2017

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, 0 comments

IMI: Looking Forward to the Next 10 Years

IMI was formed in 2007 and over the past 10 years the organisation has developed a unique and important leadership role in amicable dispute resolution on a global level. IMI’s achievements have been many, and key among them: (a) bringing a sharp focus on mediation quality, skills and competency transparency; (b) developing mediation ethics and the first global Code of Professional Conduct for Mediators; (c) expressing collective views on key issues such as the UNCITRAL Convention on the enforcement of mediated settlements and mediation in Investor-State disputes; (d) initiating the recent Global Pound Conference Series; and (e) convening many of the leading international provider organizations to work together in practical ways for the benefit of mediation thought leadership and development worldwide.

In this, the 10th anniversary of IMI, the Board of Directors has decided to increase the diversity and spread of the IMI mission by reorganising its Mission and operations to increase its reach and delivery, concentrate its focus, and reduce its costs, while at the same time remaining a user-led, not-for-profit charitable foundation.

At the recent IMI board meeting in Amsterdam, new members of the Board were welcomed. They include:

Karl Hennessee, Vice-President and Head of Litigation & Regulatory Affairs at Airbus SAS.

Pierrick Le Goff, General Counsel of Alstom.

László Molnár, Managing Director of B.M. Consulting Ltd.

James South, Director of Training for the Centre for Effective Dispute Resolution (CEDR).

For more detailed information on the Board members, please go to:
https://imimediation.org/imi-board-of-directors

At the same Board meeting, Kimberly Taylor, Chief Legal and Operating Officer for JAMS, joined Deborah Masucci as Co-Chair of the Board of Directors.

The Global Pound Conference Series brought to the IMI Board and the Dispute Resolution and Management field many ideas for the future direction of the field. IMI is positioning itself to be a major player pushing change and bringing stakeholders together.

IMI is undergoing a rigorous top to bottom review after the success of the Global Pound Conference series. The information provided through the data gives IMI an opportunity to realign itself to further influence the future of dispute management and resolution. The Board and the Executive Director, Irena Vanenkova, are actively involved in the reshaping that will include integrating the many benefits derived from the Global Pound Conference. The Board is committed to reinforcing high quality standards in the practice of mediation globally that includes certification of mediators and mediation advocates. Users and other stakeholders depend on these standards and the people who are qualified under the standards to ensure quality and trust in the practice of mediation.

This review will continue with a rollout of any changes in early 2018.

Details of this reorganisation will be announced over the next few months, but for now there are some short-term changes you will see, including:

  • IMI is upgrading its technology and website. In the next week we will launch a new website and e mail service. The IMI website will have a new look and feel. There you will find all of the excellent content and be able to navigate the system more easily. The new website will also provide stronger IT security.
  • The Mediator and Mediation Advocate databases will undergo a total revision. In the next month, there will be a pause in access to these databases so we can provide new functionality. The search engine will be easier to operate. You will receive a separate email providing time lines for the transition and how it will impact you.
  • The Certification and Qualifying Assessment Program processes will be reviewed to ensure they meet the needs of the IMI community and users. It is important that we ensure high-quality standards, yet also provide opportunities for new and diverse entrants into the field.

We also have exciting news on a personal level!

Emma Ewart, who joined IMI in 2009 as Operations Manager, will be leaving her role shortly as she is expecting her first child in November. We all wish Emma the very best and hope she will return to IMI early in the new year. While Emma is away, her duties will be shared by the administrative staff of the CEDR, the ICDR, and JAMS. Your inquiries will be answered and interface with IMI will be seamless.

Thank you for your continued commitment and involvement with IMI.

Irena Vanenkova
IMI Executive Director

Deborah Masucci and Kimberly Taylor
Co-Chairs of the Board
29 September 2017

Posted by Laura Skillen in 2017, News, 0 comments

Six Month Marriage – Ten-year Law Suit

A couple from Izmir, Turkey, who decided to get a divorce in the sixth month of their marriage, got a divorce in three years. Their alimony case that lasted for 10 years was recently resolved with the help of GMN Certified mediator; Ms Yuksel Okyay Evren.

