Jason Fry, Secretary General of ICC International Court of Arbitration said that the ICC Court is delighted to welcome young arbitration practitioners and corporate counsel to learn from some of the worlds most distinguished arbitrators and professionals. This is the first of what we hope will be an ongoing programme of events tailored to the new generation of arbitration professionals.

The conference is an opportunity for young lawyers and in-house counsel working in international arbitration to receive training from world-renowned arbitrators, members of the ICC International Court of Arbitration, and the ICC Secretariat. The weekend course will offer six hours of academic training with the stars and rising stars of arbitration. Plenary sessions, informal debates, and workshops held in parallel have all been designed for in-house counsel and lawyers.

A Directive on certain aspects of mediation in civil and commercial matters was adopted today 23 April 2008. The purpose of the Directive is to facilitate access to cross-border dispute resolution and to promote the amicable settlement of disputes by encouraging the use of mediation and by ensuring a sound relationship between mediation and judicial proceedings. The Directive is one of the follow-up actions to the Green Paper on alternative dispute resolution presented by the Commission in 2002, the other being the European Code of Conduct for Mediators established by a group of stakeholders with the assistance of the Commission and launched in July 2004.

Welcoming the adoption of this Directive, Vice-President Jacques Barrot said: “This Directive fulfils the political objective established in October 1999 by the European Council of Tampere, which – in the context of encouraging better access to justice in Europe – called for the creation of alternative, extrajudicial procedures for dispute resolution in the Member States. Mediation can provide cost-effective and quick extrajudicial resolution of disputes in civil and commercial matters through processes tailored to the needs of the parties. Agreements resulting from mediation are more likely to be complied with voluntarily and help preserve an amicable and sustainable relationship between the parties.

The Commission proposed the Directive in October 2004 (IP/04/1288). The Directive facilitates recourse to mediation by strengthening the legal guarantees accompanying it, thus giving real added value to citizens and businesses in the European Union. The key components of the Directive are as follows:

The Directive obliges Member States to encourage the training of mediators and the development of, and adherence to, voluntary codes of conduct and other effective quality control mechanisms concerning the provision of mediation services.

The Directive gives every Judge in the Community, at any stage of the proceedings, the right to suggest that the parties attend an information meeting on mediation and, if the Judge deems it appropriate, to invite the parties to have recourse to mediation.

The Directive enables parties to give an agreement concluded following mediation a status similar to that of a Court judgment by rendering it enforceable. This can be achieved, for example, by way of judicial approval or notarial certification, thereby allowing such agreements to be enforceable in the Member States under existing Community rules.

The Directive ensures that mediation takes place in an atmosphere of confidentiality and that information given or submissions made by any party during mediation cannot be used against that party in subsequent judicial proceedings if the mediation fails. This provision is essential to give parties confidence in, and to encourage them to make use of, mediation.

To this end, the Directive provides that the mediator cannot be compelled to give evidence about what took place during mediation in subsequent judicial proceedings between the parties.

The provision of the Directive on periods of limitation and prescription will ensure that parties that have recourse to mediation will not be prevented from going to court as a result of the time spent on mediation. The Directive thus preserves the parties’ access to justice should mediation not succeed.

Source: A boost for mediation in civil and commercial matters: European Parliament endorses new rules

The competition takes place online with each match run in a dedicated webfile using the bespoke software of The MediationRoom.com Each team can include not only the negotiating members (usually 3 or 4) but an unlimited number of fellow students to follow negotiations and post suggestions in a private team area. The enrolment fee (300GBP) will include a licence for the school to run three additional online casefiles to use afterwards, as a training tool or for ad hoc matches with other law schools.

The main points to note from the unique competition format are as follows:

- Two matches,over two weeks for each match, with each team acting for the Claimant and then for the Defendant.

- The case scenario is split into two scenarios, one as presented by the Claimant and one as presented by the Defendant. They will vary in presentation to reflect different interests.

- Each team will have a client allocated. The scenario is learnt through online discussion with the ‘client’. It is up to the teams to extract the fullest information.

- After taking instructions on the case, each team then has to draft a case pleading, based on general principles, not on any specific law.

- Following pleadings,each team has 12 days to negotiate. If they fail to settle, the case goes to a 3 day mediation with an online mediator.

- Each team is expected to make use of an area for anonymous brainstorming of solutions where solutions can be brainstormed and considered objectively without attaching weight through knowledge of the interests of the party concerned.

Prize:

The winning team will receive its own version of an Online Pro Bono Clinic driven by the Software behind this service, branded to the school and hosted for five years.

