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ADR Protocols
These Guidelines set out the types of issues as to which early disposition may be appropriate and suggest ways they may be addressed and responded to – always providing that early disposition will result
in overall efficiencies.
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New York, NY, December 15, 2011 – The International Institute for Conflict Prevention & Resolution (CPR Institute), a nonprofit alliance of ...
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The Metropolitan Corporate Counsel (MCC)
SPECIAL SECTION ADR
August 2011
by Kathy Bryan
The Editor interviews Kathy Bryan, President and CEO, ...
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Posted in: Advocacy in ADR, Arbitration, Banking & Financial Services, Construction, Corporate Protocol, Discovery, Diversity, e-Discovery, Employment, Franchise, International, Mass Claims, Mediation, Patent/Trademark, Product Liability, CPR in the News, Commercial ADR Tools, Early Case Assessment, ADR Policy, ADR Procedures, ADR Protocols
The Protocol on Determination of Damages in Arbitration has as its purpose providing guidance to arbitrators, counsel and their clients concerning the efficient and fair development and presentation of damages evidence in arbitration proceedings.
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The CPR Protocol addresses concerns often expressed by users of arbitration, that there is, particularly in disputes involving parties of different nations, a lack of predictability in the ways in which the arbitration proceedings are conducted and that arbitration is becoming increasingly more complex, costly and time-consuming. The Protocol addresses these concerns by providing guidance in the form of recommendations as to practices that arbitrators may follow in administering proceedings before them, including proceedings conducted under the CPR Rules or under other ad hoc or institutional rules. The practices recommended deal with ways in which reasonable limitations may be placed on disclosure and efficiencies gained in the presentation of witness testimony in arbitration hearings.
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Under the guidance of the CPR ADR Suitability Committee, the 2001 revision and expansion of the ADR Suitability Screen into the ADR Suitability Guide incorporates new knowledge in a practice relevant, state-of-the-art manner.
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In April 2005, a meeting was held at the offices of QBE International, Limited, in London, attended by several prominent insurance companies. The group sought areas in which inter-company disputes were most costly and most ripe for reform and cooperation. They settled upon disputes between re-insurers and ceding companies, and in the ensuing months worked with CPR to devise a set of “best practices” that would be applicable throughout Europe (and indeed around the world) and that would address the most common sources of waste and inefficiency.
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