AA (63) and MA (53) who married in Izmir ten years ago, decided to get a divorce after six months due to irreconcilable differences. AA filed a law suit in 2007. The suit was rejected due to MA’s unwillingnessWhen AA went to court again three years later, the couple got a divorce. AA was sentenced to pay 11.000 TL compensation. When the payment was not made within the required time period, execution proceedings were commencedIn return, AA filed a suit to get rid of the compensation that he was paying. As a result, the amount of compensation was reduced

The process continued with MA going to court for an increase in compensation and AA going to court for a decrease. After this never-ending process of going to court, MA had recourse to the mediator Ms.Yuksel Okyay Evren on January 25th this year. Evren noted that both parties wished to put an end to the court process which had lasted for ten years, while the marriage only lasted for six months.

She said: “Both parties spent time and money. Their minds were both preoccupied with these lawsuits. The parties were not even willing to get in touch. Also, when the lawyers of both parties focused on their clients’ financial well-being, there was no opportunity for an agreement. Mediation worked extremely efficiently for this couple because both parties wished for a quick resolution. It was possible to come to an agreement on all the lawsuits filed, execution proceedings and the continuing compensations. However, during the process the parties never got together. The parties signed the agreement in separate rooms. Never-ending lawsuits and hostility has finally come to an end.”

http://www.milliyet.com.tr/6-aylik-evliliklerinin-davalari-10-yil-izmir-yerelhaber-1904879/

http://www.haberler.com/6-aylik-evliliklerinin-davalari-10-yil-surdu-9370770-haberi/

http://www.haylayf.com/yasam/6582593/6-aylik-evliliklerinin-davalari-10-yil-surdu

http://www.sabah.com.tr/yasam/2017/03/14/6-aylik-evliliklerinin-davalari-10-yil-surdu

http://www.yeniasir.com.tr/yasam/2017/03/15/evlilik-6-ay-bosanma-davasi-10-yil

http://www.hukukajansi.com/ceza-hukuku/10-yil-suren-davayi-arabulucu-bitirdi-h41420.html

http://www.takvim.com.tr/guncel/2017/03/15/6-aylik-evlilik-10-yilda-bitti 

http://www.sanalbasin.com/evlilikleri-6-ay-davalari-10-yil-surdu-18125044/

Posted by Laura Skillen in 2017, News, 0 comments

Three New Qualifying Assessment Programs Approved

 IMI welcomes three Qualifying Assessment Program (QAP) which have been approved by the IMI Independent Standards Commission and looks forward to embracing new mediators assessed and qualified for IMI Certification.

      

For further details on these QAPs, please visit:

ADRC

CAMP

RICS

For further details on all IMI Qualifying Assessment Programs, please visit:
http://imimediation.org/find-a-qualifying-assessment-program

Becoming an IMI Qualifying Assessment Program (QAP)

For more information on how to become a QAP, please visit the ‘Apply to become a Qualifying Assessment Program’ page on our website:

http://imimediation.org/how-to-become-a-qualifying-assessment-program

Posted by Laura Skillen in 2017, News, 0 comments

Invitation to GPC Online Voting and Consultation on IMI Standards

We invite you to participate in the post-GPC Online Voting and Consultations of the IMI Standards for (i) Mediators in Investor-State Disputes, (ii) E-Mediators, (iii) Trainers & Assessors of Mediators and, iv) Training Programmes.


Post-GPC Online Voting

Although the final Global Pound Conference wrapped up in London on the 6th July, you and/or your colleagues are invited to add your voice to shape the future of commercial dispute resolution. Voting is open at http://bit.ly/GPC-voteonline for a short period of time and will close on August 31, 2017.

Please note that you can only vote once per email address, and please remember to click submit for every question before moving on.

 

IMI Consultations

We invite you to review and submit your comments on the following IMI consultations which are currently in progress:

i) IMI Competency Criteria for Investor-State Mediators

ii) Competency Criteria for e-Mediators

iii) Mediation Trainer, Coach and Assessor Requirements and,

iv) Mediator Skills Training Program Requirements

The respective Task Forces of the IMI Independent Standards Commission (ISC) have established these Criteria which will form the basis to qualify suitable individuals as IMI Certified. Your input is very important for finalising the criteria and disseminating the skills.

 

Comments are invited by December 31, 2017 – if you would like to submit your comments please email us at:
IMIsupport@IMImediation.org

Posted by Laura Skillen in 2017, News, 0 comments

IMI Investor-State Mediation Task Force Pilot Project

The first Investor-State Mediation Task Force Pilot Project was held on June 12-14 at ICSID in Washington DC, USA.

