ADR is currently an area of substantial growing importance in many legal jurisdictions globally. The use of arbitration is well established, but there are several issues to be addressed in ensuring that the process is as efficient and effective as it can be. Therefore, increasingly there has been a desire to use mediation as a dispute settlement mechanism. The use of mediation is being driven by a variety of factors, including the desire for quicker, more private and more cost-effective ways of resolving civil disputes. While this is in many ways to be welcomed, it brings with it significant questions, for example, potential oversight of practice, transparency and the development of precedent. For instance, both government policy and civil court rules are promoting the use of ADR in England and Wales, and it offers potential benefits to those involved in a civil dispute. It is important that developments in the use of ADR be soundly based, and that progress continues in identifying appropriate ways to address disputes in cost and time efficient ways. Thus, the aim of our research platform is the advancement of research, scholarship and education in the fields of negotiation, mediation and arbitration internationally. In doing this, we seek to develop relationships with legal professionals and academics with interests in this area.
A mediator is a neutral third party who facilitates a conversation between two or more parties in a conflict. A mediator uses his or her skills to bring the parties to a settlement. However, the mediator does not decide what the settlement might be, which remains within the parties’ control. Unlike a judge, a mediator does not provide his or her opinion on the merits of the conflict.
In 1958, with the advent of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), the international business community experienced a momentous shift in the manner cross-border commercial disputes were resolved. Originally having 24 signatories, today this convention has been ratified by 159 parties, having been ratified by countries as large as the United States and territories as small as the British Virgin Islands.
Alternative dispute resolution consists of several methods of settling disputes in lieu of litigation. In everyday discourse however, the term 'ADR' is commonly used as a catch all phrase, implying a similarity of process and conclusion in all different forms. At Phoenix, we realize that the appropriate method of ADR may differ according to the nature of the dispute, and are committed to helping our clients make the correct choice.
Arbitration
At its core, mediation is a reconciliation tool that attempts to co-opt rather than coerce parties into a resolution, much unlike traditional methods of dispute resolution. As such, it focuses on skilled individuals with an understanding of conflict management, working within a specified structure to enable parties into entering voluntary and mutually agreeable terms. Its success is therefore grounded in a number of factors.
Time and Cost Effective:
Workplace mediation allows organizations to resolve disputes at the earliest stage possible, preventing costly formal proceedings, reduced productivity and an unhealthy working environment. Mediation further allows employers to demonstrate their commitment towards the contentment and well-being of the workforce. Organizations looking to develop in-house mediation capacities may seek to benefit from the vast experience on offer by the team at Phoenix Dispute Solutions, in order to ensure a smooth development process.
Structure and Guidelines
