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Upcoming Events
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Thessaloniki, Greece
ADRg Civil & Commercial Training Programme is due to commence on 17th - 22nd November in Thessaloniki, Greece with the Mediation Institute.
For further details please contact Katarina: [email protected]
April 23-26, 2015
Mediators Beyond Borders International in partnership with S.T.A.R.S. Romania announces MBBI's 7th Congress
Bucharest, Romania
CLICK HERE!
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Featured Article
Choosing a Mediator | |
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 | | � September 2014 Thomas P. Valenti |
Highly popular in the US and the UK, mediation remains seldom utilised and barely known about in many other countries. This is the first in a series of articles offering practical ideas for those considering mediating their disputes. Companies that have lived through the US litigation system are familiar with jury consultants; those with experience in international arbitration are well aware of the due diligence and analysis that goes into appointing the right arbitrator for the dispute. Having as much input as possible into the identity of the individuals who are going to determine the dispute is just common sense. Despite not ruling on the merits of the dispute, the mediator may have significant influence on the outcome of the case and the mediator's selection deserves attentive consideration. What, then, should a party considering a mediation do to place itself in the best possible situation going into the process and, above all, to ensure that the right mediator is appointed for its dispute? Three basic rules apply. 1 | Consider the profile of the mediator as it relates to the dispute First, the party needs to consider exactly what type of mediator it wants for the case. Parties with limited experience in international mediation often overlook the two broad categories or types of mediator who render services in international matters. .....
2 | Understand how the appointment will take place and exercise your rights Second, it is necessary to be fully cognisant of the mechanism that will be followed for the appointment of the mediator. Typically, the mediator will be the person the parties agree on. But party agreement seldom occurs - and when it does not, it will fall to a judge, the mediation-administering institution or a third-party nominating authority to appoint the mediator. Not all of them will approach the appointment of the mediator in the same fashion, and the parties need to recognise what mechanisms, rules, principles and motivations each of them may follow, for these may vary significantly. Where parties cannot agree on a specific individual, they should at least seek to agree on the mediator's basic profile. .....
3 | Be strategic
Third, the party must approach the mediator appointment process with realistic expectations, a flexible attitude and as much information as possible. It is always unrealistic to have just one mediator candidate and to stick with that name through thick and thin - the odds are that the other party will not agree to that candidate. It is always wise to identify in advance a number of candidates with whom the party would be comfortable. ..... Click here to read entire article on Lexology |
An alternative way for solving fashion disputes: the Fashion Mediation Association (FMA)
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In the attempt to offer an alternative to court proceedings, by creating
 an independent body specialized in the fashion industry, a bunch of companies active in the field has recently created the Fashion Mediation Association("FMA"). FMA is an association created with the aim to solve civil and commercial disputes, which may arise between operators within the fashion industry both a national and international level. Mediation procedures will take place in Venice and have a voluntary basis. The most common way to assign the disputes to the FMA is by inserting a specific clause in the relevant contract. Mediators before FMA are independent, impartial and neutral and appointed by the Fashion Mediation Board, which is an autonomous body, not linked with the FMA partners. Mediators are highly qualified, fluent at least in Italian and English, with a degree in law or economics and proved knowledge of the business, acquired at international level through professional or in house-experience for companies active in the fashion field. The mediation procedure is governed by the FMA Mediation Regulations, aimed to ensure a fast, cost-effective and confidential solution of the disputes, which is satisfactory for all involved. In any event, choosing mediation does not prejudice the parties' right to bring court proceedings or arbitrations. FMA has entered an agreement with the Venice Court of Arbitration (VCA), which manages the administrative and logistic aspects of the procedure. In addition, if the parties expressly accept it, the agreements reached through the FMA are enforceable through the intervention of the VCA, as provided under Art. 10 of the FMA Mediation Regulations. Should the mediation prove unsuccessful, parties may decide to start an arbitration procedure before the VCA, which has also created a specialist division of arbitrators with an expertise in the fashion field. Link to FMA Here |
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Currently Brazil has no legislation that would regulate mediation and the concept of mediation is not very common in Brazilian jurisdiction. However, there is a big effort coming from the government to implement the concept and the use of mediation, which would be a resourceful solution for a country with high numbers of cases and longstanding processes.
The legislation that is in process for approval by the Brazilian authorities has similar concepts to the ones applied in the United States, a country that is a reference for such a method of alternative dispute resolution. The idea that litigation or arbitration processes would not preclude the parties from resorting to mediation are being considered in the legislation. The legislation also would allow anyone more than 18 years old who is capable and is chosen by the parties to serve as mediator. The principles of parties' autonomy, equality, confidentiality, and good faith and neutrality by the mediator are being protected. Confidentiality for all parties involved in the process, and regarding information shared on caucus (preventing the information from being shared with third parties or preventing the mediator from being a witness in litigation) are also being considered. Innovative alternatives are also being examined such as online mediation and others that would not require physical presence.
Once the legislation is approved and takes effect, if no major changes were done to the bill, the next step will be the training of mediators. For a country that is not familiar with the concept of mediation, training will be fundamental to the legislation's efficacy. Lawyers must be educated in the concept so they can suggest such a solution for their clients and trust in the alternative not so popular at the moment. But there is hope; the first step is being taken.
Mayara Soares Bacellar, LLB, Brazilian Licensed Attorney, and LL.M. Candidate for December, 2014 at Michigan State University College of Law.
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The new LCIA rules
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The London Court of International Arbitration (LCIA) has formally adopted new arbitration rules which came into effect on 1 October 2014, and will apply to any arbitration commenced on or after this date. The new rules revise and update the previous rules, which came into force in 1998.