Further, one member of the winning team (selected by the team) will receive flight and accommodation to attend the 2008 International Forum on Online Dispute Resolution to be held at Royal Roads University in Victoria and the Lester B. Pearson College of the Pacific on Vancouver Island June 18-19th 2008.

More information: International Law School Negotiation and Mediation Competition

Besides the workshop and forum, Schonewille used her visit in Israel to promote mutual efforts to advance awareness, acceptance and the use of international arbitration and mediation in the MEDA countries (Israel, Algeria, Egypt, Jordan, Lebanon, Morocco, Syria, Tunisia, Turkey and West Bank & Gaza), with special attention to small- and medium-sized enterprises (SMEs). The intention of the European Commission’s initiative is to assist SMEs to resolve international commercial disputes arising from business transactions between Middle Eastern countries and EU-based companies, in order to enhance business transactions between companies based in two or more Middle East countries.

In order for the good intentions to materialize, Schonewille met different people from the business and legal community. Among them, Judge Edna Bekenstein (President of Magistrate Courts of Tel Aviv, Israel and a District Judge); Dr. Peretz Segal (Ministry of Justice, former director of the National Center for Mediation and Dispute Resolution); advocate Yori Geiron (president of the Israel Bar), Advocate Shai Porat (head of the mediation committee of the Israel Bar); Omri Gefen (CEO of Gevim mediation center from Herzliya); and many more, including myself, who had the pleasure of having her over at my home to light Hanukka candles.

These meetings should encourage creating and strengthening a working collaboration between Israeli Arbitration/Mediation Centers and the EU Arbitration/ADR Centers. Moreover, it could make a first encounter with existing MEDA counterpart institutions, bearing in mind that the European Commission’s project is intended to integrate local initiatives, without creating assistance-dependent services.

In 2005, the European Commission sponsored a three-year project dedicated to facilitating foreign investment and international trade, across the northern and southern shores of the Mediterranean, through the promotion of Alternative Dispute Resolution in the 10 MEDA countries. At the concluding event of this project, a conference was held in Rome at the end of September. Representatives from the 27 EU member states participated alongside representatives from the 10 MEDA countries.

The project was designed specifically to assist SMEs, the backbone of most MEDA country economies, to develop greater skill and ease in dealing with counterparts in other countries. Therefore, the project worked primarily with bar associations, jurists, local arbitration and other ADR groups, chambers of commerce, federations of industry, trade promotion agencies and other organizations, which relied upon by SMEs for advice and related services. The trainings on international contracts and dispute resolution were aimed at creating a group of highly specialized mediators and arbitrators who will increase the availability of specialized services. The intensive training workshop Training for International Commercial Mediators and Arbitrators were geared toward local business lawyers of the MEDA countries.

Most intermediary institutions, like chambers of commerce and entrepreneurial associations, perform the function of informally helping local and foreign entrepreneurs to amicably settle disputes. Many firms, especially SMEs, have had positive experiences with regard to receiving assistance from an intermediary institution in settling problems/disputes arising from a given contract. Establishing links among all institutional centers and promoting and managing arbitration and ADR in the EU and MEDA countries through networking is instrumental in promoting the use of such dispute settlement methods among entrepreneurs.

The preliminary step that should be taken now is creating informal networks. If the network is set out well, it could make for a good platform to enhance business and financial transactions between private entities in Israel and the other MEDA countries that may use the EU roof to try to normalize commercial connections with their Israeli counterparts.

The active Israeli dispute resolution centers could use this opportunity to enter into cooperation agreements with institutions in the EU and in Arab countries surrounding Israel. In instances where the potential for formal cooperation agreements is demonstrated following the cultivation of a relationship, the agreement may result in a formal Memorandum of Understanding between local organizations. The cooperation should include exchange of experience and information, and may also include cooperation in provision of services, such as in the case of co-mediation. In this process, rather than choosing a mediator from a third country, international litigants can each pick a mediator from a mediation organization in their own country. The neutrals then undertake to work together to facilitate settlement negotiations.

While recourse to two neutrals may add some cost, this approach generally increases confidence in the process. Also, it can be effective when there is need for a mediator who speaks a certain language or has a specific background. For such reasons, co-mediation can make settlement more likely, so parties often find it worthwhile.

