Global Pound Conference Series – New Report

A New Report on the Global Pound Conference Series is available at https://www.globalpound.org

The Report is the result of a collaboration with Herbert Smith Freehills, PwC, and the International Mediation Institute. The Report focuses on Global Trends and Regional Differences.

Posted by Deborah Masucci in 2018, S-AboutIMI, S-Mediation, S-Practitioners

Investor-State Mediator Training Held in Paris

The International Centre for Settlement of Investment Disputes (ICSID), the Centre for Effective Dispute Resolution (CEDR), the International Mediation Institute (IMI) and the International Energy Charter jointly organized a 3-day training course for mediators in investor-State disputes. The training took place from May 8 to 10, 2018, at the World Bank Conference Centre in Paris, and was attended by participants from all regions of the world.

The 3-day interactive training covered the context, framework and practice of investor-State dispute settlement. The goal of the training was to provide experienced mediators, ISDS practitioners and government officials with the knowledge and skills necessary to mediate investment disputes. The successful completion of the course led to a Certification in Investor-State Mediation.

On the first day, participants explored the framework of investor-State dispute settlement, as well as process considerations and design aspects of investor-State mediation, such as stakeholder mapping. On the second day, participants considered co-mediation, intercultural competency, the effective conduct of an investor-State mediation, and ethical considerations. The third day was devoted to providing participants with the knowledge and skills to mediate investor-State disputes through assessment role plays and coaching. The interactive teaching methodology was designed to give participants a realistic learning experience.

The faculty included: Mark Appel, Member of ArbDB Chambers;Alejandro Carballo-Leyda, General Counsel of the International Energy Charter; Wolf von Kumberg, Arbitrator and Mediator, ArbDB Chambers; Karl Mackie, Founder President of CEDR;Corinne Montineri, Legal Officer of Legal Affairs, UNCITRAL; Frauke Nitschke, Senior Counsel and Team Leader at ICSID; and James South, Managing Director of CEDR.

Investor State Mediation Training-Paris.jpg

Trainers and participants during the Investor-State Mediator Training, May 8-10, 2018, Paris

                                                                   

Posted by Deborah Masucci in 2018, News

Mixed Mode Task Force Seeks Feedback

Based on initial feedback from the Global Pound Conference, a Mixed Modes Task Force (the “Taskforce”) was set up by the College of Commercial Arbitrators (CCA), the International Mediation Institute (IMI) and the Straus Institute for Dispute Resolution, Pepperdine School of Law to examine possible new ways of combining mediation with arbitration. (More information).

One of the six working groups in this Taskforce is looking into interactions between mediators and arbitrators.  The Taskforce is looking at all combined processes (such as med/arb) that run sequentially, in parallel or are integrated into one-another, and how and under what constraints the neutrals may communicate with one-another. This is an area that obviously raises many concerns, as the point is not to jeopardize any arbitration or other proceedings, but to explore what may be possible or advisable.  In order to help this working group with its task, we are seeking any information and/or feedback to the following questions:

  1. What cases have you encountered where adjudicative neutrals (judges or arbitrators) interacted with non-adjudicative neutrals (e.g. mediators or conciliators)?
  2. What issues, if any, were faced by the neutrals/advocates in working together?
  3. What were the case outcomes?

Please submit your responses using this SurveyMonkey survey.  Responses will be summarized and shared back to those people who express an interest via the survey.

Your responses would be greatly valued and appreciated.

Thank you,
Posted by Deborah Masucci in 2018, News

Laura Skillen joins IMI as Director of External Relations

Laura Skillen has joined IMI in the new role of Director of External Relations effective March 1, 2018.

Laura has been working with IMI for the past year initially in a limited capacity for the Global Pound Conference and then as the lead rebuilding the underlying infrastructure and websites for both the GPC and IMI.  She has taken on an increasing role in managing IMI’s operations, and will now be key to fundraising IMI’s further growth and GPC reporting.

Laura comes to us from the private sector, where she has worked in corporate governance, IT, and marketing.

Please join us in welcoming Laura to IMI.

