Multi-Tier Approaches to the Resolution of International Disputes: A Global and Comparative Study

Multi-tier dispute resolution (MDR) is a popular method for resolving disputes, combining flexibility and informality of mediation with the rigor and formality of arbitration or litigation. This book surveys global regulatory approaches, compares MDR trends in Asia and the wider world, identifies strengths and weaknesses, and prescribes ways to address enforceability, difficulties arising from the same person acting as mediator and decision-maker, and enforcement of mediated settlement agreements.

Format: Paperback / softback
Length: 400 pages
Publication date: 16 December 2021
Publisher: Cambridge University Press

Multi-tier dispute resolution (MDR) is a comprehensive approach to resolving disputes that involves an initial attempt at mediation, followed by arbitration or litigation if mediation fails. It combines the flexibility and informality of mediation with the rigor and formality of arbitration or litigation, making it an attractive option for dispute resolution. Despite its perceived advantages, MDR is not widely adopted globally, and MDR clauses in commercial contracts remain relatively uncommon. This book aims to address this question by examining global regulatory approaches to MDR, comparing MDR trends in Asia and the wider world, identifying the strengths and weaknesses of MDR, and proposing solutions to address its weaknesses, such as the enforceability of MDR clauses, the challenges arising from the same person acting as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR.

Introduction:
Multi-tier dispute resolution (MDR) has gained increasing popularity as a means of resolving disputes in recent years. It offers a flexible and informal approach to dispute resolution, combined with the rigor and formality of arbitration or litigation, making it appealing to parties involved in complex disputes. However, despite its perceived advantages, MDR is not widely adopted globally, and MDR clauses in commercial contracts remain relatively uncommon. This book aims to explore the reasons behind this lack of adoption and propose solutions to address the challenges associated with MDR.

Global Regulatory Approaches to MDR:
The regulation of MDR varies significantly across different jurisdictions. In some countries, such as China and some Asian jurisdictions, MDR is extensively regulated and has become a standard practice in commercial contracts. In contrast, in other parts of the world, MDR is not well-defined or regulated, leading to uncertainty and confusion among parties involved in disputes.

Comparing MDR Trends in Asia and the Wider World:
MDR trends in Asia and the wider world differ significantly. In Asia, MDR is widely adopted and has become a standard practice in many industries. This is largely due to the cultural and legal traditions in many Asian countries, which prioritize mediation and dispute resolution. In contrast, in the wider world, MDR is less prevalent, and parties often resort to traditional litigation as a means of resolving disputes.

Strengths and Weaknesses of MDR:
MDR has several strengths and weaknesses. One of its strengths is its flexibility, as it allows parties to choose the appropriate dispute resolution method based on the specific circumstances of the dispute. It also provides an opportunity for parties to maintain a relationship and potentially resolve disputes in a more cost-effective and timely manner. However, MDR also has several weaknesses. One of the main weaknesses is the enforceability of MDR clauses. In many cases, MDR clauses may not be enforceable in court, particularly if they are considered to be ambiguous or unfair. Additionally, the same person acting as mediator and decision-maker in the same dispute can create conflicts of interest and undermine the integrity of the process.

Addressing the Weaknesses of MDR:
To address the weaknesses of MDR, several solutions can be proposed. One solution is to improve the enforceability of MDR clauses by clarifying and standardizing their language. This can be achieved through the development of industry-specific guidelines or regulations that provide clear guidance on the interpretation and enforcement of MDR clauses. Another solution is to ensure that the same person does not act as mediator and decision-maker in the same dispute. This can be achieved through the establishment of clear rules and procedures that prohibit the same person from acting in these roles. Additionally, it is important to promote awareness and education about MDR and its benefits to parties involved in disputes. This can be achieved through the provision of training programs, workshops, and seminars that educate parties about the advantages and disadvantages of MDR and how to effectively utilize it in resolving disputes.

Conclusion:
In conclusion, MDR is a promising approach to resolving disputes that offers a flexible and informal approach to dispute resolution, combined with the rigor and formality of arbitration or litigation. However, its lack of adoption globally and the challenges associated with MDR require careful consideration and solutions. By improving the enforceability of MDR clauses, ensuring that the same person does not act as mediator and decision-maker in the same dispute, and promoting awareness and education about MDR, we can increase the adoption of MDR and make it a more effective means of resolving disputes in the global marketplace.

Weight: 794g
Dimension: 154 x 229 x 35 (mm)
ISBN-13: 9781108796057