DISPUTE RESOLUTION LEADER

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1 DISPUTE RESOLUTION LEADER Preferred destination for administered and ad hoc resolution of disputes An independent non-profit organization that helps global businesses and their counsel prevent and resolve commercial disputes more effectively.

2 MCN IS RAPIDLY BECOMING THE PREFERRED DISPUTE RESOLUTION RESOURCE OF CHOICE FOR THE MOST INFLUENTIAL CORPORATIONS AND THEIR OUTSIDE COUNSEL. Over Dispute Resolution Experts Coming from 20+ Nationalities Covering over 60+ Locations worldwide Choice of 100+ Mediation and Arbitration Venues

3 There is a creative solution to every dispute. OVER 80% DISPUTES RESOLVE THROUGH MCN ADMINISTERED DISPUTE RESOLUTION PROGRAMS/ SCHEMES. Plain arbitration clauses are just passe. Companies use specific stepped dispute resolution clauses in their contracts to prevent and manage disputes effectively by using MCN s new world creative dispute resolution solutions.

4 Global companies and making Court option as the last resort and an alternative to the new world dispute resolution schemes. Corporate Counsel now have options to resolve disputes through time tested creative approaches before court option. MCN boasts of plethora of dispute resolution schemes. to help prevent and resolve domestic and cross border commercial disputes.

5 WHAT WE DO MCN offers consultative and managed services related to the prevention and resolution of disputes through its memberships. MCN assists member companies and industry groups in crafting internal ADR systems and drafting model predispute ADR clauses and post-dispute ADR agreements. prevent resolve By formulating an ADR Agreement: As the leading innovator in ADR solutions, MCN assists parties in designing the terms of a postdispute agreement or pre-dispute contract clause in ways that increase their effectiveness and expedite the process better than if the parties had crafted the solution on their own. Organizations stipulate MCN Neutrals as their choice for dispute resolution when they negotiate their contracts or treaties. By designing, managing and administering corporate ADR Systems and Industry ADR Programs: MCN assists companies and industry groups to craft an ADR program for frequently occurring disputes, to identify and train a panel of highly qualified Neutrals, and to communicate the program to relevant parties. By coalescing and Convening Parties in Complex Disputes. MCN will, at the request of any party, undertake to bring together the parties and Neutral(s). MCN can leverage special role as a Neutral body and as an advocate of ADR services, to convene multiparty disputes and obtain their consent to engage in an appropriate ADR process to resolve the matter. Helping General Counsel and their law firms toward an increased reliance on alternative forms of dispute resolution rather than litigation. By selecting highly skilled Neutrals possessing both the experience and qualifications relevant to a specific conflict to assist in its resolution. By providing Mediation and Assisted Arbitration Services: For situations in which limited administration may be needed for a given type of case or case load, MCN staff stands ready to assist parties in proactively addressing disputes and accelerating resolution.

6 1000+ Neutrals for your success No other organization has best choice of Neutrals to exactly meet the requirements of clients. MCN is becoming the first choice of clients for the appointment of right Neutrals.

7 For In-house Counsel/ GC s Complimenting a Lawyers Quest for early Resolution of Disputes. MCN collaborates effectively with in-house and out house counsel to bring value and ensure speedier resolutions and cost savings for organizations to settle prelitigation disputes, actively-litigated cases, and even cases on appeal. As advocates prepare thoroughly for client s day in court. We prepare just as thoroughly with our in-house or outside counsel s assistance for a resolution through stepped mediation, which may terminate the litigation and bring a lasting agreement between the combating parties. By working together and preparing in advance, in-house and outside counsel maximize the chances for a successful mediation for the company. Companies achieve their goal of early and best possible settlements by collaborating with MCN. Their in-house and outside counsel work together with MCN at every phase of the process. The more thorough and thoughtful counsel s collaborative planning with MCN is, the more likely the corporation will achieve its goal of an early resolution of the case.