Posted by Deborah Masucci in 2018, News

UNCITRAL’s Working Group II Concludes Work on Instrument for Enforcement of Mediation Settlements

UNCITRAL’s Working Group II concluded work on instruments to enforce cross border mediation settlements at its meeting on February 5-9, 2018 with a draft Convention and Model Law. The documents will be considered for finalization at its meeting in June 2018 in New York City when UNCITRAL will also be celebrating the 60th Anniversary of the New York Convention. To keep apprised of the latest drafts go to: http://www.uncitral.org/uncitral/en/commission/working_groups/2Arbitration.html
Adoption of a Convention or Model Law will support greater use of mediation for cross-border disputes by removing barriers to its consideration. Efforts after June will be focused on securing state approval of either a Convention or Model Law. Education efforts will be focused on the benefits of mediation as one of many choices to resolve disputes efficiently and effectively while ensuring access to justice.
Posted by Deborah Masucci in 2018, News

IMI Investor-State Mediation Taskforce Publishes Note On Use Of Mediation As Component Of ISDS

The Note advocates the further use of mediation as a component of any reformed multilateral investor-state dispute settlement (“ISDS”) system, and sets out key considerations attendant to establishing an adequate framework for the amicable resolution of investment disputes involving investors and governments within the single market (the “Framework”). It responds to the Public Consultation on the topic launched by the European Commission – Directorate-General for Financial Stability, Financial Services and Capital Markets Union (“DG FISMA”). In particular, the Note recommends that the Framework:

  • Explicitly acknowledge EU policy support for mediation;
  • emphasise the importance of choosing independent, impartial, suitable and competent mediators;
  • emphasise the importance of balancing transparency and confidentiality; and
  • ensure flexibility in mediation access, timing and structure.

Importantly, the Note recommends that EU Investor-State policy reflect the expectation that mediation will be utilised for both conflict management and dispute resolution and further, that mediation will be a treaty-based default option, which parties may unilaterally opt out of only by expressly rejecting the use of mediation at the time of the dispute.

To download the IMI Investor-State Mediation Taskforce – DG FISMA Note from 30 January 2018 please click here.

Posted by Natasha Mellersh in 2018, News, 1 comment

Irena Vanenkova leaves IMI

Irena Vanenkova, who served IMI selflessly since 2007, stepped down from her role as Executive Director on January 12, 2018.

Irena tirelessly worked to promote IMI and its Vision and Mission. Many in the international dispute resolution and management community consider her a cherished friend. She was a vigorous advocate for IMI at conferences and meetings explaining the value of IMI Certification and being part of its many Task Forces and Committees.

Irena was at the centre of practically all of the developments of IMI in its first 10 years. We thank her for her energy and commitment, which will continue to benefit IMI long into the future.

Please join us in wishing Irena the best.

Posted by Deborah Masucci in 2018, News, 9 comments

IMI Board Member, James South, Becomes CEDR Managing Director

Press releases

28 November 2017

James South becomes Managing Director of the Centre for Effective Dispute Resolution

CEDR (Centre for Effective Dispute Resolution) announces that James South has become its Managing Director. James, a mediator and lawyer, Barrister and Solicitor of the High Court of New Zealand, has been CEDR’s Director of Training since 2004. James’s appointment follows the announcement in early 2017 that Dr Karl Mackie CBE was moving from Chief Executive to Founder President to focus on mediation practice. James will now take on the leadership role within the organisation, reporting to CEDR’s Board of Trustees.

James has over 20 years of global experience in the ADR field and has worked in five continents, facilitating dialogue and empowering people at all levels to develop the way they engage with others. He has worked with countless large corporates in sectors such as banking, pharmaceutical, insurance, International Government Organisations, and National Governments and Departments. Much of his work has been instrumental to the development of Civil Justice Systems in numerous jurisdictions.

CEDR has grown dramatically in its 27 year history and the organisation saw it as important to appoint a Managing Director to work with the other seven members of CEDR’s Executive Team and ensure that the trajectory of its recent achievements is continued. This includes the development of CEDR’s negotiation and conflict consultancy portfolio and the growth in consumer dispute resolution, alongside maintaining its prominence as an Alternative Dispute Resolution Centre and its leadership in mediator accreditation.

