Internal Conflict management

Internal Conflict
management
Reykjavik, 7th of May 2015
Nicole Schröder
EU‐Bureau of the BMBF, PT‐DLR
Overview
 Mediation
 Arbitration
 Dispute settlement in the GA and the CA
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Mediation
Mediation ….is a form of alternative dispute resolution (ADR),
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a way of resolving disputes between two or more parties with
concrete effects
Typically, a third party, the mediator, assists the parties to
negotiate a settlement
The mediator acts as a neutral facilitator and guides the parties
through the process
The mediator helps the parties think "outside of the box" for
possible solutions to the dispute, broadening the range of
possible solutions
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Mediation
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Mediation increases the control the parties have over the resolution.
Because the result is attained by the parties working together and is
mutually agreeable, compliance with the mediated agreement is usually
high
While court hearings are public, mediation remains strictly confidential
No one but the parties to the dispute and the mediator or mediators
know what happened
While a mediator may charge a fee comparable to that of an attorney,
the mediation process generally takes much less time than moving a
case through standard legal channels
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Arbitration
Arbitration… a form of alternative dispute resolution (ADR)
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is a technique for the resolution of disputes outside the courts
The parties to a dispute refer it to arbitration by one or more
persons (the "arbitrators", "arbiters" or "arbitral tribunal")
and agree to be bound by the arbitration decision (the "award")
A third party reviews the evidence in the case and imposes a
decision that is legally binding on both sides and enforceable in
the courts.
Arbitration can be either binding or non-binding
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Arbitration
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the principal distinction is that whereas a mediator will try to help
the parties find a middle ground on which to compromise, the
(non-binding) arbitrator remains totally removed from the
settlement process and
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will only give a determination of liability and, if appropriate, an
indication of the quantum of damages payable. By one definition
arbitration is binding and so non-binding arbitration is technically
not arbitration.
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Advantages compared to court decisions
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In contrast to litigation, where one cannot "choose the judge", arbitration
allows the parties to choose their own tribunal. This is especially useful
when the subject matter of the dispute is highly technical
Arbitration is often faster than litigation in court
Arbitration can be cheaper and more flexible for businesses
Arbitral proceedings and an arbitral award are generally non-public, and
can be made confidential
In arbitral proceedings the language of arbitration may be chosen,
whereas in judicial proceedings the official language of the country of the
competent court will be automatically applied.
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Advantages compared to court decisions
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Because of the provisions of the New York Convention 1958, arbitration
awards are generally easier to enforce in other nations than court
verdicts.
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In most legal systems there are very limited avenues for appeal of an
arbitral award, which is sometimes an advantage because it limits the
duration of the dispute and any associated liability.
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GA 41.3 Internal arrangements between beneficiaries — Consortium
agreement
…The beneficiaries must have internal arrangements regarding their
operation and coordination to ensure that the action is implemented
properly. These internal arrangements must be set out in a written
‘consortium agreement’ between the beneficiaries, which may
cover:
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settlement of internal disputes;
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Further information on dispute settlement
http://www.bmediation.eu/
http://www.cepani.be/en
http://www.wipo.int/amc/en/mediation/rules/
http://www.wipo.int/amc/en/
http://www.iccwbo.org/Products-and-Services/Arbitration-and-ADR/Arbitration/Rules-ofarbitration/Download-ICC-Rules-of-Arbitration/ICC-Rules-of-Arbitration-in-several-languages/
Provisions within consortium agreements:
http://www.desca-2020.eu/
http://www.digitaleurope.org/Services/H2020ModelConsortiumAgreement.aspx
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Good luck in your project and
have a peaceful time 
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http://ec.europa.eu/research/participants/portal/desktop/en/support/national_contact_points.
html
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German National Contact Point for Legal & Financial Matters
Financial Matters
ALEXANDRA BURGHOLZ
LIANE LEWERENTZ
BASTIAN RAUE
CHRISTIN KULKE
Tel.:
Tel.:
Tel.:
Tel.:
0049 30-67055-737
0049 228-3821-1652
0049 228-3821-1950
0049 228-3821-1565
Tel.:
Tel.:
Tel.:
Tel.:
0049 30-67055-788
0049 30-67055-737
0049 228-3821-1652
0049 228-3821-1565
Tel.:
0049 228-3821-1633
Legal Matters
NICOLE SCHRÖDER
ALEXANDRA BURGHOLZ
LIANE LEWERENTZ
CHRISTIN KULKE
General Information on Legal and
Financial Matters
MONIKA SCHULER
Internet:
www.nks-ruf.de
www.horizont2020.de
E-Mail: [email protected]
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This project has received funding from the European Union’s Horizon 2020 research and innovation programme under grant agreement No 633563.