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Alternative Dispute Resolution

Alternative Dispute Resolution

Small Video Series about  Alternative Dispute Resolution: Mediation, Arbitration and Adjudication from German Lawyer Bertrand Prell (Lawyer/Solicitor).

Mediation

The concept of Mediation contrasts with arbitration. Arbitration usually replaces a court action ending with an enforceable decision of the Arbitration Tribunal. It is similar to a judgement but it is generally not appealable. Some parties may shy away from such arbitration proceedings for understandable fears but these are usually unfounded. The arbitration panel consists of impartial arbitrators with profound experience. Certainly the chairman is carefully selected by an independent institution such as the ICC or the DIS.

The procedure of Alternative Dispute Resolution is usually governed by arbitration rules of e.g. the International Chamber of Commerce in Paris. Being a German and English lawyer I would like your company to also consider the rules of the German Institute of Arbitration in Frankfurt or of the London Court of Arbitration. All of these sets of rules are similar and make common sense. Generally, arbitration does not allow for an appeal. Once the decision is taken, it is enforceable. As a result arbitration can be faster and saving on costs, and it is definitely more confidential.

 

Mediation – Dispute Resolution I

One is Mediation: Mediation is not strict alternative to court action in fact it is something which the parties may consider as an out-of-court attempt in order to settle a matter a dispute between the parties and it has certain benefits.

The first one is it is a proceeding which can be held absolutely and strictly confidential no press is involved the public is barred from having access to this kind of mediation process.

The second aspect is that is faster because the parties can set it up ad-hoc that means whenever a problem arises and they can reserve resolve it within a short time period depending on the attitude the part is adopt.

The third aspect is it is much more flexible the court normally addresses legal issues: a mediator can take into account all aspects of the relations between the parties they may want to continue their relations and this is simply just a dispute which is in the way and needs to be resolved quickly and also the court is subjected to very strict procedural rules whereas a mediator can agree with the parties to take an efficient approach outside strict rules as set out on the law.

..and the last but equally important aspect is that it is only an invitation to the parties to resolve the matter out of court but it is not a substitute in other words if they fail  to agree they can still go to court and resolve the matter in such way.

However the statistics prove that if parties are willing to enter into a mediation process about seventy percent if not more of the cases and disputes are being resolved and by way of mediation by way of a settlement agreement.

 

 

Arbitration – Dispute Resolution II

Dispute Resolution is a Arbitration, which is probably most widely used and the most common form of alternative dispute resolution. it is in contrast to mediation a substitute to court proceedings and to a court ruling. so an arbitration ruling is enforceable in all those jurisdictions which have recognized the arbitration as an alternative dispute resolution and in fact most of the countries have including African countries, Asian countries

The key-benefits of that is again it is strictly confidential if the parties agree the arbitrator’s must be impartial there must not be subjected to any conflicts of interest and arbitration is non appealable and therefore it is usually faster

The drawback of that is it is a substituted to a state court ruling and the parties have to be aware that they cannot normally resort to the courts if they are not satisfied with the ruling of the  arbitration panel so it is very important that you take a very careful approach to arbitration and that you are assisted by a lawyer or law firm which has experience in this particular area.

 

Adjudication – Dispute Resolution III

Alternative Dispute Resolution is the concept of Adjudication it is probably the most recent concept but it has become quite fashionable especially with internationally operating companies working on larger and more time-consuming projects.

this is where adjudication comes into usually in a project covering three four or five years you have problems on the way you need to resolve this problem in the shortest possible time period and as efficiently as possible and if possible less confrontational than in a court dispute.

so the parties have a possibility at the very beginning of the project to appoint three so-called adjudicators: these adjudicators are introduced to this project so that they know what it’s all about and whenever there is a dispute arising between the parties such as between the general contractor and the supplier or a service provider the adjudicators would come into it promptly would seek to settle.

the problem whilst this project carries on so there would not be a penalty at the end which is usually part of a contract now this the purpose of this is not resolve it forever but simply for the purpose of completing this particular project then within the contractual time period.

 

Alternative Dispute Resolution Advantages

First Alternative Dispute Resolution is a proceeding which can be held absolutely and strictly confidential no press is involved the public is barred from having access to this kind of mediation process. The key-benefits of that Alternative Dispute Resolution strictly confidential if the parties agree the arbitrator’s must be impartial there must not be subjected to any conflicts of interest and arbitration is non appealable and therefore it is usually faster

 

Alternative Dispute Resolution Examples

This is where adjudication comes into usually in a project covering three four or five years you have problems on the way you need to resolve this problem in the shortest possible time period and as efficiently as possible and if possible less confrontational than in a court dispute.

 

Alternative Dispute Resolution Negotiation

So an arbitration ruling is enforceable in all those jurisdictions which have recognized the arbitration as an alternative dispute resolution and in fact most of the countries have including African countries, Asian countries.

 

Bertrand Prell
Bertrand Prell
Bertrand H. Prell is a German practising lawyer admitted to the Frankfurt Bar as Rechtsanwalt in January 1988 as well as a qualified Solicitor (uncertificated) for England und Wales admitted in 1992. He is specialised in advising medium sized companies in Germany and abroad. In particular he advises companies in the following sectors: Advising infrastructure projects worldwide, particularly in emerging markets IT and telekommunication M&A transactions Aviation, air traffic control and cargo Commercial agents, distributors and joint ventures Publishing Commercial properties He advises companies regarding employment law, company and commercial law, publishing law, aviation la was well as all issues regarding cross-border transactions or disputes between German and Common Law countries. Furthermore, Mr. Prell has experience in International and National Arbitration, Mediation and Adjudication as well as advising companies tendering for EU-projects or under the investigation of the European Commission (OLAF). Business language is German and English. Herr Prell is a member of the Frankfurt Bar Association (Rechtsanwaltskammer Frankfurt as well of the German Institute of Arbitration(Deutschen Institut für Schiedsgerichtsbarkeit - DIS).