ADR Network & Cooperation
Most intermediary institutions, like chambers of commerce and entrepreneurial associations, perform the function of informally helping local and foreign entrepreneurs to amicably settle disputes. Many firms, especially SME's, have had positive experiences with regard to receiving assistance from an intermediary institution in settling problems/disputes arising from a given contract.
Establishing links among all institutional centers promoting and managing arbitration and ADR in the EU and MEDA countries through networking is instrumental in promoting the use of such dispute settlement methods among entrepreneurs. The preliminary step is creating informal networks, launched through this website which contains the contact information of EU and MEDA centers. Click here for a listing of MEDA mediation and arbitration centers.
The most active MEDA dispute resolution center(s) may enter into cooperation agreements with homologue institutions in the EU. In instances where the potential for formal cooperation agreements is demonstrated following the cultivation of a relationship, the agreement may result in a formal Memorandum Of Understanding between local organizations.
The cooperation regards not only the exchange of experience and information, but may also include cooperation in provision of services, such as in the case of co-mediation. In this process, rather than choosing a mediator from a third country, international litigants can each pick a mediator from a mediation organization in their own country. The neutrals then undertake to work together to facilitate settlement negotiations. While recourse to two neutrals may add some cost, this approach generally increases confidence in the process. Also, it can be effective when there is need for a mediator who speaks a certain language or has a specific background. For such reasons, co-mediation can make settlement more likely, so parties often find it worthwhile.
Template cooperation agreements will soon be available on this website.