Chicago International Dispute Resolution AssociationNext Working Group meeting:
|
Note
from the Field
Mediation in Bosnia and Herzegovina: A Second Application
by Steven Austermiller
Buttressing The Pillars
Of Arbitration
by J.D. Wangelin
The following 4 articles are part of a draft copy of Judge Erwin I. Katz's extraordinary work in Bangkok writing the new Mediation Code under the sponsorship of the World Bank:
Report on
the New Mediation Code in Thailand
Guiding Principals Of Mediation Ethics
Code of Conduct for Mediators
Refresher Guide Mediators and
Mediation
Resolving Complex Financial and
Accounting Issues in International Disputes
A Presentation to The Chicago International Dispute Resolution Association
February 20, 2004
Press Release March 9, 2004
Schopf & Weiss Hosts Arbitration
Mini-moot Competition
A New Way to Resolve International Business
Disputes in Illinois
by Peter V. Baugher and Steven M. Austermiller
Originally published: Illinois Bar Journal volume 88 page 582 (October
2000)
Arbitration: In international business, arbitration has a unique advantage over litigation. Arbitral awards are final and binding on the parties--and treaties permit their enforcement in almost every country. By contrast, there is no corresponding system for the recognition and enforcement of judicial decisions. Arbitration cases are also heard in private, with fewer legal formalities than court litigation. The result is usually a faster, less expensive solution with little or no publicity. There is no jury; there is no appeal. Generally, no punitive damages or attorneys' fees are awarded. And, the arbitrators are chosen by the parties, themselves. CIDRA maintains a roster of expert neutrals from which parties may make their selection. Its arbitrators have strong legal and technical expertise, and experience with a wide range of businesses, cultures, and regions of the world.
Mediation: Mediation uses a neutral third party to hear both sides' points of view so as to facilitate or propose new solutions. It is a highly flexible, creative technique for settling disputes, and can be combined (typically as a first stage) with arbitration. Unlike arbitration, mediators' suggestions are not binding on the parties without their agreement.
Expert Fact-Finding: Sometimes what parties need is a neutral legal or industry expert who can determine specific facts following an investigation or analysis. CIDRA offers this service, separately or in addition to arbitration and mediation.
Rules: CIDRA's Rules govern the administration of its arbitrations and mediations, including "Fast Track" rules for parties desiring expedited hearings.
Contract Clauses: CIDRA's standard arbitration clauses for commercial contracts are tailored to arbitration and/or mediation of disputes by CIDRA. These include basic clauses and some options.
Education and Training: CIDRA helps to educate the business and legal communities about the benefits of arbitration and mediation. It also conducts seminars and training sessions for arbitrators and mediators.
Peter V. Baugher,
President
One South Wacker Drive, Suite 2800, Chicago, IL 60606 USA
312-409-1373 (Telephone), 312-701-9335 (Facsimile),