James will be succeeded as Director of Training and Consultancy by Susanne Schuler, who has been Assistant Director of Training and Consultancy since 2013 and is also a member of the Executive Team. Susanne is a lawyer and a highly experienced mediator, who is fluent in four languages. Susanne also spent 10 years as Director and head of Berlitz Business Seminars, a role that like her current role at CEDR also saw her working in many nations around the world developing business and delivering training and consultancy services.

Speaking of the announcement Dr Karl Mackie, Founder President of CEDR said, “CEDR’s Board of Trustees were very clear that they wanted to see a continuation of the growth that CEDR has enjoyed. The appointment of James South as Managing Director to lead the organisation after a thorough process of review and assessment means that this growth can be assured for the future with the current Executive Team in place. As someone who has worked with James for 17 years I am delighted that in my new role as President we will continue to work together in this new relationship.”

Eileen Carroll QC (Hon), CEDR Principal Mediator and Co-Founder, added, “CEDR has a phenomenal track record and brand around the globe, bringing alternative dispute resolution and new thinking on negotiation and conflict wherever it goes. I am delighted that James has been selected to lead the organisation for the future and that Susanne has been named as the new Director of Training. James’s knowledge, vision and drive will be a great force for progress.”

Ends

James South:

James South is one of the world’s most experienced dispute resolution trainers and consultants and has been mediating public and private sector disputes for over 20 years, particularly commercial contracts and property disputes. He is also experienced in mediating cross-border and cross-cultural disputes most notably related to international development projects. In his work he specialises in alternative dispute resolution process design and capacity building and has worked in over 40 countries around the world including China, Croatia, Egypt, Hong Kong, India, Ireland, Lebanon, Greece, Spain, Pakistan, Rwanda, South Africa, United States and Ukraine. He has also led the development and delivery of Negotiation and Conflict Management skills and consultancy to businesses especially at Leadership and C-suite levels.

James currently serves as a Board Director of the International Mediation Institute and was for 6 years a Lecturer in International Commercial Mediation at the University of Westminster. A qualified lawyer in his native New Zealand, James holds an LLM in International Dispute Resolution from University of Westminster and an LLB from the University of Canterbury, Christchurch, New Zealand.

Posted by Deborah Masucci in News

EC Consultation – Ends November 30, 2017

EC consultation on the prevention and amicable resolution of disputes between investors and public authorities within the single market – deadline extended to 30 November 2017

 

Following the Capital Markets Union Mid-term Review of June 2017, the Commission launched at the beginning of August an open consultation to investigate whether an EU framework might be needed in the context of preventing and resolving disputes amicably between investors and public authorities within the Single Market. Interested parties were also asked to identify areas where better clarity about EU investors’ rights is needed in order to feed into the upcoming Commission guidance. The consultation questionnaire is available here.

 

The consultation period has been extended until 30 November and the participation of investor representatives, legal practitioners and mediators/arbitrators is welcome.

Posted by Deborah Masucci in News

2018 CPR International Mediation Competition

The 2018 CPR International Mediation Competition will take place in São Paulo, Brazil on April 17 & 18, 2018.  It is the second year for this competition which is the only international mediation competition to take place in Latin America.   The competition is a very important tool to promote mediation with the younger generations and to train them in mediation.

Registration is now open and teams interested in participating have until December 8, 2017 to pre-register after which teams will be selected and invited to participate.   You can find further information about the competition on the CPR website at https://www.cpradr.org/strategy/international-initiatives/international-mediation-competition/2018.

Please feel free to circulate the information broadly particularly to any academic institutions which would be interested in sending teams of students.  CPR is also looking for judges so, if you are interested, please let Olivier Andre know at [email protected] .

Sincerely,

Deb Masucci and Kim Taylor

Co Chairs of the Board of the International Mediation Institute

Posted by Deborah Masucci in 2017, News