Conciliation is a dispute resolution process where a neutral third party, known as the conciliator, actively assists the disputing parties by facilitating communication and proposing solutions to help them reach a mutually acceptable agreement.

Conciliation is a flexible and voluntary alternative dispute resolution (ADR) method that emphasizes the role of a neutral third party, the conciliator, in helping disputing parties resolve their differences. Unlike mediation, where the mediator primarily facilitates discussions without offering opinions, a conciliator takes a more active role by suggesting potential solutions and guiding the parties toward a settlement. The process is non-binding unless the parties agree to formalize the outcome in a written agreement, making it a collaborative and low-pressure approach to resolving disputes.

Conciliation is particularly effective in disputes where the parties may have unequal bargaining power or where communication has broken down. It is widely used in labor disputes, consumer conflicts, and international disputes, as well as in situations where maintaining a working relationship is important. The conciliator's role is to ensure that the process is fair and balanced, helping the parties clarify their positions, identify key issues, and explore options for resolution. While the conciliator may offer recommendations, the final decision-making power remains with the parties.

One of the main advantages of conciliation is its efficiency. The process is typically faster and less expensive than litigation, and it allows for flexible scheduling and procedures tailored to the needs of the parties. Additionally, conciliation is confidential, encouraging open and honest communication without fear of public disclosure. The conciliator's expertise in the subject matter of the dispute can also provide valuable insights and creative solutions that the parties may not have considered.

However, conciliation requires the willingness of both parties to participate in good faith and to consider the conciliator's recommendations seriously. Even if a settlement is not reached, conciliation often helps narrow the issues and improve communication, paving the way for other resolution methods. It is a practical and constructive approach to resolving disputes while preserving relationships and fostering mutual understanding.

Neutral Evaluation is a dispute resolution technique - at mid-point between mediation and binding adjudication - that can stand on its own or be integrated with other dispute resolution processes such as mediation.

Neutral Evaluation is a process in which the parties or their counsel present their cases to a neutral third party (usually an experienced and respected lawyer with expertise in the substantive area of the dispute) who renders a non-binding reasoned evaluation on the merit of the case. This process combines features of both a decision-making and a non-decision-making process. During the process, the neutral may be invited to serve as mediator or facilitator.The overriding purpose of Neutral Evaluation is to make litigation less expensive for parties by reducing pre-trial costs and enhancing pre-trial practice. Neutral Evaluation attempts to avoid some of the pitfalls of litigation, such as the failure of lawyers and clients to assess their cases early, the uncommunicative pleadings and unnecessary or unfocused discovery, which lead to unnecessary costs and delays. While Neutral Evaluation may include settlement discussions, its broader purpose is to contribute to both the case development and the settlement process.

Neutral Evaluation was originally conceived as a case management tool. It was designed to provide the parties with an early, efficient and meaningful opportunity to communicate about their dispute; to move them and counsel to meet early to clarify issues and identify areas of agreement; and to assess realistically the relative strengths and weaknesses of their positions, thus encouraging, early settlements.

Neutral Evaluation may be initiated at any time in the life of the dispute although an assessment of the case early in the process is often preferable. In principle, when it is court-annexed, Neutral Evaluation does not begin until a lawsuit is filed, while in a private context, it may be triggered as soon as a deadlock arises in connection with the dispute. At that stage, if the applicable agreement provides it, the parties may start the Neutral Evaluation process. Even if Neutral Evaluation was not specifically provided for in an agreement, the parties may still be able to agree to commence the process.

The central feature of Neutral Evaluation involves an informal, confidential, impartial and brief evaluation session of a dispute that may take place at any time, but preferably as early in the dispute as possible. The evaluation session is divided into four major segments: case presentations, focusing, assessment/valuation, and settlement exploration, all of which are detailed further in the following pages.

Expert determination is a procedure in which a dispute or a difference between the parties is submitted, by agreement of the parties, to one [or more] experts who make a determination on the matter referred to it [them]. The determination is binding, unless the parties agreed otherwise.

Notable features of expert determination are:
Expert determination is consensual: Expert determination under the WIPO Expert Determination Rules can only take place if both parties have agreed to it. In the case of future disputes/differences arising under a contract, the parties insert an expert determination clause in the relevant contract. An existing dispute/difference can be referred to expert determination by means of a submission agreement between the parties. In contrast to mediation, a party cannot unilaterally withdraw from expert determination.

The parties choose the expert(s) with relevant expertise: Under the WIPO Rules, the parties can select an expert together. If the parties have not agreed on the person of the expert or on a different procedure for appointing the expert, the expert will be appointed by the Center after consultation with the parties. The Center has access to experts with specialized knowledge relevant to intellectual property issues in a broad range of technical and business areas. This allows the Center to propose and appoint the appropriate experts for the matter referred to.

Expert determination is neutral and flexible: In addition to their selection of an expert with appropriate qualifications, the parties are able to choose such important elements as the language of the expert determination or the place of any meeting.

Expert determination is a confidential procedure: Subject to specifically defined exceptions, the WIPO Rules specifically protect the confidentiality of the existence of the expert determination, any disclosures made during that procedure, and the resulting determination.

