Mediation: ADR

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11 resources

	Title	Resource Type	Date
Practice Note: Overview
1	An overview of mediation for the client An overview of the mediation process, which can be used as a client guide.	Practice Note: Overview	Maintained
2	Mediation Toolkit Resources to assist in-house counsel with mediation.	Practice Note: Overview	Maintained
Practice Notes
1	Hybrid, multi-tiered and carve-out dispute resolution clauses This practice note considers the different forms that so-called "hybrid", "multi-tiered" (or "escalation") and "carve-out" dispute resolution clauses may take. Although a short form, standard arbitration or jurisdiction clause will suffice in the majority of contracts, certain complex projects may require more complicated dispute resolution provisions. This note focuses on the issues that may arise in using complex clauses and highlights the potential pitfalls a lawyer may face in drafting these types of clauses.	Practice Notes	Maintained
2	Mediation: settlement phase The settlement phase will follow the negotiation phase of a mediation. Any agreement between the parties will be formalised. This note suggests methods for breaking deadlock in negotiations, and outlines the points to be considered when formalising any settlement agreed by the parties, including points to be covered in the settlement agreement, and the need to dispose of any court proceedings.	Practice Notes	Maintained
3	Mediation: the opening phase This note outlines the purpose and structure of the opening phase of a mediation.	Practice Notes	Maintained
4	Mediator selection This note identifies the criteria that parties and their advisers should consider when selecting a mediator, including factors such as accreditation, experience and cost. It also suggests ways of finding a suitable mediator for a particular dispute.	Practice Notes	Maintained
Standard Documents
1	Sample letter to opponent after mediation has been agreed A letter setting out the matters which need to be agreed between the parties before the mediation takes place.	Standard Documents	Maintained
Checklists
1	Stages of a mediation A checklist outlining the key stages of a mediation including the opening, exploration and settlement phases.	Checklists	Maintained
Articles
1	Innovative Alternative Dispute Prevention and Early ... An Article that explains new ways to proactively reduce and manage the likelihood of formal disputes. These methods include appointing a standing neutral, establishing a peer review panel program for employee disputes and implementing a planned early negotiation process.	Articles	06-Jan-2012
Updates
1	IBA publishes rules for investor-state mediation The International Bar Association (IBA) has adopted new rules for investor-state mediation, drafted by the IBA state mediation sub-committee.	Legal Update: archive	17-Oct-2012
2	JCAA's International Commercial Mediation Rules come into ... An update on the Japan Commercial Arbitration Association's International Commercial Mediation Rules.	Legal Update: archive	21-Jan-2009

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