Source: Jerusalem Post, Israel – Dec 11, 2007

MONDAY October 15, (Kick Off at 00.00 GMT/UTC) – A preview on the new SmartSettle One software and an e-Negotiation contest

TUESDAY October 16, 17.00 GMT/UTC – Online Dispute Resolution: Remedy of Choice in the Global Digital Marketplace (InternetBar Organization Webcast): The Real Opportunity for Neutrals to Build Business in the Global Marketspace of Online Dispute Resolution

TUESDAY October 16, 21.00 UTC/GMT- Online Mediation Role Play Workshop: Live role play demonstration utilizing audio conferencing, desktop sharing, and a collaborative web platform to deliver an interactive presentation to demonstrate online mediation and mediator training.

WEDNESDAY, October 17, 19.00 UTC/GMT – 40 ADR web sites in 60 minutes: Panel presentation with Geofff Sharp, Diane Levin, Robert Ambrogi, Colm Brannagan, Gini Nelson and John DeBruyn utilizing audio conferencing, desktop sharing, and a browser tour of the 40 sites.

Cyberweek Plenary Discussions – (1) Cardinal Issues of ODR – Keynote plenary Monday with Dan Rainey, head of Mediation Services with the National Mediation Board ; (2) Access to Justice; (3) EHealth and Digital Medical Records; (4) ODR Training; (5) IBO Discussions

More information about Cyberweek events will be posted soon.

Ethan Katsh
National Center for Technology and Dispute Resolution at the University of Massachusetts

More information: 10th annual Cyberweek website.

The court is part of the International Chamber of Commerce, the world business body that has been in the forefront of cross-border dispute resolution since 1923. The workshop is designed to provide a better understanding of ICC arbitration and the other dispute resolution services. Organizers aim to showcase practical strategies and tactics for those involved in international arbitration.

The workshop is being presented in cooperation with the United States Council for International Business (USCIB), ICC’s American national committee, which maintains an active regional subcommittee on arbitration chaired by Steven L. Smith, a San Francisco-based partner with O’Melveny & Myers LLP.

“This is a unique chance for participants from the U.S. business and legal community to gain hands-on training from experienced practitioners and to ensure that they have an understanding of what ICC services are available and how they work,” said Mr. Smith. He said the event is designed to appeal to anyone involved in international arbitration and dispute resolution — including practicing lawyers, corporate counsel, magistrates, and business people involved in international trade and dispute resolution.

The hands-on workshop, the first of its kind in the United States, will feature current and former members of the ICC court, corporate counsel, practicing arbitrators and representatives of the Court’s Paris-based international secretariat. It is part of a new strategic direction for promoting the ICC court under Josefa Sicard-Mirabal, ICC’s director of arbitration and ADR for North America. Since joining ICC last September, Ms. Sicard-Mirabal has sought to expand the court’s educational programming across the U.S. and Canada.

“As a Pacific gateway and major legal center, San Francisco was a natural choice when we were deciding where to introduce a more hands-on format to essential legal training,” said Ms. Sicard-Mirabal. “We believe the interactivity of this workshop really sets it apart.” She said a highlight of the conference will be a mock case, studied with small working groups where participants will take part in a step-by-step examination of the arbitration process.

Since its founding in 1923, the ICC court has handled over 14,000 cases. In 2005, more than 500 cases were filed, involving parties in over 100 countries and independent territories. The court itself has an exceptionally broad representation, comprising members from 86 countries. Over the years, ICC has developed a full range of other dispute resolution rules in addition to arbitration to meet the latest international commercial challenges.

A brochure and registration form for the workshop is available at http://www.uscib.org/docs/arbitration_sf.pdf.

The United States Council for International Business (USCIB) is ICC’s American national committee. As American affiliate of the leading international business and employers organizations, including ICC, USCIB provides business views to policy makers and regulatory authorities worldwide and works to facilitate international trade. USCIB’s Arbitration Committee serves as the contact point for the ICC International Court of Arbitration and its multi-faceted dispute resolution services. More information is available at www.uscib.org.

The 5th Anniversary International Competitions for Online Dispute Resolution are open for registration! The free competitions offer law students worldwide an opportunity to practice and demonstrate their ADR and litigation skills working in a technological environment on the international plane.

