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Types of procedures

ECDR offers wide range of services aimed at dispute prevention, management and resolution from dispute system design, partnering or mediation in corporate governance conflicts to early neutral evaluation, mediation, conciliation, arbitration, rent-a-judge or hybrid processes like med-arb and arb-med in both, domestic and cross-border disputes. 

 

Partnering

Partnering is a continuous multi-party management process of aligning organizations in investment construction, energy and other projects, for achieving success in business relationships. The goal of the partnering is to reach a mutual vision, build quality teams, reap economic benefits, improve working relationships, resolve conflicts and prevent litigation.

 

Dispute System Design

Dispute system design (also commonly known as integrated conflict management systems design) is a way of looking at conflict that goes beyond resolving individual disputes. Instead, conflict is viewed from a broad perspective with the goal of putting processes in place to prevent, manage, and resolve conflict by creating systems or processes that recognize the frequent types of conflict arising in an organization.

 

Mediation 

Mediation is a flexible, confidential procedure in which one or more third neutral persons as mediators assists to the parties of a dispute at their attempt to reach a friendly binding and enforceable settlement agreement.

Conciliation 

During a course of mediation disputants may agree to require from a mediator to recommend or propose to them possible terms of friendly settlement.


Arbitration 

Arbitration is a confidential, adjudicatory dispute resolution, referred upon an agreement of the disputants to a sole arbitrator or panel of arbitrators who are authorized to issue binding and enforceable arbitration award. 


Med-arb 

Med-arb is a hybrid confidential fast track proceeding of combined mediation and arbitration. In case when parties cannot reach an agreement within mediation, a mediator takes a role of an arbitrator and issues an arbitration award.


Arb-med
 

Arb-med is a hybrid confidential fast track proceeding of combined arbitration and mediation. An arbitrator after completing accelerated arbitration seals an award in an envelope and continues with mediation. If the parties cannot reach an agreement in due time, the arbitrator issues the award.

 

Specialized procedures for resolution of consumer disputes

Specialized procedures for resolution of consumer disputes are confidential procedures designed for consumer dispute resolution. They can be performed as mediation, conditionally binding arbitration or med-arb procedure, where in any case the duration of the procedure does not exceed 30 days and it could be entirely on-line based. Procedure is free-of-charge for consumer.


Neutral Expert Fact-Finding

Neutral expert fact-finding is a confidential procedure in which one or more neutral experts  find facts and provide neutral expert analysis in cases where  the party  wishes to clarify certain expert issues.


Early neutral evaluation 

Early neutral evaluation is a non-binding procedure in which a technical or legal expert provides the parties to the dispute with an assessment of the strengths and weaknesses of their case in relation to expected outcome of a trial. After they hear the expert opinion, the parties may invite a neutral to facilitate negotiations between them.

 


Evropski center za reševanje sporov

European Centre for Dispute Resolution

Tomšičeva ulica 6
1000 Ljubljana

+386 8 20 56 590

info@ecdr.si