Author: Mehveş Erdem Kamiloğlu
Introduction
The ICC Commission on Arbitration and ADR (“Commission”) published a new guide and report with the aim to increase awareness on alternative dispute resolution (“ADR”) mechanisms to prevent disputes and strengthen the relationship between all stakeholders.
The Guide on Effective Conflict Management (“Guide”) covers Commission’s main recommendations on selecting and efficiently using the most suitable ADR, reducing costs for the disputes that can be avoided before or after the arbitration proceedings. Guide divides such into two main categories (i) proactive conflict management and (ii) assisted conflict management. Guide also highlights pre-action risk assessment tool and gives examples from cases in most categories.
The Report on Facilitating Settlement in International Arbitration provides ways for settlement once the proceedings have begun with the aim to protect relationship between parties. It compromises of sections on case management techniques, mediation windows and protocols and preliminary views and settlement conferences.
This article will mainly focus on the recommendations highlighted in the Guide.
Proactive Conflict Management
The first section of the Guide lists tools for proactive conflict management (i) putting in place internal company policies for early dispute management, (ii) drafting effective dispute resolution clauses and (iii) increasing awareness of conflict management.
