Bringing Mediation to Russia - Voluntary, Mandatory and Court Encouraged Mediation Schemes - What Works? What Doesn't?
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Shapiro (†), David I.
Article from: TDM 1 (2009), in Investor-State Disputes - International Investment Law
Introduction
Notwithstanding the court's duty to encourage mediated settlements, it has no power to "stay"
a case for purposes of mediation (Chapter 16) except at the request of both parties (Article 158
(2)). All the Arbitration Code does is give courts the power to encourage voluntary mediation
(mediation agreed to by all the parties), a process which has failed in every country it has been
tried. The reason, of course, is lawyer resistance.
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Suggested Citation
D.I. Shapiro (†); "Bringing Mediation to Russia - Voluntary, Mandatory and Court Encouraged Mediation Schemes - What Works? What Doesn't?"
TDM 1 (2009), www.transnational-dispute-management.com
URL: www.transnational-dispute-management.com/article.asp?key=1419
