The traditional autumn conference of the German Institution of Arbitration (DIS) this year is devoted to the discussion of ADR procedures and methods, which a focus on the ADR Services that DIS itself offers. We have reported on DIS suite of ADR rules and regulations in early 2012 when they were released in English. One element stands out in this suite of rules, namely the Conflict Management Rules (Konfliktmanagementordnung; DIS-KMO). These rules are ”meta conflict rules”, so to speak: They are designed to assist parties in identifying the dispute resolution mechanism most suited to their needs after the conflict has arisen. Under this umbrella, DIS offers
- Conciliation Rules (DIS Schlichtungsordnung; DIS SchlO)
- Mediation Rules (DIS Mediationsordnung; DIS-MedO)
- Adjudication Rules (DIS Verfahrensordnung für Adjudikation; DIS-AVO)
- Rules on Expertise (DIS Gutachtensordnung; DIS-GO)
- Rules on Expert Determination (DIS Schiedsgutachtenordnung; DIS-SchGO)
The new additions to this set of ADR rules were first introduced in May and July 2010. It is about time to take stock how they have been recieved so far, and what practical experience there is. The panels at the Berlin conference will be packed with in-house counsel, with the likes of Alstom, Deutsche Bahn, Deutsche Telekom, Hochtief, Shell and Siemens being represented, so the user perspective will inform the discussion quite heavily.
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