Existing theory Sample Clauses

Existing theory. 2.1.1 Definition While in certain settings (such as domestic or legal disputes) it is customary for mediation to be conducted by a single trustworthy ac- tor with a necessary degree of authority, international conflicts usually draw into the mediation process all sorts of outside actors, that are “just as numerous and frequently as diverse in their interests as the warring parties themselves” (Hampson and Zartman 2012, 1). By noticing this significant difference, several scholars and practitioners of conflict re- solution have underlined that today the multiplication of mediators is less a matter of choice and more a fact of life (Xxxxxxx et al 1999; Sisk 2009). The popularity of mediation as a conflict management activity and recent proliferation of potential mediators shifted the interest of academia to analyze the process and dynamics of multiparty mediati- on (Xxxxxxx et al 1999, Xxxxxxx et al 2001, Diehl and Xxxxxxx 2003, Xxxxxxxxx 2007, Xxxxxxx 2011, Xxxxxxx and Xxxxxxx 2012). In their analysis, Xxxxxxx and Xxxxx (2006) find that the more the mediation effort is multilateral the greater the chance of a negotiated settlement (pg. 403), as “coalitions serve as a good example of how states utilize their power in an ad hoc but multilateral manner. Coalitions pro- vide states the opportunity to act outside of formal multilateral settings but with some of the benefits of multilateralism such as legitimacy and pooling of resources” (2006, 391). It is very simplistic to assume that coalitions are formed only by sta- tes. In the contemporary international society, which is increasingly be- coming multilateral, ad hoc coalitions are continuously changing shape. The archetypical ad hoc coalitions of states are now complemented by participation of other multilateral bodies. In fact “multiparty mediation refers to attempts by many third parties to assist peace negotiations in any given conflict … it may be undertaken by international or regional organizations, national governments and non-governmental organiza- tions” (Crocker et al. 1999, 230). These attempts may occur sequenti- ally – one institution at a time – over the life of the conflict, or may occur simultaneously involving many different mediators with various institutional bases on the ground at the same time. In fact, the concept refers to simultaneous interventions by more than one mediator in a conflict, interventions by composite actors such as contact groups as well as sequential mediated intervent...
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Related to Existing theory

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  • NO LIABILITY FOR CONSEQUENTIAL DAMAGES In no event shall either Party be liable to the other Party for, and no arbitral panel is authorized to award, any punitive, special, indirect or consequential damages of any kind or character resulting from or arising out of this Agreement, including, without limitation, loss of profits or business interruptions, however they may be caused.

  • Waiver of Consequential Damages, Etc To the fullest extent permitted by applicable law, the Borrower shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby other than for direct or actual damages resulting from the gross negligence or willful misconduct of such Indemnitee as determined by a final and nonappealable judgment of a court of competent jurisdiction.

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  • Disclaimer of Consequential Damages Notwithstanding any provision to the contrary, in no event shall any Party be liable to another Party for any incidental, consequential, special, exemplary or indirect damages, lost business profits or lost data arising out of or in any way related to the Contract Documents.

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