The 3-day training, designed jointly by the Centre for Effective Dispute Resolution (CEDR), the International Centre for Settlement of Investment Disputes (ICSID), and IMI, covered the context, framework and practice of Investor-State disputes, and provided experienced mediators with knowledge and skills to mediate investment disputes. The syllabus for the course was based on the IMI standards for Investor State mediators. Successful completion of the course will lead to an IMI Certification in Investor-State Competency and recognition as a CEDR Mediator (Investor-State Disputes). 

The course attendees all had prior mediation experience as well as knowledge of Investor State arbitration. They came from a wide range of jurisdiction from around the world.

Attendee Lucy Ferguson Reed gave the following comment on the course:

“Over my years as counsel and arbitrator in investor-state arbitration, I have become ever more convinced that many State-level disputes should be settled and, with the help of specialized mediators, could be settled. Kudos and thanks to IMI, CEDR, ICSID and ECT for implementing this serious inaugural ISDS mediator training.”

Another attendee, Mary Walker commented:

“I was fortunate to attend the first Investor-State Mediation Course sponsored by ICSID, the American University Washington College of Law, The Centre on International Commercial Arbitration, CEDR and IMI which was held at the World Bank in Washington in June 2017. 

Participants were required to know the Investor-State regime as well as being able to deal with complex multi-party disputes through mediation. The eminent trainers were involved in the development of the course and were on hand to assist during the intensive training this course offered. 

I cannot express the delight of being amongst colleagues eager to learn yet already knowledgeable in their chosen fields. The truly international and cross-cultural focus provided in this course via the trainers and participants who came from varied jurisdictions provided a rare opportunity to learn and hone one’s skills in this new area now opening for mediators. This is not an entry level mediation course but I highly recommend this course for experienced mediators and those who deal with Investor-State disputes.”  

It is anticipated that the course will run again in Europe and Asia. 

 

https://imimediation.org/investor-state-mediation-criteria

https://imimediation.org/investor-state-mediation-taskforce

http://www.energycharter.org/what-we-do/events/training-for-mediators-in-investor-state-disputes-washington-dc/

https://www.cedr.com/docslib/Investor-State_Mediator_Training_Flyer_2

Investor-State_Mediator_Training_Flyer_2017017.pdf

Posted by Laura Skillen in 2017, News, 0 comments

Request for Proposals: Global Pound Conference Series

Introduction

Initiated by the International Mediation Institute (a not-for-profit organisation), the Global Pound Conference (GPC) Series 2016-17 will facilitate the development of 21st century commercial dispute resolution tools at domestic, regional and international levels.

Launched in Singapore and finishing in London in 2017, the GPC Series convenes is a not-for-profit global project that convenes all stakeholders in dispute resolution – commercial parties,  chambers of commerce, lawyers, academics, judges, arbitrators, mediators, policy makers, government officials, and others – at conferences around the world. Currently scheduled to take place in 40 cities across 31 countries, these conferences provoke debate on existing tools and techniques, stimulate new ideas and generate data on what corporate and individual dispute resolution users actually need and want, both locally and globally.

To date Approximately 1,700 people participated in Global Pound Conference (GPC) events between March 2016 – June 2017. The aggregated data from the first seven events that have taken place already show some interesting themes and trends and provide interesting food for thought and some ideas regarding how to possibly shape the future of commercial dispute resolution and improve access to justice in commercial disputes globally.

 

Stakeholder groups

Results are collected from 5 stakeholder groups:

Parties: Users (businesses) who are involved in disputes and use commercial dispute resolution services (e.g., business managers or in-house counsel involved in litigation, arbitration, mediation or mixed mode processes);

Advisors: External advisors who assist Parties in managing their disputes (e.g., external lawyers, experts, forensic accountants);

Adjudicative Providers: These comprise judges, arbitrators and organizations providing adjudication services;

Non-Adjudicative Providers: Conciliators, mediators, ombudsmen and organizations providing such services; and

Influencers: E.g., academics, government officials, educators, policy advisors, etc. who do not participate in commercial disputes but are influential in the dispute resolution market.

