International Mediation Speaker: Colin Russ CEDR Solve Mediator & ADR Consultant

Seminar Objectives to examine the need for effective dispute resolution in the global economy to recognise the role for mediation to understand the mediation process in the context of international disputes to consider the special features of international mediation to identify developments to date

Global business diplomacy Global business needs effective systems for handling disputes More than negotiation, less than litigation Partnering and Alliance Groups Project management approach “In litigation you lose control. With mediation you keep control, particularly on costs. Mediation clearly has a significant role to play in international disputes” Hans Peter Frick, General counsel, Nestle Switzerland

The Need for International Mediation (1) Growth in domestic mediation Limitations of litigation & arbitration Needs of global business community national courts and legal systems - corruption & delay - risk of “location shopping” Development of international professional practices Development of (non-profit) ADR organisations

The Need for International Mediation (2) Expansion of arbitration centres to include mediation capabilities Increasing use of ADR clauses Court activism/legislative reform – governmental support Persuasion by ADR “champions” - these last 3 representing “routes to mediation”

Challenges for International Mediation (1) Making it happen - common law & civil codes Levelling the playing field - without jeopardising neutrality Pre-mediation contact Authority issues Duration (of mediation day)

Challenges for International Mediation (2) Pacing (of process) Achieving and implementing settlements Training of mediators and representatives Unified approach Settlement culture Negotiating techniques

The “Power and the Glory!” Turbo-charged negotiation - it’s a powerful process Settlement rates User satisfaction BUT there are limitations too…..

Limiting factors in International Mediation Not all cases are suitable Agreeing on the mediator(s) and process Timing considerations Voluntary, non-binding - no guaranteed outcome Specific challenges in international context

Summary Growing and urgent need for effective dispute resolution in global economy Mediation no longer “alternative” Specific need to be recognised and addressed Successful outcome not guaranteed ………….but very likely! Final questions & close