Part 1 of this post touched on rumblings for more transparency in arbitration. But there is more than the distant sound of thunder, and it’s coming closer.
As arbitration and mediation are both highly competitive and fragmented fields, it is hard for providers to act collectively. Yet they must. The only forums where arbitration organizations come together at an international level conferences of the ABA Section of Dispute Resolution, the Institute for Transnational Arbitration (ITA) and the International Council for Commercial Arbitration (ICCA). Mediation providers have the annual UIA World Forum of Mediation Centers. Industry change to address user demand rarely gets discussed at [...]
On 25th and 26th June, the ICC and FIDIC (International Federation of Consulting Engineers: http://fidic.org/) hosted their annual conference in Paris. While most of the discussion was, understandably, concerned with either arbitration or adjudication – the latter involving primarily Disputes Boards (http://www.dbfederation.org/) acting under FIDIC contracts – mediation made an appearance at a number of points. The principal issues concerning arbitrators, contractors, and lawyers include, at least: the international and cross-border relevance of contractual forms that are primarily “Anglo Saxon”, the assurance of due process or procedural fairness standards, the recognition and enforcement o [...]
UIA World Forum of Mediation Centres took part in Prague from Friday June 7 to Saturday June 8 20013. What are the newest developments mentioned during the symposium?
The beginning of the June 2013 was affected by heavily floods that stroke in all the Czech Republic and that threatened the Czech capital Prague. By coincidence, one of the largest meetings of mediators from all the parts of world organized by the Union Internationale des Avocats took part in Prague, so the coming participants were able to observe the rising water level of Prague’s river Vltava, as well as the beautiful city islands disappearing under water.
Fortunately, the venue of Forum – the Czech Bar Association headq [...]
This month of May witnessed the launch of the India International ADR Association (IIADRA). And what a blast it was! Judicial luminaries, leading lights of the legal profession, business leaders and politicians all descending upon the gorgeous port city of Kochi on the southwestern Indian coast in the state of Kerala.
At first glance Kochi might be the first place you would think of to be the home of the India International ADR Association. I mean, why not the major international Indian centres of Mumbai or Delhi? Interestingly, Kochi although better known today as a tourist destination, has a rich and colourful history with periods of Portuguese, Dutch and of course British occupation. Koch [...]
Another new mediation venture in Scotland: last week saw the launch of University of Strathclyde Mediation Clinic (http://www.strath.ac.uk/humanities/lawschool/mediationclinic/ ). While by no means a new idea, it’s the first in this jurisdiction. The response took us by surprise. We were graced with the presence of the University’s Principal, a judge, lawyers, sponsors, advice agencies, academics and students. I even made a wee speech, of which more below.
It has set me thinking about a remark made by Peter Adler on a recent visit to Scotland. Talking about the state of mediation in the USA he spoke of ‘high need, high supply, low demand’. I’m sure the same phenomenon exists all over t [...]
Most mediators I know graduated from the Facilitative School of Mediation – and we could spend much ink here debating exactly what that means but to my mind we were essentially taught to own the process and butt out of the outcome.
Recently there have been a number of calls for mediators to do more – more what is perhaps a little unclear, but certainly the market wants more something.
Just last month the IMI International Corporate Users ADR Survey polled 76 in-house dispute resolution Counsel from North America and Europe with over two thirds of the responders being from corporations with 10,000 plus employees.
Responding to the injunction that “Mediators should not be purely faci [...]
A new study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration less often and relying more on mediated negotiation and other approaches aimed at resolving disputes informally, quickly and inexpensively. The 2011 survey of corporate counsel developed by researchers at Cornell University’s Scheinman Institute on Conflict Resolution, the Straus Institute for Dispute Resolution at Pepperdine University School of Law, and the International Institute for Conflict Prevention & Resolution (CPR) produced results that appear to be strongly reflective of U.S. practices and trends, but thoughtful practitioners and scholars will [...]
Since 2010, when the Brazilian National Council of Justice (CNJ), the agency that controls and manages the quality of civil services rendered by the Brazilian Judiciary Power, issued Resolution no. 125 , the mediation market in Brazil became considerably more active. This new Public Policy provided instructions on the proper handling of conflicts within the scope of the Brazilian Judiciary Power. Among others, it introduced:
- “Special Centers” at the Brazilian Courts devoted to conflict resolution and citizenship, whose goals, in addition to the usual mediation legal procedures, are to provide information, guidance and to assist the general public regarding the Mediation proces [...]
In a previous posting I looked at Hong Kong’s new Mediation Ordinance, which came into force on 1 January 2013. This legislative activity comes hot on the heels of a major revision of the Hong Kong Arbitration Ordinance which came into effect in 2011.
Given the increasing interest in multi-tiered dispute resolution (MDR) processes such as med-arb and arb-med-arb, I thought it would be useful to consider the application of these two ordinances to MDR practice in Hong Kong.
The Arbitration Ordinance (AO)
One of the underlying intentions of the revised AO was to encourage the use of:
• med-arb where a mediator is appointed to try to resolve the dispute before arbitral proceedings are comme [...]
Here, no one agrees on anything – even the monks from various Christian denominations (Greek Orthodox, Armenians, Catholics and others) responsible for The Church of the Holy Sepulchre where Christ was crucified, argue amongst themselves on almost everything from cleaning duties to repairs. A wooden ladder has remained on a ledge just above the main entrance (see it ?) since the 19th Century – because no one can agree who has the right to take it down.
But, ironically, peacemaking is clearly big business in Jerusalem.
As we all know, if there were to be a sudden outbreak of peace [...]