News

Matching Arbitrators To Party Expectations

Matching Arbitrators To Party Expectations

Reacting to a discussion at Vienna Arbitration Days 2016, Lucy Greenwood, Michael McIlwrath and I published an article ‘Puppies or Kittens – How To Better Match Arbitrators to Party Expectations’ calling for better-informed choices in appointing arbitrators.

We analysed the arbitrator selection process, and proposed that the lack of available information on arbitrator’s soft skills and procedural preferences often leaves parties disappointed.

In appointing an arbitrator a party seeks to identify an individual with an approach to procedural issues, case management and handling of evidence and settlement which aligns with the party’s views. While this information is crucial for the arbitrator selection, parties have only traces of knowledge about it. In fact, obtaining this information can be the single most difficult challenge when identifying potential arbitrators. Read more

Posted by GPC Series in GPC, News
The Geneva GPC – Does The Future Lie In Mediation?

The Geneva GPC – Does The Future Lie In Mediation?

On 29 September 2016, various stakeholders from the judicial and alternative dispute resolution (ADR) community – arbitrators, mediators and judges, in-house counsel, external lawyers, policy-makers as well as representatives of arbitral institutions – gathered in sunny Geneva for a lively exchange on “the future of dispute resolution” at the city’s GPC event. Read more

Posted by GPC Series in GPC, News

MediatorTV: Episode 4

 

This week’s episode of  the Mediator Academy‘s weekly video ‘This Week In Mediation’, presented by Professor Nadja Alexander and Aled Davies, features the German National Mediation Association, the Bundesverband Mediation – with highlights from their annual congress in Dresden and a look at new and emerging mediation models.

The conference also focused on the role of mediation in relation to very political themes such as migration and integration.One interesting initiative that is proving to be very successful involves enrolling members of the migrant community on a one and  half year mediation training programme. The episode examines why this is such a successful initiative and how they increase engagement in the mediation process.

For the final piece of mediation news the hosts travel across the pond to analyse a decision from the Appeal Court of Massachusetts which held that mediation remains confidential even if the parties have been up to all sorts of shenanigans!  All this and more coming up in the show.

Posted by GPC Series in GPC, News

MediatorTV: This Week In Mediation

 

The Mediator Academy has created an excellent new resource – a weekly video discussion on mediation presented by Professor Nadja Alexander and Aled Davies. 

This week’s episode looks at the proposed use of mediation to bridge the secular and religious divide in Malaysia and other opportunities for using mediation to address domestic political tensions. Read more

Posted by GPC Series in GPC, News
It’s A Numbers Game: Diversity And Inclusion In International Dispute Resolution

It’s A Numbers Game: Diversity And Inclusion In International Dispute Resolution

As a largely private mechanism for dispute resolution, international commercial arbitration has been shielded from scrutiny in relation to the composition of its arbitral tribunals. For years, the arbitration institutions did not publish data in relation to the gender, nationality or race of arbitrators appointed to hear disputes. However, this situation is changing. Read more

Posted by GPC Series in GPC, News
Counting Mediators: Key Trends In International Mediation

Counting Mediators: Key Trends In International Mediation

The International Mediation Institute (IMI) published the results of their 2016 International Mediation & ADR Survey this week.

The survey focused on collecting census data, as well as views on awareness of mediation and alternative dispute resolution (ADR). Over 800 participants completed the census survey, including users of mediation services, mediators, advisors, educators, students, providers and other stakeholders.

With very little statistical data available in this area, the results, according to IMI have been “particularly insightful and eye opening”. Read more

Posted by Natasha Mellersh in GPC, News
‘Linking Your Thinking’ To Satisfy Your Clients

‘Linking Your Thinking’ To Satisfy Your Clients

Do you want to make sure that your commercial clients are happy with the dispute resolution services you are providing? Are you committed to tailoring your business to meet their needs? Irrespective of whether your clients are ‘dispute-savvy’ or still finding their way into the world of commercial dispute resolution, there are things that you can do to make sure you meet their expectations.

The Global Pound Conference is travelling around the world asking commercial users, judges, mediators, lawyers, academics and government officials to share everything they know about the best ways to meet the expectations of commercial clients. After analysing the feedback from the first 350 respondents, we have identified three steps that can help you meet the expectations of your commercial clients. Read more

Posted by GPC Series in GPC, News
London After Brexit: Business As Usual?

London After Brexit: Business As Usual?

Reading the headlines, Brexit-ing Britain may appear a hostile place – the public, we are told, favours being told the number of foreigners being employed by companies in Britain, and academics at the London School of Economics find that they are debarred from giving their non-British opinion on Brexit, lest, one assumes, they steal bread from the mouths of native political scientists.

It would be careless, therefore, for lawyers not to ask what impact Brexit would have on the UK as a seat of arbitration. As it stands, the UK- or more specifically, London – is clearly an attractive seat for arbitration proceedings, being the home of the Chartered Institute of Arbitrators, the London Court of International Arbitration, and the London Maritime Arbitrators Association. Read more

Posted by Peter Boyle in GPC, News
New Competency Criteria for Investor-State Mediators

New Competency Criteria for Investor-State Mediators

Investor-state disputes are constantly changing, as are the ways they are being resolved. While arbitration is well known in the area of investor-state disputes, mediation is also beginning to gain ground as a potential choice for some investors.

In September, the International Mediation Institute (IMI) published a comprehensive set of Competency Criteria for Investor-State Mediators, aiming to assist users and providers of dispute resolution services in selecting suitable mediators for disputes between private sector entities and states Read more

Posted by Natasha Mellersh in GPC, News
Dawn Of Technology In Dispute Resolution

Dawn Of Technology In Dispute Resolution

The growth of online shopping, online financial trading, online banking to online tuition, emphasises our growing dependence on technology and online communication. Technology has changed almost all areas of human existence, and dispute resolution is no exception. The internet and the use of computers are now an integral part of our lives.

We live in an inescapable world of technology; this extends to law practice in the form of online dispute resolution (ODR). ODR is the use of information and communication technologies to assist parties to manage, transform and resolve their differences/conflicts. ODR is, of course, a broad field with many facets, based on technology supported third party intervention efforts aimed at dispute resolution, peace-building or conflict management. Read more

Posted by GPC Series in GPC, News
3 Signs That You (Or Your Clients) Are Dispute-Savvy

3 Signs That You (Or Your Clients) Are Dispute-Savvy

Whether you are a dispute resolution practitioner or a commercial operator, you know that some manage to navigate the commercial dispute resolution world more effectively than others. What distinguishes those who thrive from those who barely survive?

The answer may be simpler than you think, but the implications of understanding this could have a big impact on the way you approach commercial disputes. Read more

Posted by GPC Series in GPC, News
Answering The Call For A New York Convention On Conciliation

Answering The Call For A New York Convention On Conciliation

Alternative methods of dispute resolution are a topic on the legislative agendas of a large number of countries as states actively work to promote their use. A reoccurring issue related to the spread of alternative dispute resolution (ADR) mechanisms is enforceability, of both the mediation/conciliation clause and the settlement arising thereof.

In light of the above efforts, the 47th Session of United Nations Commission on International Trade Law (UNCITRAL) called upon its Working Group (WG) II to create an instrument on the enforcement of international commercial settlement agreements resulting from conciliation/mediation. Read more

Posted by GPC Series in GPC, News