 

Data

Data collected consist of both ‘live’ data that are generated immediately during each GPC event (in response to 20 Core Questions, using the PowerVote electronic voting system) and qualitative data in the form of participant responses to a series of ‘open’ questions, delegate information, word clouds and written questions and answers, also collected during each event.

Scope of project and call for assistance

The final outcome of the GPC Series will be a final report based on a statistically robust analysis of the data collected that:

  1. identifies key trends in commercial dispute resolution practice globally;
  2. contains a cross-jurisdictional comparison of dispute resolution practices;
  3. compares needs and perceptions across stakeholder groups;
  4. makes recommendations about how access to justice in commercial disputes can be improved both globally and within jurisdictions.

The GPC Series requires assistance from interested parties to undertake one or more of the following aspects of the overall GPC research assignment:

  1. Translation of qualitative responses from some events to English (Arabic, Spanish, Italian, French, Polish, German, Dutch, Russian, Thai, Portuguese).
  2. Coding and analysing voting
  3. Pattern analysis of qualitative data.
  4. Producing a final report containing the elements referred to in a)-d) above.

The final report will be subject to review by the Academic Committee of the GPC Series.

The data collected from the various GPC Series events provide a rich source of qualitative and quantitative data for future research, which might focus on country, regional, jurisdictional or global trends identified in the course of the Series. It provides a unique opportunity to be involved in shaping the future of dispute resolution globally.

Researchers involved in the GPC research assignment may also have the opportunity to submit their authored work to a variety of publication outlets, subject to approval of the GPC Central Organising Group.

Timeframes

The following deadlines apply:

  1. Expressing interest: 31 July 2017
  2. Translation of qualitative data: 31 October 2017
  3. Data analysis completion: 31 December 2017
  4. Final report: 31 January 2018

Proposals

If you are interested in participating in the GPC research assignment, please send an email to the Academic Committee of the GPC Series (details below) indicating:

 

  1. Details of your organisation, the individuals whom you propose to involve and their level of appropriate experience.
  2. Which of the items 1 – 4 of the research assignment listed above you are interested in undertaking (preference will be given to tenders willing to handle all 4).
  3. The extent of your or your institution’s ability to absorb costs involved in the aspect of research in which you are involved (at this stage the GPC does not have a budget available for these items).
  4. Fee or cost estimates you may anticipate for completing this project by January 31, 2018.
  5. A brief plan setting out how you intend to execute the items you have shown an interest in, including a time frame for each item.
  6. Any other information you think would be helpful for the Academic Committee to know.

Please contact [email protected] Barney Jordaan, Chair: Academic Committee of the GPC Series

Posted by Barney Jordaan in 2017, News, 0 comments

IMI Introduces Competency Criteria for E-Mediators

The IMI ISC Online Dispute Resolution Task Force of the IMI Independent Standards Commission (ISC) has designed Criteria for programs qualifying competent e-Mediators to establish a professional and technical basis for enabling disputing parties to identify professionals competent and experienced in e-mediation.

The integration of information and communication technology (ICT) into mediation introduced a need to identify specific recognized competencies vital for mediators practicing with ICT. The term e-Mediation is used for ease of reference and means the application of any information and communication technology (ICT) to the process of mediation online or via any other technology.

The aim of the IMI Competency Certification in E-Mediation is to users to make informed decisions while choosing and appointing e-mediators for negotiations and Dispute Resolution (DR). It will also help competent and experienced e-mediators promote their ICT advanced services.

The IMI Independent Standards Commission (ISC) set up this special Task Force consisting of thought-leaders and outstanding practitioners in E-Mediation, and this launch follows a series of deliberations by the Task Force over the past few years.
The e-mediation criteria, ODR Task Force and all related materials are posted at:

https://imimediation.org/online-dispute-resolution-taskforce

Posted by Laura Skillen in 2017, News, 0 comments

Changes to the Leadership of IMI

IMI Board: Please join us in welcoming a new IMI Board member:

László Molnár served as a career diplomat with the Hungarian foreign service for nearly two decades. A few of his assignments at home and abroad included the following positions: deputy state secretary for multilateral relations; one of the state secretaries overseeing integration of Hungary into the EU; consul general, ambassador and permanent representative of Hungary to the UN in New York. His international diplomatic assignments related mainly to international security and nuclear nonproliferation (e.g. chairman and vice-chair of NPT PrepCom and Review Conference). From 2007 to 2014 he worked as executive director for Cisco with responsibilities in government affairs, business development and cybersecurity.

