The annual ICC Commercial Mediation Competition is about to kick off in Paris, France on 7 February 2014 and as I write this 500 students from over 40 countries will be making their way to The City of Light by trains, planes and bus.
Teams are drawn from law and business schools across the globe and 120 of the world’s leading commercial mediators and corporate representatives will play their part as judges and mediators.
Over 6 days in the dead of a Paris winter there will be 200+ mock mediation sessions with numerous training programmes and social events - all held in the smartest of Paris law firms like Clifford Chance, Linklaters, Eversheds and McDermott Will & Emery.
So, to the stud [...]
On December 4, 2013, the ICC launched the new Mediation Rules which will replace the 2001 ADR Rules as from January 1, 2014. In the words of Hannah Tuempel, Manager of the ICC International Centre for ADR, “there’s no earth-shaking new change to the rules”. At the global launch event last Wednesday, ‘simple’ and ‘flexible’ were most often repeated as the two main features of the new Rules.
The most obvious and visible change is the new name. When the ICC ADR Rules were drafted thirteen years ago, they were tailored to fit all ADR techniques, including mediation, conciliation and other techniques. Now, with more than 90% of the ICC’s cases filed since 2001 reverting to mediati [...]
The new ICC Rules of Mediation were unveiled this week at a global launch in Paris.
Coming into force on 1 January 2014, the new ICC Rules will replace the ICC ADR Rules that have been used for amicable dispute resolution worldwide since 2001. The new Rules have been adapted to help parties resolve even the most complex cross-border disputes quickly and reliably. Changes include the setting of mediation as the default technique, as well as increased support from the ICC International Centre for ADR, the body administering the new Rules.
Hannah Tuempel, Senior Counsel and Manager of the ICC International Centre for ADR, noted the positive response from business: “The new ICC Rules of Mediatio [...]
So, dear Readers,
This time last year I was telling you about new mediation initiatives in Hong Kong. Well, this year I hope to send you into the festive season with some very exciting news from Singapore.
On 3 December 2013, Singapore’s Ministry of Law unveiled key initiatives to transform and develop its international commercial mediation sector. Based on recommendations of a Working Group established in April 2013 by Singapore’s Chief Justice and the Ministry, the recommendations include the establishment of two new independent mediation entities: a new professional mediation body (the “Singapore International Mediation Institute”), and a new international mediation service provi [...]
The “Italian mediation explosion” attracted a lot of attention from the international mediation community. The mediation explosion came to a sudden halt in December 2012, when the Italian Constitutional Court ruled that the provisions had been unconstitutional. Just recently, on September 20, 2013, a new regulation came into effect, again opting for mandatory mediation, but with several important modifications.
The history of this program dates back to 2009, when the Italian legislature implemented Law No 69/2009. The Law delegated a mandate to the Government to introduce a regulation of civil and commercial mediation. The Government fulfilled it by legislative decree 28/2010, which int [...]
From the Samoan Observer 28 August 2013
Chief Justice, His Honour Patu Tiava’asue Falefatu Sapolu yesterday launched Samoa’s Mediation Rules 2013 during a gathering at the Samoa Tourism Authority (STA) fale.
Prime Minister Tuilaepa Sa’ilele Malielegaoi was among Cabinet Ministers and senior government officials present. Also present was the Speaker of the House, La’auli Leuatea Polata’ivao as well as members of the judiciary. His Honour Patu said the launch yesterday was a significant milestone for Samoa.
“Mediation is something very new but very old in Samoa,” he said. “Mediation has many similarities with the traditional Samoan way of settling disputes through the village [...]
This is the fourth and final posting in a series written by Tina Monberg, Irena Vanenkova, Michael Leathes and Nadja Alexander. In the last posting we discussed two factors that we think are critical to changing mindsets and increasing the systematic use of mediation in intractable, politically-charged and violent conflict. They are:
1. Bringing more awareness to the need for sophisticated convening skills to bring parties to the negotiating table.
2. Fostering a real understanding worldwide of what mediation is and how and why it works.
Today we talk about a third factor — instilling confidence among stakeholders and potential users in the quality of professional mediators to engage in the [...]
This is the third in a series of four postings written by Irena Vanenkova, Tina Monberg, Nadja Alexander and Michael Leathes. The previous posts appeared on the 17th and 20th August on the Kluwer Mediation Blog. Previously we noted that the UN and world political leaders increasingly perceive mediation as vital for avoiding and resolving conflict at all levels in society. Yet mediation has not taken off in the practice of peace. In this posting we begin a discussion on changing mindsets.
Three fundamental factors are critical to bridge the gap between the strong collective policy demand for peace mediation on behalf of almost every country and the systematic implementation [...]
This is the second in a series of postings written by Michael Leathes, Tina Monberg and Irena Vanenkova and Nadja Alexander. The first post appeared on the Kluwer Mediation Blog on 17 August. Yesterday we put forward our view that achieving the promise of mediation in conflicts that threaten the stability of societies and economies is one of the most important challenges of our time. We noted that the UN and political leaders increasingly perceive mediation as vital for avoiding and resolving conflict at all levels in society, worldwide and today we identify the extent to which the rhetoric about mediation matches what has been done to implement mediation in practice.
Implementation Steps by [...]
This is the first of a series of four blog postings written by Nadja Alexander , Michael Leathes , Tina Monberg and Irena Vanenkova.
Achieving the promise of mediation in conflicts that threaten the stability of societies and economies is one of the most important challenges of our time. Inspiring progress has been made in the past few years by the UN, and political leaders increasingly perceive mediation as vital for avoiding and resolving conflict at all levels in society, worldwide. Yet in individual cases mediation is rarely used as an avoidance and prevention process, and left until conflicts have escalated to the point that achieving a timely negotiated outcome, or avoiding a catast [...]