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THE FIRST INDEPENDENT MEDIATION-ARBITRATION INTEGRATED SERVICE IN ROMANIA

“YOUR JUSTICE FOR YOUR BUSINESS”

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Arbitration is not incompatible with mediation. On the contrary, it is complementary to it. Thus, so long as the parties consider they could reach an amicable solution, they may resort to mediation, given its benefits, such as the informal character and the fact that the solution is the very creation of parties, the fruit of their desires. But if one party refuses to participate in mediation, or mediation fails, the existence of an arbitration clause ensures that you will not enter the cumbersome procedure of a normal court trial.

44This option ensures that, in any circumstances, your dispute will be resolved. To benefit from this full and effective version, you can propose the insertion of a MED-ARB clause:

Any dispute arising from, or related to, this Agreement (including any dispute concerning its conclusion, execution or termination) shall be resolved by mediation. Should mediation fail, the dispute shall be settled by the STARS Arbitration Court in accordance with the Rules of Arbitration of the STARS Arbitration Court in place, published on www.starseu.eu.”

The best part is that the insertion of the MED-ARB clause does not cost anything! Moreover, if all goes well you may not even need it. All it does is to assure you that, if things go wrong, a competent institution, with adequate human and legal resources, will promptly and fairly resolve the dispute.

55But keep in mind: MED-ARB clause is the keystone of the whole system.

President of the STARS Arbitration Court

Ioan-Luca Vlad

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