The only requirements are that students have access to the internet and permission of a faculty member to participate. Student competitors are evaluated anonymously by experienced professionals from ADR and Litigation from around the world
.
The competitions will run over the following periods:
Litigation: January 20 – March 20, 2006
Arbitration: February 1 – March 31, 2006
Mediation: Round One : February 6-13,
2006; Round Two February 16-23, 2006
Negotiation: Round One: February 27-March 6; Round Two March 10-17, 2006

Problems for the negotiation and mediation competitions are graciously provided by the Harvard Program on Negotiation. Problems for the arbitration and litigation competitions are graciously provided by the International Chamber of Commerce Institute of World Business Law.
We are pleased to once again have West Workspace/Erooms Technology as our sponsor and platform provider for the competition.
To see previous competitions please visit the ICODR portal.
As part of this 5th anniversary ICODR celebration, please note the call for papers for the University of Toledo Law Review International Symposium on April 21-22, 2006 in Toledo, Ohio entitled “Enhancing Worldwide Understanding through Online Dispute Resolution.

Questions or comments? Please contact Ben Davis (bdavis8(at)UTNet.UToledo.Edu) or Alan Gaitenby (gaitenby@disputes.net)

The Center for Information Technology and Dispute Resolution at the University of Massachusetts (CITDR) invites you to participate in the seventh annual online dispute resolution Cyberweek.

This is an all-online Web based conference with no fee for participation and registration. A few of the opportunities planned for Cyberweek include:

* Release of the new ODR library and database

* Discussions with leading practitioners and theorists about the present and future of ODR

* Report on the UN Forum on ODR 2004

* The 2005 International Competition on Online Dispute Resolution (presently ongoing)

* Seminar on the challenges in planning and implementing ODR efforts – examples from Sri Lanka, the Phillipines and Great Britain

* Panel discussion on teaching ODR * Seminar on public sector ODR – the University of Massachusetts/National Mediation Board/National Science Foundation project

* Demonstration of teaching and collaborating in groups with Moodle

* Simulated dispute resolution processes

* Demonstrations involving ConflictLab.com, SmartSettle.com, Info-Share.org and others.

A detailed outline of the course can be found at the ODR – Center for Information Technology and Dispute Resolution

The course will be taught by Daniel Rainey, Director of Alternative Dispute Resolution Services at the National Mediation Board.

Dispute Resolution

A comprehensive overview of the modern practice of online dispute resolution (ODR) around the world. Participants will learn about the history and development of ODR, the current state of the field, and advantages and disadvantages of using online techniques to resolve disputes. The syllabus will systematically explore several types of ODR platforms in use around the world. Including automated negotiation, solution databases, and virtual meeting rooms. Participants will also get a chance to try out the tools used to practice ODR, giving them a chance to confront common practice challenges and overcome frequently-encountered difficulties. The course will involve several role-plays, and each participant will have a chance to participate in these simulations as both a third-party neutral and a disputant. At the conclusion of the course all of the participants will receive a certificate indicating their completion of the training and summarizing the work completed. Instructor: Daniel Rainey Email: danielrainey@comcast.net

Contact Alan Gaitenby (gaitenby@disputes.net) at the Center if you have questions.

Tuesday 7 December 2004, 14:00 – 17:00 at Tilburg University, Building A, Room AZ 186
ICTs have the potential to enhance and revolutionize conflict resolution mechanisms by making these processes more efficient and cheaper. The lectures will give an in-depth introduction to the emerging field of Online Dispute Resolution (ODR) and will discus the benefits of and challenges for ODR technology.

Programme

14:00 – 14:05 dr. Ronald Leenes Welcome

14:05 – 14:35 prof. Maurits Barendrecht
Access to Courts and Civil Procedure Rules? Key Features of Effective
Institutions for Dispute Resolution

14:35 – 15:05 mr. Berend de Vries
ODR: Challenges and Opportunities for Enhancing Dispute Resolution

15:05 – 15:15 Discussion: ADR/ODR – a solution? For what?

15:15 – 15:30 tea break

15:30 – 16:00 dr. Arno Lodder
How to support parties in ODR best? Fundamental and practical
guidelines on the use of technology

16:00 – 16:30 prof. John Zeleznikow
Using game theory and artificial intelligence to provide support with
regard to trade offs – a case study.

16:30 – 16:45 dr. Ronald Leenes
Layla, the Layman’s legal assistant, glimpse of a new research project

16:45 – 17:00 Discussion: ODR technology

17:00 Cocktail reception

For more information, see

http://www.uvt.nl/faculteiten/frw/onderzoek/schoordijk/tilt/lectures/lectures.html.

You can attend free of charge, please …

register via e-mail
(b.r.devries)uvt.nl.

Kind Regards,

Berend de Vries
Tilburg University
Tilburg Institute for Law, Technology, and Society (TILT)
www.uvt.nl/tilt
Tel. +31 (0)13 466 8193
Tel. +31 (0)13 466 8199

http://ssrn.com/author=356185