Drafting Mediation Drafting Mediation Pledges, Negotiation Pledges, Negotiation and Mediation Clauses and Mediation Clauses and Hybrid Clauses and Hybrid Clauses Willem MEUWISSEN Attorney at Law Antwerp Bar Mediator FBC, BBMC, VOBA 1 MEUWISSEN & C° ATTORNEYS AT LAW AND MEDIATORS
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Drafting Mediation Pledges, Mediation Clauses and Hybrid Clauses
Presentation made to the Belgian Institute of Corporate Lawyers Training Seminar on September 17 2010
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Drafting Mediation Pledges, Drafting Mediation Pledges, Negotiation and Mediation Negotiation and Mediation
Clauses and Hybrid ClausesClauses and Hybrid Clauses
Willem MEUWISSENAttorney at Law Antwerp BarMediator FBC, BBMC, VOBA
ResolutionKeep Control over the SolutionRange of Possible SolutionsCreativity in Business SolutionsOptimization of Possible SolutionsPreservation of Business RelationshipsSpeed, Discretion, Cost Efficiency
“In the event of a business dispute between our company and another company which has made or will then make a similar statement, we are prepared to explore with that other party resolution of the dispute through negotiation or ADR techniques before full-scale litigation. If either party believes that the dispute is not suitable for ADR techniques or if such techniques do not produce results satisfactory to the disputants, either party may proceed with litigation.”
More than 4.000 operating companies have commited to this pledge.
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MEUWISSEN & C° ATTORNEYS AT LAW AND MEDIATORS
Other Examples :
Belgium : BECI and BBMC and VOBA “Charter for Efficient Conflict Resolution” www.500.be
“Any dispute arising out of this contract and which can not be resolved in the normal course of business shall be resolved through confidential negotiations between parties’ executives, thereto adequately appointed. A conflict may be notified in writing to the other party and the other party is to reply in writing within 15 days after receipt. Both notice and answer shall contain the position and the arguments of parties as well as the identity of the executive who is to negotiate. Within 30 days after delivery of the initial notice, the executives shall meet. The contents of the negotiations are confidential.”
“If the conflict has not been resolved by negotiation within 45 days after delivery of the initial notice of conflict, parties shall endeavour to settle the conflict by mediation according to the mediation rules then currently in effect of (mediation institute)”
“If the conflict has not been resolved by mediation within 45 days after the request for mediation to the mediation institute, the conflict shall be resolved by arbitration according to the rules of (arbitration institute)”