Includes bibliographical references.
|Statement||Edited by Gerald G. Somers and Barbara D. Dennis.|
|Series||National Academy of Arbitrators. Proceedings of the annual meeting -- 23rd|
|Contributions||Somers, Gerald George. ed., Dennis, Barbara D.. ed.|
|The Physical Object|
|Pagination||x, 274 p. ;|
|Number of Pages||274|
Patent Neutral: Expanding Use of ADR for Settlement of Patent Disputes at the PTAB describes how these neutrals can be engaged to help parties more efficiently decide IP conflicts, particularly proceedings at the USPTO. In this concise guide, author David L. Newman covers all essential aspects of using ADR to resolve these disputes at the PTAB. Neutrals; Rules & Clauses expand_more. Know your role. While a neutral may well serve the role of trier of fact in an arbitration or trial, that role is much different in a mediation. The neutral must keep foremost in his/her mind that the role of a mediator is to help move the parties to a mutually acceptable resolution, and that taking a. The icc’s Role in Administering Investment Arbitration Disputes Attorneys’ Conflicts of Interest in International Arbitration Inherent Powers of Arbitrators to Deal with Ethical IssuesAuthor: Peter Michaelson. COMBINATIONS OF MEDIATION AND ARBITRATION WITH THE SAME NEUTRAL: A FRAMEWORK FOR JUDICIAL REVIEW Ellen E. Deason* I. INTRODUCTION A dispute resolution process that combines mediation with arbitration is not new, but is reportedly growing in popularity in the United States.1 The combined process typically takes the form of mediation followed by arbitration (“med-arb”), arbitration.
About this book: The International Arbitration Rulebook is a comprehensive, descriptive and analytical “road map” to international commercial and investment arbitration rules. Numerous arbitral regimes around the world differ in subtle yet complex ways. These variations can have a profound effect on the procedural rights and obligations of the parties. defines arbitration as: “a process by which parties consensually submit a dispute to a non-governmental decision-maker, selected by or for the parties, to render a binding decision resolving a dispute in accordance with neutral, adjudicatory procedure affording the parties an opportunity to be heard.” . Today’s lawyers and neutrals can best serve our clients by being responsive to the specificity of their needs and interests. That includes not only resolving a dispute but also how we go about resolving it. just as the process of collaborative law is different from arbitration. In her groundbreaking book, There is a role and a place. WIPO Arbitration and Mediation Center. Based in Geneva, Switzerland, with a further office in Singapore, the WIPO Arbitration and Mediation Center was established in to offer Alternative Dispute Resolution (ADR) options for the resolution of international commercial disputes between private parties. Developed by leading experts in cross-border dispute settlement, the arbitration.
Arbitration is adversarial in nature. The process of mediation is a bit informal while Arbitration is a formal process, which is much like a court room proceeding. In mediation, the third party plays the role of facilitator, so as to facilitate negotiation. On the contrary, the arbitrator plays the role of a judge to render a decision. The Workshop is designed for arbitration and IP lawyers, in-house counsels, patent and trademark attorneys, and business professionals wishing to familiarize themselves with international mediation and arbitration processes and to receive training as neutrals or . Moreover, mediators as neutral third parties can add value to the parties’ negotiations. Thinking about mediators in the world of international arbitration calls for an appreciation of the fundamental differences between the roles of arbitrators and mediators. The critical difference between the two roles lies in the nature of decision-making. 'Saxton, The Employer View, in Arbitration and the Expanding Role of Neutrals, Pro-ceedings of the 23rd Annual Meeting, National Academy of Arbitrators, eds. Gerald G. Somers and Barbara D. Dennis (Washington: BNA Books, ),