آخر تحديث - 16 أبريل 2021
Mediation is not an appropriate dispute resolution procedure in all cases. When it comes to forgery or deliberate piracy in bad faith, it is unlikely that both parties will cooperate. If a party is certain to have a clear case or if the objective of the parties or one of them is to obtain a neutral opinion on a question of actual difference, to set a precedent or to be publicly confirmed on a contentious issue, mediation may not be the appropriate procedure. U.S. Secretary of State William Jennings Bryan (1913-1915) worked vigorously to promote international arbitration agreements, but his efforts were thwarted by the outbreak of World War I. Bryan negotiated 28 treaties that promised to settle disputes before the war between the signatory states and the United States broke out. He made several attempts to negotiate a contract with Germany, but ultimately never succeeded. The agreements, officially known as “peace-promoting treaties,” provide for conciliation procedures rather than arbitration.  Arbitration treaties were negotiated after the war, but attracted far less attention than the negotiating mechanism created by the League of Nations. Rule 26 of the jam arbitration regulation stipulates that jams and the arbitrator or arbitrators must respect the confidentiality of the arbitration procedure.
If the parties wish to also respect the confidentiality of the proceedings, it is possible to achieve this in the following language: at the conclusion of an arbitration agreement, the parties agree to refer their dispute to a neutral tribunal to decide their rights and obligations. Although sometimes described as a form of alternative dispute resolution, arbitration is not the same as mediation or conciliation. A mediator or conciliator can only recommend results, and the parties may choose whether or not to accept these recommendations. On the other hand, an arbitral tribunal has the power to make decisions binding the parties. Any position is probably potentially unfair; If a person is forced to sign a contract and the contract contains a compromise clause very favourable to the other party, the dispute can always be referred to that arbitration tribunal. [Citation required] Conversely, a court may be satisfied that the arbitration agreement itself is annigable after being signed under duress. However, most courts will be reluctant to interfere with the general rule that allows for commercial opportunity; Any other solution (where you had to go to court first to decide whether to go to arbitration) would be self-destructive. The advantage of mediation is that the parties to the mediation come to their own agreement.
The parties` decisions are generally longer than the judge or jury in dispute or the arbitrator in an arbitration. The parties decide on the language in which the mediation will take place. You can choose a single language or opt for the use of two languages and for the interpretation time, although the latter choice will naturally increase the cost of implementing the process. Each party communicates its choice to an arbitrator appointed by the party only to the JAMS case manager responsible for the filing. None of the parties is required to inform any of the arbitrators of the parties they may have appointed.