1. Investor-State Mediation Assessment and Preparation
Mark E. Appel
Chair
IMI Investor-State Mediation Taskforce

2. IMI Investor-State Taskforce
IMI Investor-State Mediation Taskforce
Formed from a group of internationally-recognised experts to offer practical guidelines for the use of mediation and for determining competency criteria for mediators:
IMI Investor-State Mediator Competency Criteria:

3. Mediation Why and When Why Mediate? When to Mediate?
Take control of problem and settlement outcome
Energise negotiation process
Little “downside” in the event of impasse
When to Mediate?
“Early and Often – during project phase; as an early dispute resolution settlement tool; concurrent with Treaty arbitration and even after arbitration Award

4. Conflict Management Basics
Early Problem Identification
Left alone, small problems become large problems
Earlier identification maximizes settlement options
Active Communication
Internally and Externally
Up and Down the Chain of Command
Cross Agency
Conflict Management Policy and Protocol
Encourage Early Conflict Management and Dispute Resolution
Create Clear Protocols for Problem Engagement
Put someone in Charge

5. Assessing Mediation Basic Facts
Summary of key facts, positions taken and claims made
Note positions – both On and Off the Record
Brief analysis of who has most to gain and lose
Status of Dispute

6. Assessing Mediation Analysis Case Analysis Strategic Analysis
Financial Loss Analysis
SWOT Analysis (Strengths, Weaknesses, Opportunities, Threats)

7. Proposing Mediation Basis Points Reference Public Policy
Establish and Reference Mediation Protocol
Ask ADR Institution to Propose Mediation

8. Preparing for Mediation
Mediation Logistics
Mediator Selection – see IMI Criteria for Assessment Programs Qualifying Mediators to be IMI Certified: programs and IMI IS Mediation Competency Criteria
Participants
Pre-Mediation Information Exchange
Scheduling
Communications – both Internal and External

9. Preparing for Mediation
Mediation Strategy
Identify Needs and Interests (yours and theirs)
Prioritize Needs and Interests
Review in light of Case, Financial, Strategic and SWOT Analysis
Establish Range of Outcomes if Negotiation not successful (BATNA, WATNA, PATNA)
Assign Participant Roles
(Re-)Establish Strategy (Beginning, Middle and End)

10. Assessment/Preparation
IMI’s Case Assessment and Preparation Tool:
Olé! Online Dispute Analysis
Free and downloadable!

11. Thank You! Mark E. Appel Chair, IMI Investor-State Mediation Taskforce
Arbitrator and Mediator
ArbDB Chambers
150 Fleet Street London EC4A 2DQ
+44 (0)