The revisions aim to bring the LCIA up to date with current practice and procedures and streamline the LCIA arbitration process. The availability of an emergency arbitrator and the focus on procedural efficiency in the new rules brings the LCIA in line with other leading institutions including the ICC (2012), the SIAC (2013) and the HKIAC (2013).
Comment
The modifications to the rules should be taken into account by LCIA users when considering the drafting of their arbitration clauses, and when participating in LCIA arbitrations commenced after 1 October 2014.
The revisions to the LCIA rules should be welcomed by the international business community. The changes represent a tightening-up and modernisation of the rules in a way that should reduce costs and increase the efficiency of LCIA arbitrations. The rules on parties' legal representatives are unique to the LCIA but the extent to which arbitrators will utilise their powers to sanction counsel remains to be seen.
Click here to read entire article on Lexology |
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Step aside men: Women mediators trained in alternative dispute resolution
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PESHAWAR: 
When it comes to dispute resolution in Khyber-Pakhtunkhwa (K-P), women are mostly left out as men make the decisions at jirgas. However, in what appears to be a first, as many as 21 women from Peshawar are being trained as mediators under the government's alternate disputes resolution (ADR) programme.
These women are being trained along with 104 men and will be a part of local ADR jirgas which will settle minor conflicts in their respective areas. An all-women jirga is already functioning in Swat, however, this is the first time that women will be mediating alongside men.
"The training sessions are being held to enhance women mediators' capacity to resolve disputes brought to jirgas at the union council and village level," ADR working group Chairman Muntazir Khan told The Express Tribune. He said the mediators would be especially trained to deal with matters related to women.
Click here to read entire article
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Schlumberger Foundation Fellowships for Women from Developing Countries
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Deadline: 14 November 2014
Open to: women from developing countries
Fellowship: up to USD 50,000 (approx. €39,000) per year
Description:
The Schlumberger Foundation is a nonprofit entity that supports science, engineering and technology education. Recognizing the link between science, engineering, technology, and socio-economic development, as well as the key role of education in realizing individual potential, The Schlumberger Foundation's flagship program, is Faculty for the Future.
Read more:
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Enforcement of foreign arbitration awards in the Middle East
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If the Middle East is interested in becoming a leader in international arbitration, or in being a valued part of the international arbitration community, it must recognize that it has a number of problems that prevent it from emerging as an arbitration-friendly jurisdiction.
For the Middle East to assume leadership in international arbitration, it must start with the political will to recognize the importance of arbitration, accompanied by specific actions to reform judicial and educational institutions within five years.
Introducing new updated legislation, reforming existing laws, training arbitrators and the judiciary, establishing and supporting (both financially and with manpower) fully independent arbitration centers, encouraging the development of local and international arbitration communities - these are all important and necessary steps that need to be taken. Moreover, resolving the issues affecting the enforcement of arbitration awards will not only develop arbitration within the region but will lead to local practitioners being recognized as major players in the field.
These steps cannot be completed overnight, but they can be done with the political will and a solid five-year plan. The reforms also need support and contributions from the international community, whether on a legislative or training level, so as to achieve best practice.
CLICK HERE to read entire article on Lexology
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Singapore: the new hub of international dispute resolution\
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Singapore is fast becoming the Asia-Pacific region's one stop shop for international commercial dispute resolution. Many multinational corporations base their Asia-Pacific operations in or around Singapore, which makes it a logical choice for parties looking to deal with disputes close to the source. In response to this growing trend, the Singapore International Mediation Centre (SIMC) will open in November 2014, and the Singapore International Commercial Court (SICC) is set to open in coming months.
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The SICC is set to open in early 2015, after legislative changes were tabled in Parliament in October 2014. The SICC will target cases such as cross-border commercial transactions which are governed by foreign law.
The Court will be established as a division of the Singapore High Court, and part of the Supreme Court of Singapore. Both Singapore lawyers and foreign lawyers will be licensed to appear in the court, and disputes will be heard by Singapore judges and international judges.
Parties will be able to make submissions on any law, rather than solely Singapore law.
CLICK HERE to read entire article on Lexology
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BEYOND RIGHT & WRONG:
STORIES OF JUSTICE AND FORGIVENESS
A film about Restorative Justice and Dialogue
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In the stillness after conflict, after the blood dries and the screams fade, the memory of violence transforms survivors into prisoners of their own pain. How do whole societies recover from devastating conflict? Can survivors live-converse, smile, and even laugh-beside someone who blinded them, killed their parents, or murdered their children? Can victims and perpetrators work together to rebuild their lives? This life-changing documentary explores the intersections of justice and forgiveness as survivors heal from these tragedies.
Beyond Right & Wrong presents the stories of people who have experienced loss and the stories of people who have caused that loss. From the Rwandan Genocide to the Troubles in Northern Ireland to the Israeli-Palestinian Conflict, people from different sides of the violence have entrusted all of us with their stories-their anger or remorse, their pain, their paths to recovery.
 | | Beyond Right and Wrong: Stories of Justice and Forgiveness - Trailer |
Learn More About the Film Here
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In an effort to recognize the specialization in the ADR community, we are creating 3 separate newsletters broadly covering these areas: Mediation - Arbitration - International ADR.
A newsletter focused in one of those areas will be sent out bi-monthly. In order for you to subscribe to as many types of newsletters that fit your particular practice/interests, please click on the Update Profile/Email Address link at the bottom of this email. From there you will be able to select which newsletters you wish to receive or if you would like to opt out all together.
Thank you for reading my newsletter, and as always, if you have any questions on any of the articles listed, do not hesitate to contact me.
Sincerely,
Thomas Valenti
Thomas P. Valenti, P.C.
300 N. LaSalle St., Suite 4925
Chicago, IL 60654-3406
T: 312-803-0472
F: 888-667-2485
� September 2014 Thomas P. Valenti
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