The determination of an expert is binding, unless the parties agree otherwise: In principle, the determination of an expert is binding and as such it has contractual effect between the parties. Alternatively, by party agreement, the determination may have effect as a recommendation to the parties.

Expert determination is a flexible procedure: Expert determination can operate on a more informal and expeditious manner than broader processes such as arbitration. Expert determination may be used on a stand-alone basis or in connection with an arbitration, mediation or court case.

A mini trial is a structured dispute resolution process where each party presents a summarized version of their case to senior decision-makers and a neutral advisor, aiming to facilitate settlement through informed negotiations.

The mini-trial uses elements of negotiation, mediation and adjudication to facilitate settlement. Parties or their representatives are exposed in the non-binding mini-trial to the theories, strengths and weaknesses of each side of the controversy. The goal of the mini-trial is to facilitate settlement negotiations between top officials of the parties.

The procedure for a mini-trial is usually negotiated in each case. The typical mini-trial involves a stay of court proceedings and limited discovery. At the mini-trial, the lawyers present their abbreviated version of the case to the panel members. The party officials then conduct settlement negotiations facilitated by the neutral panel member. The neutral member may be asked to present a written opinion stating the strengths and weaknesses of each party's position.

The mini-trial was developed to encourage the settlement of business disputes. It is especially useful in large and complex cases where negotiations are stalled, and, tike the summary jury trial, the parties need to see for themselves the strengths and weaknesses of their cases in order to reopen negotiations. Cases that would take months or years of litigation can take place in a few days in a mini-trial. The process is much less expensive than litigation and provides confidentiality not found in a trial. The parties are free to be practical and creative in their settlements, unlike traditional resolution of issues by the court. The use of the mini-trial may save a business relationship between parties that might otherwise be destroyed by bitter litigation.

The risks of using mini-trials are the possible disclosure of trial strategies and the added expense and delay if a trial is ultimately needed.

The mini-trial can be an efficient and cost-effective method of resolving complex litigation and should be considered when an impasse to negotiations has occurred, but the parties are still interested in settlement of their dispute.

随着商业活动的日益复杂和国际化，临时仲裁作为一种灵活、高效的争议解决方式受到越来越多的关注。新《仲裁法颁布后》，临时仲裁制度在中国得以初步建立。因此，为培养专业、高素质的临时仲裁员队伍，提升仲裁实践水平，举办临时仲裁员培训。
通过系统培训，使学员深入理解临时仲裁的理论基础、规则流程，掌握仲裁技巧，熟悉国际仲裁惯例，具备独立、公正、高效处理临时仲裁案件的能力，为参与国际国内临时仲裁实践奠定坚实基础。
培训的对象包括法律专业人士、企业法务人员以及其他有志于从事临时仲裁工作的专业人士。

为助力广大企业法务、律师及各界人士深入了解临时仲裁，本机构特推出临时仲裁系列讲座，作为我们特色服务内容之一。
该系列讲座将全面剖析临时仲裁，从基础概念讲起，明晰其与机构仲裁的差异及独特优势，如高度自主性、程序灵活性与成本效益等，并通过丰富案例，展现临时仲裁在各类商事纠纷中的广泛应用，从国际贸易到国内复杂商业冲突，凸显其实践价值。
讲座将深入解读临时仲裁的法律支撑，涵盖国内法规与国际公约，明确其适用条件及执行保障，确保大家知晓如何合法合规运用临时仲裁。同时，详细梳理仲裁流程，包括仲裁协议签订、仲裁庭组建、裁决执行等环节，以通俗易懂方式呈现，让大家全方位掌握临时仲裁。
本系列讲座，不仅仅是知识的分享，更是我们机构为行业发展贡献力量的承诺。每一场讲座都精心筹备，旨在为不同需求的听众提供实用、精准的指导，助力客户在商海中稳健前行，有效化解纠纷，把握商业机遇。

临时仲裁是一种灵活、高效的争议解决机制，适用于国际商事、建筑工程、海事等领域的复杂纠纷。为满足客户在临时仲裁中的需求，我们提供全面的咨询服务，涵盖仲裁协议起草与审查、仲裁员推荐与选定、程序设计与管理、争议解决策略咨询、临时措施申请支持以及裁决执行支持等内容。我们的专业团队由资深律师、仲裁员及争议解决专家组成，熟悉国内外仲裁规则和实践，能够为客户量身定制解决方案。

我们协助客户起草或审查具有法律效力的仲裁条款，确保争议发生时能够顺利启动仲裁程序；根据案件性质推荐合适的仲裁员，并协助完成选定程序；设计灵活、公正的仲裁程序，包括仲裁地点、语言及证据规则等，确保程序的高效性与公平性；提供专业的争议解决策略建议，帮助客户评估风险并制定最优方案；在仲裁庭组成前协助申请紧急仲裁员程序或其他临时措施，以保护客户合法权益；在裁决作出后，协助完成裁决的承认与执行，确保裁决最终落地。我们的服务优势在于拥有丰富的临时仲裁实务经验、国际化视野以及定制化的解决方案，能够帮助客户节约时间与成本，同时在争议解决中掌握主动权。无论是未事先约定常设仲裁机构的案件，还是需要灵活选择仲裁规则的跨境争议，我们都能为客户提供专业支持，确保其合法权益得到最大化保护。