He is a consultant of the Paris-based Cybersecurity Advisors Network (CyAN) and a partner at the Technopolis Innovation Center in Budapest, in partnership with the Silicon Valley-based Plug and Play Tech Center.

“As a young scholar in the mid 80’s I had the rare opportunity to be involved in the Harvard Negotiation Project. Studying the “art of negotiation” there turned out to have a long lasting impact on the rest of my career. Mediation became a practical part of my professional life, first as a diplomat, then as a corporate person and most recently as an entrepreneur. Now I am particularly honored to have the chance to draw on my long time experience directly as a Board member of the prestigious IMI.” – said László Molnár on joining the IMI Board.  

IMI Chair Debbie Masucci added: “The strength of the IMI Board is the diversity of views and experiences that each of the members brings to our discussions and initiatives. Laszlo adds to that diversity. We all look forward to working with him.”

 

IMI ISC: IMI Independent Standards Commission finalised the formation of the Executive Committee to make the leadership of ISC stronger and more inclusive. Please meet the members of the ISC Executive Committee:

Co-Chair Judith P. Meyer, USA – Commercial Mediator;  Principal, JPMeyer Associates;  Fellow, the International Academy of Mediators and the American College of Civil Trial Mediators;  Member of the mediator panels of AAA Mediation, Construction Dispute Resolution Systems, US-China Business Mediation Center and CPR Institute.

Co-Chair Constantin-Adi Gavrilă, Romania – Director, Craiova Mediation Center; Past President, Mediation Centers Union of Romania. Adi is also a Co-Chair of the IMI ISC Appraisals Committee.

Mark Appel, Malta – Independent international Arbitrator, Mediator, Consultant, Trainer and Principal at Appel Dispute Resolution. Mark is the Chair of the IMI Investor State Mediation Task Force.  

Ana Maria Maia Gonçalves, Malaysia – Lawyer, Teacher, Mediator and organizational developer, founder of Convirgente, President of Instituto de Certificação e Formação de Mediadores Lusófonos with operations in all Portuguese-speaking countries. Ana is the Chair of the IMI Online Dispute Resolution Task Force.

Margaret Halsmith, Australia – Chair of Resolution Institute; Member of ADRAC (Australian Dispute Resolution Advisory Council);  Founding Member of International Advisory Board of Afghanistan Centre for Commercial Dispute Resolution.

Jeremy Lack, Switzerland – ADR Neutral and an independent lawyer, Chair of the Swiss Chamber of Commercial Mediation (Section Romandie), Geneva;  Jeremy is a member of the Executive Committee of the IMI Joint International Task Force on Mixed Mode Dispute Resolution and Coordinator of the IMI Global Pound Conference Series 2016-2017.

James South, UK – Director of Training, Centre for Effective Dispute Resolution (CEDR). James is the Chair of the IMI ISC Task Force on Standards for Training Programs and Competency Criteria for Assessors and Trainers.

Professor Ellen Waldman, USA – Professor of Law, Thomas Jefferson School of Law, San Diego; Author and Editor, Mediation Ethics – Cases & Commentaries, 2011. Ellen is the Chair of the IMI ISC Ethics Committee.

More information about the ISC and its Committees and Task Forces.

Posted by Laura Skillen in 2017, News, 0 comments

IMI Investor-State Mediation Task-force Pilot Project

The Competency Criteria for Mediators in Investor-State Disputes will be launched in a Pilot project on June 12-14, 2017 in Washington, D.C.

This 3-day interactive, practice-based investor-State mediator training, designed jointly by the Centre for Effective Dispute Resolution (CEDR), the International Centre for Settlement of Investment Disputes (ICSID), the International Mediation Institute (IMI) and the International Energy Charter, will cover the context, framework and practice of investor-State disputes, and will provide experienced mediators with knowledge and skills to mediate investment disputes. Successful completion of the course will lead to an IMI Certification in Investor-State Competency.

IMI Certified Mediators will have priority in being admitted to the course and assessment.

For further information and to register go to:
https://www.cedr.com/docslib/Investor-State_Mediator_Training_Flyer_VF.pdf

Posted by Laura Skillen in 2017, News, 0 comments