ADR
Mediation or ADR (Alternative Dispute Resolution) is being increasingly promoted and availed of by parties as a preferred alternative to arbitration and litigation.
When a dispute arises a mediator will facilitate the parties to define the issues, describe and refine their respective positions, consider the issues from each other's viewpoint, engage in a risk analysis of engaging in arbitration or litigation, identify their respective positions, identify their respective interests and engage in meaningful negotiations. The aim of the process is to facilitate the parties to reach an amicable and binding agreement to settle the dispute.
The role of the mediator is to guide the process and encourage progress. The mediator is not an adjudicator and does not act as an expert or give advice on the substantive issues in dispute.
The flexibility and informality of the process and the potential for savings of cost and resources by early intervention has particular advantages in international disputes.
Links to the major international documents and materials for international commercial dispute resolution together with details of the principal institutions engaged in international dispute resolution in Europe can be found HERE.
The rules and guidelines proposed for international arbitration and ADR procedures by the institutions can be found HERE.