Part III Practice and Procedure, 16 The Amicable Resolution of International Mining Disputes

Abstract

For many executives and other participants in the mining industry, litigation or arbitration is an avenue of last resort; the resolution of disputes is a priority. This chapter focuses on the informal resolution of international or domestic disputes, often referred to as alternative dispute resolution (ADR). The various forms of ADR differ from international arbitration in that they provide for a non-binding means to assist the parties in attempting to reach an amicable consensual resolution of the dispute. While mediation and conciliation are the most widely used form of non-arbitration ADR, parties also use other forms of ADR such as expert determinations, mini-trials, and neutral evaluations. One of the incentives for parties to amicably resolve an intentional mining dispute is that it gives them the opportunity to restore or improve the original bargain. The final section of the chapter discusses the timing and procedural steps of ADR.