Mediation in the Travel Industry: Winning All Your Disputes

1. Mediation in the Travel Industry“Wining All Your Disputes” Blazo Nedic Mediator, Attorney-at-Law, ADR Partners Serbia blazo.nedic@adrpartners.rs

3. Commercial Disputes • Customers/Clients • Late payments • Contractors • Vendors • Contractual Disputes/Clauses • Compensations & Damages • Workplace • Employees • Managers • Harassment (Mobbing) • Discrimination

4. Disputes in the Travel Industry • Passenger vs. Airline (EU 261) • Passenger vs. Travel Agency • Travel Agency vs. Airline • Airports • Accommodation providers • Medical Travel Faciliators (MTF) • Workplace disputes

5. Travel Industry ADR Schemes • CEDR – British Airways, Easyjet, Thomas Cook, Thomson/TUI • The Retail Ombudsman/Aviation ADR – Air Astana, Asiana Airlines, Air Canada (and Air Canada Rouge), Egypt Air, Flybe, Ryanair, Skyworks Airlines AG, South African Airways, TAP Portugal, Turkish Airlines and Wizz Air • Söp – Eurowings, Germania, Germanwings, Lufthansa and Swiss

6. “AviationADR” • Independent CAA authorised ADR provider • Resolution of unresolved disputes • Passenger vs. Airline • Up to 25,000

7. Abraham Lincoln “Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses, and waste of time.”

8. 1976 “POUND” CONFERENCE Prof. Frank A.E. Sander

9. Agony of the Court Proceedings • Uncertainty about • Duration • Costs • Outcome • Appeal • Enforcement • Broken relationship • No control over the process

10. ”One size (adjudication) does not fit all”

11. ABA on Dispute Resolution • Arbitration • (Early) Case Evaluation • Collaborative Law • Cooperative Practice • Divorce Coaching • Early Neutral Evaluation • Facilitation • Family Group Conference • Litigation • Mini-Trial • Multi-Door Program • Mediation • Negotiation • Neutral Fact-Finding • Ombuds • Parenting Coordinator • Pro Tem Trial • Private Judging • Settlement Conferences • Special Master • Summary Jury Trial • Unbundled Legal Services

13. “Quiet Revolution” Thomas J. Stipanowich (Pepperdine) & J. Ryan Lamare (Cornel) ADR research of Fortune 1000 companies

14. Early Case Evaluation Settle Defend/Litigate Reject Accept

15. Construction Industry Dispute Resolution System Design Negotiation Standing mediator Dispute Board Mediation Arbitration LITIGATION

16. Internal Justice System Informal Services RWA Program Staff Rule 9.02 Mediation Staff Rule 9.01 Ombudsman Staff Rule 9.02 Formal Services Peer Review Staff Rule 9.03 AR/PMR Staff Rule 9.06 Tribunal Staff Rule 9.05 Ethics Staff Rule 3.00 Integrity Staff Rule 8.01 November 2011

17. Conflict Management

18. What is Mediation ?

19. Mediation is a dynamic, structured, interactive process where a neutral third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. (Wikipedia)

20. Mediation is a private, voluntary process where a neutral third person called a mediator helps the parties discuss and try to resolve the dispute. The mediator does not have the power to make a decision for the parties, but can help the parties find a resolution that is mutually acceptable. The only people who can resolve the dispute in mediation are the parties themselves. (ABA)

21. Mediation is a facilitative process designed to arrive at a mutually acceptable outcome, rather then the legally correct result. (unknown judge)

22. Right vs. Happy

23. Thank you ! blazo.nedic@adrpartners.rs