Updated Rules Further Tailored to Address Global Aviation Industry-Specific Contractual Dispute Resolution.
The Hague CAA has responded to market needs by enhancing its user-centered mediation rules to, among other things, enhance efficiency by emphasizing time-sensitive procedures and proportionality, incorporate provisions for technical expertise to address industry-specific complexities, enhance confidentiality, address the use of AI in the mediation process (focusing on transparency and confidentiality) and underscore the importance of collaboration and active engagement by all parties to ensure swift and informed resolutions. In what is believed to be a first for any institutional mediation rules, The Hague CAA rules now also emphasize the benefits of diversity in mediation appointments, and further advocate for mindfulness of the environmental impact of mediation proceedings especially in-person, demonstrating a forward-thinking approach to inclusivity and sustainability.
"Through extensive consultation with industry and other leading international mediation bodies, we believe we have developed a flexible framework that supports the varied types of disputes that can arise in aviation while not compromising usability across jurisdictions as the aviation industry is often a cross-border business," said Paul Ng, Co-Chair of The Hague CAA's Mediation Standing Committee.
"The updated mediation rules embody a bold step forward, aligning process efficiency with industry-specific nuances while embracing innovation like AI, ensuring transparency and confidentiality, "said Mary Walker OAM, member of The Hague CAA's Mediation Standing Committee. "This is a pivotal advancement for tailored, effective dispute resolution in aviation."
"This timely update comes as we witness a significant increase in the reported adoption of The Hague CAA's mediation model clause in a vast array of aviation industry contracts, particularly over the past year," said Gerard Meijer, President of Netherlands Arbitration Institute and member of The Hague CAA Board of Directors. "This increasing traction underscores the utility and potential of mediation as an integral part of the dispute resolution landscape, complementing arbitration by offering a collaborative, cost-effective, and flexible path to resolution."
"I have long believed that there is a place for mediation in any aviation industry contractual dispute where rationality still remains, relationships and reputations still matter, and bandwidth and resources are still finite" said Paul P. Jebely, Founder and current Chairperson of The Hague CAA. "We are on a decades-long mission at The Hague CAA, and so this is about more than an update to our mediation rules - it is about fostering an environment where mediation becomes a cornerstone of contractual dispute resolution for the aviation industry in the modern era. Here we are once again leading the way in helping industry participants around the world better navigate the inevitable contractual conflicts that that arise. And that is where we will remain. This mediation rules update is part of a broader vision and so, just as we did and do with arbitration, we will continue to evolve and adapt our mediation offering as part of our mission in the service of the vast global aviation industry."
The Hague CAA's updated Mediation Rules are effective 26 November 2024 and are available on the Hague CAA's website.
The Hague CAA Secretariat
The Hague Court of Arbitration for Aviation
secretariat@haguecaa.org
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