Mediation and arbitration
At just 36 years of age, Ms. MARTINET-LONGEANIE was appointed Arbitrator with the French committee of the International Court of Arbitration.
Becoming a judge instead of defending a particular interest is no small matter, but having the satisfaction of handing down a decision that in principle is not subject to appeal is extremely rewarding for a lawyer.
Likewise, you can have a counsel at your side to assist you in the arbitration as provided for in your general terms and conditions of sale.
The advantages of arbitration are clear:
- confidentiality of the proceedings and the decision,
- speed of the decision,
- the absence of any appeal, even if some object to its cost, since both parties have to cover the arbitrators’ remuneration and the Court’s administrative and secretarial costs.
However, to benefit from these advantages, you must include a clause in your general terms and conditions of sale stating that the parties undertake to settle their disputes through arbitration.
You can (even) choose (i) the law and (ii) the place where the arbitration will be held.
Your choices should be guided by the need for speed and confidentiality.
Arbitration, which is often technical, is not a matter for improvisation.
Ms. MARTINET-LONGEANIE was inducted into the International Court of Mediation and Arbitration as mediator-judge on 28 November 2019.
Disputes are, of course, generally settled through litigation, but court rulings can take time to be handed down: a judgment is obtained in an average of one year… and is public.
Whereas in mediation or arbitration, you participate in the decision-making process, the decision is made more quickly - six months on average - it is confidential and, moreover, can be reviewed before the state courts.
The International Court of Mediation and Arbitration provides you with an alternative procedure to an out-of-court settlement of national and international commercial and industrial disputes: Mediarbitration©.
It is a unique procedure allowing the parties in dispute to draft the award in their part of the Mediation ruling.
Mediation is a flexible method of settling commercial and industrial disputes.
The dispute is handled by one or more mediator-judges chosen by the companies themselves, instead of a state court.
The choice of location and/or country is essential for complete confidentiality.
It is up to both parties to agree on these two points in advance.
In the event of a disagreement between the parties as to the place and/or country: the Court will then choose a neutral place to ensure the smooth running of proceedings.
In all cases, Mediarbitration© is a new procedure that guarantees a final and binding resolution of the dispute which is not subject to appeal.
It is aimed at entrepreneurs, business leaders and economic decision-makers with the best interests of humanity at heart.
Commercial mediation is increasingly popular, mitigating the inadequacies of a justice system that is not always fair, and which gives the law superiority over wisdom and equity.
A careful analysis of court documents in ancient Egypt shows that Egyptian law was based on two fundamental aspects which constitute the very heart of modern mediation.
Explorers who witnessed this period brought a great deal of information back from Ancient Egypt about the organisation of a well-developed (para)judicial system.
And it is only today that the history of mediation is being written.
The role played by village chiefs in Africa testifies to the very existence of a mediation technique and know-how that allows conflicts to be swiftly resolved through amicable solutions.
If the first central government in the history of Humanity was established around the year 3200 B.C. (...), the past teaches us the future.
What is the mediator's place in the new world?
Will AI be able to replace human decisions?
The mobility of the new generation of willing entrepreneurs is greatly expanding the practice of mediation, arbitration and Mediarbitration©.