Disputes in the Time of Corona: ADR as a Fast and Flexible Way Forward

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SARS-CoV-2_49534865371The disruption to business caused by the corona virus will inevitably leads to disputes. Examples that come to mind are the late supply or the failure to deliver critical supplies in an international supply chain, and the allocation of unforeseen risks and costs. Other questions might concern material adverse change (MAC) or force majeure provisions  and insurance coverage for Corona-related issues. In most cases, going to court is not really an option, given the urgency involved in finding a solution.  Continue reading

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State Mandatory Mediation Act to be Binned?

The jury is still out on the Mediation Act, a Federal statute, with the Mediation Committee (Vermittlungsausschuss) trying to reconcile the approaches of the Upper and the Lower House (Bundesrat und Bundestag) to court-integrated mediation.In the meantime, an initiative has been started in Baden-Württemberg to bin the state Mandatory Mediation Act (Gesetz zur obligatorischen außergerichtlichen Streitschlichtung –
Schlichtungsgesetz). Continue reading

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