We have now released the GPC New York Report on the IMI website. This report is one of a set of eight North American reports created as part of an IMI project funded by the AAA-ICDR Foundation.
GPC New York Report
The North American suite of reports present findings from data that has never been analyzed before and gives insight into the commercial dispute resolution (DR) landscape in North America.
The GPC New York Report explores the characteristics of users of DR in New York, how the market responds to their needs, obstacles and challenges facing their jurisdiction and provides a vision for the future of commercial DR in New York.
Some results may be expected. Others may be quite surprising.
The following is a sample of some of the themes emerging from The GPC New York Report. For the complete picture of this jurisdiction, download the report from the IMI website.
‘ADR has a strong presence in New York’s commercial DR landscape, with many corporations employing these processes to avoid litigation. The negative perception of ADR is shifting, with legal and business sectors discovering its value to their bottom line. Consequently, self-determination and problem-solving are starting to become an important part of New York’s commercial DR culture.
The continued resistance to concepts such as mandatory mediation and the inclusion of DR clauses in contracts reflect the ongoing uncertainty about provider quality, concern over the lack of provider diversity and the adversarial nature of traditional approaches. The call to establish evidence-based models of best practice has the potential to inform the push for improved mediation training and mediator accreditation. It may also add value to both new and existing ADR education programs for lawyers, members of the judiciary, business professionals and parties.’
GPC New York Report
3 Strengths
- ADR considered a legitimate alternative
- Informed parties who are able to drive the process and select their preferred arbitrator and/or mediator
- Corporations embedding ADR as specialist area within their organizational structure
3 Limitations
- Reluctance by legal sector to prioritize non-adversarial options
- Inadequate details on available DR processes—i.e. knowledge about the defining features of each process option
- Disproportionate role of discovery in DR process
3 Priorities
- Redefining the ‘zealous lawyer’ to include a greater emphasis on problem-solving and insight into the circumstances where non-adversarial options may prove valuable to clients
- Developing principles for proportionate discovery e.g. staged discovery processes
- Identifying ‘best practice’ and sharing evidence-based case studies
GPC New York Report
Where can I become IMI Certified in New York?
IMI Certification is the international gold standard for mediation worldwide. Read about the benefits here.
IMI Qualifying Assessment Programs near New York City are the American Arbitration Association New York, the Institute for Dispute Resolution at New Jersey City University, the International Institute for Conflict Prevention and Resolution, and JAMS New York. (JAMS’ QAP is open to JAMS mediators only.) Find other nearby programs here.
The complete suite of North American reports includes:
- The GPC Austin Report
- The GPC Baltimore Report
- The GPC Los Angeles Report
- The GPC Miami Report
- The GPC New York Report
- The GPC San Francisco Report
- The GPC Toronto Report
Culminating in the final comparative report:
- The GPC North America Report
Clear features of each city who hosted a GPC event have become apparent – and similarities and differences between jurisdictions have surfaced. Distinct and actionable recommendations in relation to the findings have emerged. These recommendations have the potential to make a significant impact on the future of commercial DR in North America.
All the reports will be made available on the IMI website.