8 MCN uses a combination of processes in most creative ways to ensure early and cost effective resolution of disputes. Early Neutral Evaluation Early Neutral Evaluation provides disputants with a frank professional evaluation of their claims and defenses by a professional, objective observer often a Magistrate Judge. It is used when the parties disagree significantly about the value of their cases and are locked in positional bargaining. Expert Determination Assistance in finding experts and administering procedures to obtain independent opinions on technical, legal, financial or other issues. Appointing Authority Assistance in appointing arbitrators and deciding on challenges against arbitrators in ad hoc proceedings. Ombuds Schemes Through our distinct and expert business units, we provide ombudsman services to resolve consumer and employee disputes to diverse sectors of business and Industry. MCN has separate Ombudsman Services for Consumers and Employees. Dispute Board Permanent panel set up to accompany the performance of a contract and help resolve difficulties as and when they arise. MCN neutrals become the part of a client-appointed panel chaired by a one neutral, which is formed at the start of a project and meets regularly (usually at the site) to follow work progress and to provide guidance to the parties. Negotiation Negotiation involves conferring with another with a view to agreement. There are no formal rules to governing how negotiations should be conducted, although there are culturally acceptable approaches. Assisted negotiation Here the parties are assisted in their negotiations by a third party who coaches or represents them in the negotiations without a formalized structure. Independent expert appraisal or early neutral evaluation This is where the parties appoint an independent expert to investigate and provide an opinion on the issues in dispute, either as a basis for solution or simply to clarify the issues. In some cases, the parties agree to be bound by the opinion, which is often submitted to them in draft form before being finalized. Mini Trials A hybrid process by which the parties present their legal and factual contentions to a panel of representatives selected by each party, or to a neutral third party, or both. The presentations are strictly limited and, at the end of the presentations, the party representatives and/or neutral meet and confer. Arbitration Formal procedure in which an independent arbitrator or panel of arbitrators resolve a dispute with a binding decision enforceable at law.

9 Some of the MCN Managed and Administered services Ombudsman Services For out-of-court settlement of disputes Office of the Organizational Ombudsman cdos CONSUMER DISPUTES OMBUDSMAN SERVICE service of - THE MEDIATION AND CONCILIATION NETWORK BEAO Bureau of Employee Assistance & Ombudsman Integrated Dispute Management IDMG Group

10 Are you including the stepped dispute resolution clauses in your contracts? Lets start with helping you prevent disputes. BECOME A MCN MEMBER NOW. For more details of MCN membership, Contact us at or sonali@mediationhub.in

11 How does MCN membership help corporations? MCN is continually and successfuly defining the field of ADR by collaborating with Corporate Counsel and their law firms to find ways of mitigating the risks, costs and delays associated with litigation. In collaboration with MCN, companies create or define the dispute resolution mechanism for resolving complex commercial disputes of all kinds. Companies adopt the stepped dispute resolution process in commercial agreements and base much of their ADR tools on MCN s resources. Companies have successfully explored the standing neutral concept of MCN in commercial and project agreements. MCN is a invaluable business partner providing creative, practical and actionable measures to transform how we approach and manage disputes. MCN - Acts as an appointing authority for parties in need of the most seasoned neutrals specializing in high-end commercial disputes. Helps discover new and better ways to improve private dispute resolution for the business and to change the way the legal profession approaches conflict resolution. Provides invaluable tools and information on effectively resolving potential disputes and managing the costs and time associated with pending litigation. Make recommendations in the Litigation Management Process with regard early evaluation of the disputes and whenever possible, early resolution. Provides Administrative and Management function including Mediation and Arbitration rules and processes for self-administered ADR processes and helps in customizing the resolution process to suit a particular complex business dispute.

12 About MCN An independent non-profit organization that helps global businesses and their counsel prevent and resolve commercial disputes more effectively. The Mediation and Conciliation Network (MCN) is the only independent non-profit organization offering the most cutting edge dispute resolution services and resources - helping businesses and their lawyers resolve commercial disputes more cost effectively and efficiently. MCN serves as an independent, objective resource for the avoidance, management, and resolution of complex business-related disputes. No other organization has equal influence, range of intellectual property, or breadth of programs focused exclusively on commercial conflict management. A top destination for lawyers seeking superior arbitrators and mediators, as well as cutting-edge ADR tools and resources. MCN s members comprise an elite group of ADR professionals, including executives and legal counsel from the most successful global companies, partners from global law firms, government officials, retired judges, highly-experienced neutrals, and leading academics.

13 mediationhub.org Initiative of: Lawrel Winners Advisory Advocacy and Law Network Pvt. Ltd. (A Not-for Profit Company) W-122, Second Floor, Greater Kailash-2, New Delhi INDIA

CAN ADR ASSIST THE BOARD?

CAN ADR ASSIST THE BOARD? REPRINTED FROM: CORPORATE DISPUTES MAGAZINE APR-JUN 2016 ISSUE corporate CDdisputes Visit the website to request a free copy of the full e-magazine Published by Financier Worldwide