Free trade agreements are intended to encourage foreign investment by nationals of the state parties. The United States is a party to a number of free trade agreements. Ecuador is in the midst of negotiating a free trade agreement with the United States. Certainly, Ecuador hopes that this agreement will nurture the business relationships between investors from the two countries. All business ventures, however, are likely to experience disputes. This is almost inevitable. For the most part, parties involved in international transactions have used international arbitration to resolve disputes. Yet mediation is an even better method of dispute resolution. But regrettably, it is not yet an accepted method of resolving international disputes. This article examines the impediments to mediatio...
This article compares the Polish Mediation Law with the proposed European Union (EU) Mediation Directive. The EU Mediation Directive embodies the fruits of the EU Commission's multi-year research into methods of obtaining better performance in resolving civil disputes in Member States. The Polish Mediation Law introduces mediation as a new option in Polish civil procedure, creating an alternative to the traditional adjudication of civil cases by state courts. Both the Polish Mediation Law and the EU Mediation Directive apply to civil matters, which includes all commercial disputes. Both the EU Directive and Polish Law recognize the importance of confidentiality in mediation but only to a limited extent. The EU Directive has more detailed confidentiality provisions. But, the Polish Media...
NFL MINNEAPOLIS - Carl Eller emerged from a 7-hour mediation session between the NFL and its locked-out players Tuesday and let out a big sigh.
...If a commercial focus is required, then the client is the most app...
* Jo Leigh Fischer, an Armstrong Teasdale lawyer who defends insurers and manufacturers in explosion, fire and electrocution litigation, has been reelected president of the Kansas City Metropolitan Insurance Fraud Task Force. The task force encourages cooperation between public service agencies and private organizations to detect, investigate and prosecute insurance fraud. The firm also announced that Diane Felix, an Armstrong Teasdale partner, was elected to a three-year term as a board member of the Missouri Society of Health Care Attorneys, an organization affiliated with the Missouri Hospital Association. She is a member of the firm's corporate services practice, representing health care providers in a range of matters. * The College of Commercial Arbitrators recently inducted Husch...
In the news Giants' owner joins NFL mediation
The costly expense and time-draining nature of litigation is spurring change to many commercial real estate contracts, which have traditionally required any dispute be resolved through litigation in a court where the property at hand is located. In efforts to avoid litigious headaches, placing alternative dispute provisions in commercial real estate contracts that mandate any conflict be resolved through nonbinding mediation or binding arbitration is a growing trend. It is vital for any property manager, especially those who use "form" contracts or who review and approve any real estate-related contract (including construction contracts), to know the differences, and pros and cons of nonbinding mediation and binding arbitration. Any company should not charge headfirst into litigation, b...
This article will discuss mediation in non-commercial real estate matters. This subject matter is high on the list of disputes for which mediation is especially fitting for a number of reasons. First of all, the purchase or sale of a residence is usually the biggest and most important contract the average person enters into. In addition, these contracts are typically not of the variety where the parties are prepared to walk away when and if a dispute arises.
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