In April 1976, an event now known as the Pound Conference ignited modern ADR in the USA, launching discussion of what may have become the “greatest reform in the history of the country’s judicial system”.1 Forty years later, all stakeholders in the dispute prevention and resolution fields around the world are being invited to participate in a series of unique thought leadership events around the globe under the auspices of a Global Pound Conference (“GPC”) series.
The GPC has a remarkable goal: to shape the future of dispute resolution and access to justice in the 21st Century.
An invitation to shape the future of dispute resolution
The bold program, which will generate debate an [...]
Once I was informed by Nan Waller Burnett that her colleagues from the organization Mediators Beyond Borders International (MBB) were heading for Prague and that we might organize a meeting with them I did not hesitate a minute. For the work of this NGO is simply admirable.
How to build more peace “able” world
The MBB was founded in 2006 in order to promote mediation not only in the USA but also worldwide. Its main task is expressed in the following motto: “The only lasting peace is the one built by the disputants themselves.” Hence, the MBB volunteers travel around the globe and teach the disputing parties and different communities the conflict resolution skills. They are defini [...]
This follows my blog last month about mediation and sustainability. In the run up to the vital COP meeting in Paris in December, what role for mediators and other third siders?
What should we say?
I started this piece a few weeks ago with these words: “From my balcony at nearly 2,000 metres, I can see seven vapour trails above, and as I look to the west, several more. The sky is a patchwork of misty white lines on clear blue. Below, the mountains are also a patchwork, this time a mottled white and grey. Even at this altitude in January, the snowfall is irregular and quite a few slopes are exposed. The main ski runs are open though, and that is a relief. We’ve paid a little extra to come [...]
As mediation seeks to claim a larger slice of the international dispute resolution pie, an increasingly important question for lawyers is: where and according to which law would I choose to have the mediation of my clients matter conducted?
Say your client is a multinational corporation doing business with numerous organizations around the globe. Your advice is to insert a dispute resolution clause with mediation as a central component. Typically we select jurisdictions with which we are familiar to do business with. Smits explains the research that backs this up. This is sometimes referred to as the status quo bias. It might be our own jurisdiction or it might be another internationally we [...]
As the world of business develops at an unprecedented pace, we all are constantly facing new challenging situations which we must rapidly understand, find new solutions to and, in some cases, adapt ourselves to. A global net of co-operations, business opportunities, market resources and novel technologies has inevitable spanned across our world of business.
Along with any innovation and development comes a new challenge and with that a new method to deal with it. Unsurprisingly, the segment of dispute resolution is no different from the others and also needs to rapidly adapt to the fast paced developments in the world of international commerce. Globalized, multicultural and highly complex t [...]
Last year I posted 10 tips for participants, one of the most important being that mediation remains an oral sport, and the most effective counsel and parties in real life are those who have the confidence to come to mediation with little documentation but with a deep knowledge of both the dispute and their preferred pathway to resolution – so, not only have they prepped the legal case, they have also (and primarily) prepared for settlement.
This year, I would like to add just a couple more, but perhaps go into a little greater detail this time;
In a previous post, I shared Professor Stacie Strong’s call for blog readers to respond to her survey on international commercial mediation practice. Thank you to everyone you did.
While the final results are still pending, Prof Strong has released some preliminary results from the study.
The study, which is entitled “Use and Perception of International Commercial Mediation and Conciliation: A Preliminary Report on Issues Relating to the Proposed UNCITRAL Convention on International Commercial Mediation and Conciliation,” was written by Professor S.I. Strong of the University of Missouri and collected detailed data on 34 different questions from 221 respondents from all over the world. Surv [...]
For one more week only you have the chance to have your say on the enforcement of cross-border mediated settlement agreements. I encourage each and every one of you to offer your input.
Two surveys will be gathering input from dispute resolution professionals and others on the challenge of enforcing settlement agreements across borders.
The surveys are intended to provide empirical data to aid the decision making process for the proposed UNCITRAL settlement convention on the international enforcement of settlements reached in mediation.
Of course, parties who choose to resolve cross-border disputes by way of mediation are free to develop their own bespoke rules of engagement as they might in their domestic mediations via a comprehensive mediation agreement (ad hoc mediation) – however, and although there are cost implications, parties to international mediations usually perceive real benefits in adopting a tried and true process administered by a respected and often global ADR provider (administered mediation).
Many parti [...]
In his recent posting for the Kluwer Arbitration Blog, Michael McIlwrath picks up on what I affectionately refer to as the NYC4M (New York Convention for Mediation) theme, that is the debate about whether an international convention for the enforcement and recognition of cross-border mediated settlement agreements would assist the development of, and promote the use of, cross-border mediation. It’s a theme that Geoff Sharp of this Blog has also pursued. Moreover, the International Mediation Institute and the International Bar Association have recently announced a joint Taskforce to pursue an NYC4M.
While the idea seems at first glance like a no-brainer, an obviously attractive proposal t [...]