Difference between revisions of "Mediation for NGOs"
From NGO Handbook
(NGOs are increasingly turning to alternative dispute resolution (ADR) mechanisms to resolve disputes rather than litigation before courts.) |
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NGOs play a critical role in society and strive to allocate their resources in effective ways in order to achieve the greatest impact. Despite their best efforts to accomplish their missions, disputes can and do arise in their activities. Litigation can be costly and few NGOs have sufficient resources to use that route. NGOs are thus increasingly turning to alternative dispute resolution (ADR) mechanisms to resolve disputes rather than litigation before courts. | NGOs play a critical role in society and strive to allocate their resources in effective ways in order to achieve the greatest impact. Despite their best efforts to accomplish their missions, disputes can and do arise in their activities. Litigation can be costly and few NGOs have sufficient resources to use that route. NGOs are thus increasingly turning to alternative dispute resolution (ADR) mechanisms to resolve disputes rather than litigation before courts. | ||
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| − | + | ==Alternative Dispute Resolution== | |
ADR refers to mechanisms such as mediation and arbitration that allow parties to solve their disputes outside of court in a private forum, with the assistance of a qualified neutral intermediary of their choice. Mediation and arbitration differ in terms of procedural formality, party control and finality, and each option offers benefits uniquely appropriate to specific circumstances. Mediation, in particular, has significant potential to resolve disputes involving NGOs. | ADR refers to mechanisms such as mediation and arbitration that allow parties to solve their disputes outside of court in a private forum, with the assistance of a qualified neutral intermediary of their choice. Mediation and arbitration differ in terms of procedural formality, party control and finality, and each option offers benefits uniquely appropriate to specific circumstances. Mediation, in particular, has significant potential to resolve disputes involving NGOs. | ||
| − | + | ==Advantages of Mediation== | |
Mediation is a non-binding, informal process whereby a mediator assists the parties to settle their dispute. The mediator does this by furthering dialogue between the parties and helping them identify their underlying interests and reach mutually satisfactory solutions. Any settlement is recorded in an enforceable contract. | Mediation is a non-binding, informal process whereby a mediator assists the parties to settle their dispute. The mediator does this by furthering dialogue between the parties and helping them identify their underlying interests and reach mutually satisfactory solutions. Any settlement is recorded in an enforceable contract. | ||
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Because mediation is non-binding and confidential, it involves minimal risk for the parties and generates significant benefits. In the World Intellectual Property Organization Arbitration and Mediation Center (WIPO Center)’s experience, most mediations—around 75% of them—settle, allowing the parties to move on from their dispute. Even when a settlement is not achieved, one could say that mediation never fails, as the process of it induces the parties to define the facts and issues of the dispute, which prepares the ground for any subsequent arbitration or court proceedings. | Because mediation is non-binding and confidential, it involves minimal risk for the parties and generates significant benefits. In the World Intellectual Property Organization Arbitration and Mediation Center (WIPO Center)’s experience, most mediations—around 75% of them—settle, allowing the parties to move on from their dispute. Even when a settlement is not achieved, one could say that mediation never fails, as the process of it induces the parties to define the facts and issues of the dispute, which prepares the ground for any subsequent arbitration or court proceedings. | ||
| − | + | ==WIPO Center: A Mediation Resource== | |
The [https://www.wipo.int/amc/en/center/index.html <u>WIPO</u> <u>Center</u>], a part of WIPO, a specialized United Nations agency, is a resource that can provide valuable support and assistance to NGOs in resolving disputes, particularly intellectual property (IP), technology and commercial-related ones, through ADR procedures. | The [https://www.wipo.int/amc/en/center/index.html <u>WIPO</u> <u>Center</u>], a part of WIPO, a specialized United Nations agency, is a resource that can provide valuable support and assistance to NGOs in resolving disputes, particularly intellectual property (IP), technology and commercial-related ones, through ADR procedures. | ||
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Finally, the WIPO Center applies a 25% reduction on its [https://www.wipo.int/amc/en/calculator/adr.jsp <u>administration</u> <u>and</u> <u>registration</u> <u>fees</u>] in mediation and arbitration cases where one or both parties is a user of certain WIPO services or a small-to-medium enterprise, defined as an organization with up to 250 employees. | Finally, the WIPO Center applies a 25% reduction on its [https://www.wipo.int/amc/en/calculator/adr.jsp <u>administration</u> <u>and</u> <u>registration</u> <u>fees</u>] in mediation and arbitration cases where one or both parties is a user of certain WIPO services or a small-to-medium enterprise, defined as an organization with up to 250 employees. | ||
| − | + | ==WIPO Mediation Cases Involving NGOs== | |
The WIPO Center has administered [https://www.wipo.int/amc/en/center/caseload.html <u>more</u> <u>than</u> <u>1,000</u> <u>mediation,</u> <u>arbitration,</u> <u>expedited</u> <u>arbitration</u> <u>and</u> <u>expert</u> <u>determination</u> <u>cases</u>], most of which were managed in the last five years. Since 2020, the WIPO Center has seen an increase in the use of its services by NGOs, especially mediation, suggesting that NGOs are becoming more aware of the benefits of mediation. | The WIPO Center has administered [https://www.wipo.int/amc/en/center/caseload.html <u>more</u> <u>than</u> <u>1,000</u> <u>mediation,</u> <u>arbitration,</u> <u>expedited</u> <u>arbitration</u> <u>and</u> <u>expert</u> <u>determination</u> <u>cases</u>], most of which were managed in the last five years. Since 2020, the WIPO Center has seen an increase in the use of its services by NGOs, especially mediation, suggesting that NGOs are becoming more aware of the benefits of mediation. | ||
The cases involving NGOs have concerned disputes between parties that are in both a contract and not in a contract, and have been both national and international in nature. The most frequent types of disputes are those related to trademarks and information technology (IT). In one case, two NGOs requested the assistance of a mediator not to resolve a specific dispute, but to help them negotiate new objectives and terms of collaboration in the context of a long-term partnership agreement. This example illustrates the potential of mediation not only as a dispute resolution mechanism, but also as a mechanism facilitating contractual negotiations. | The cases involving NGOs have concerned disputes between parties that are in both a contract and not in a contract, and have been both national and international in nature. The most frequent types of disputes are those related to trademarks and information technology (IT). In one case, two NGOs requested the assistance of a mediator not to resolve a specific dispute, but to help them negotiate new objectives and terms of collaboration in the context of a long-term partnership agreement. This example illustrates the potential of mediation not only as a dispute resolution mechanism, but also as a mechanism facilitating contractual negotiations. | ||
Latest revision as of 03:46, 19 December 2022
This article was prepared by Justine Ferland, legal case manager at the WIPO Arbitration and Mediation Center.
NGOs play a critical role in society and strive to allocate their resources in effective ways in order to achieve the greatest impact. Despite their best efforts to accomplish their missions, disputes can and do arise in their activities. Litigation can be costly and few NGOs have sufficient resources to use that route. NGOs are thus increasingly turning to alternative dispute resolution (ADR) mechanisms to resolve disputes rather than litigation before courts.
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