Make Mediation Happen!

Make Mediation Happen
  • Location: Paris
  • Date: 02/02/2012
  • Event Type: 35
  • Language: English

The conference will focus on practical issues such as how to convince a counterparty to include a mediation clause into a contrac how to mediate when there is no mediation clause selecting the right mediator for the right case how to prepare internally and with outside counsel and how to prevent any possible misuse of the mediation process.

Topics include

  • Which dispute should be submitted to mediation and who should decide
  • How and when to submit a dispute to mediation when there is no mediation clause
  • How should in-house counsel and corporate management prepare for the mediation session
  • How to avoid counter-party delay tactic
  • How to choose the right mediator for a specific case
  • Should the mediation be ad hoc or pursuant to institutional rules
  • How to protect company interests with regard to information disclosure and prejudice issues
  • What to know about enforcement of mediation agreements

Who should attend?

  • In-house counsel
  • Members of corporate management
  • Dispute resolution practitioners
  • Attorneys in law firms

Registration as of 8:00

MORNING SESSION 9:00 - 13:00

Words of Welcome

Where we are now

How is mediation currently used for the resolution of commercial disputes. What are the apparent factors for success. Which hurdles are companies still facing today. An introduction from the company, counsel and institutional point of view.

Wake up and smell the coffee

Why dispute-wise companies realize that mediation makes business sense. How companies have made mediation mainstream through internal policy. How companies new to mediation can get up to speed. Convincing arguments and tips for overcoming obstacles to establishing a mediation policy.

To be a fly on the wall - Mediation Stories Part I

A European - Asian mediation

It takes two to tango

Part I
How do you convince a counterparty to include a mediation clause into the contract. How should you draft a mediation clause. Should the mediation clause be limited to certain disputes. Should the mediation clause provide for mediation within a set time frame before arbitration or should the timing be more flexible. What should you do if a counterparty has ignored the mediation clause and has filed for arbitration. Case study.

Part II
How do you convince a counterparty to mediate when there is no mediation clause. How and to whom should you propose mediation. When should you propose mediation. Should you use an institution as an intermediary. Can you propose mediation when you have already started another dispute resolution procedure. How do you deal with knowledge imbalance when the other party is new to mediation. Group Exercise.

Does ad hoc add up? And, the art of matchmaking

Comparing ad hoc and administered mediation. What special considerations are necessary for ad hoc proceedings. Benefits of involving an administering institution. Procedural specificities of international and cross-cultural commercial cases. Matching the right mediator to the right case. Differences between civil law and common law mediators. Should mediators have legal or technical expertise. Exploring different styles of mediation.

AFTERNOON 14:30 - 17:45

Get ready, get set, go

The user point of view: How to prepare internally. Who should be involved. How much time is needed. Is the assistance of external counsel important. What to avoid.

The lawyer point of view: How to prepareyour client. Using different strategies compared to litigation and arbitration.

The mediator point of view: What makes a party well-prepared. What should parties focus on. Examples of failed mediation due to bad preparation. Can counterparties prepare jointly. What is the mediator’s role in the preparation process.

To be a fly on the wall - Mediation Stories Part II

A failed settlement - Lessons learned

You have nothing to fear, but fear itself

Can parties misuse mediation? Is there a risk of non-enforcement, improper disclosure of confidential information, prejudice in subsequent proceedings and dilatory tactics? How parties can address these issues and prevent them from happening. Civil and common law approaches.

To be a fly on the wall - Mediation Stoires Part III

A success story involving a state party

Closing remarks

Dr. Axel Boesch, Mediator, Attorney at Law Germany & New York, Partner, TaylorWessing, Germany

Roberto Calabresi, Partner, SLCG Studio Legale Associato, Italy

Tina Cicchetti, Conference Co-moderator, Associate, Fasken Martineau, Canada

Kent Dreadon, Kent Dreadon, Head of Legal, Telefónica UK Limited, UK

Guillaume Feld, General Counsel, QDVC, Qatar

Jason Fry, Director, ICC International Centre for ADR; Secretary General, ICC International Court of Arbitration, France

Jörn Gendner, Legal Counsel - Contracts & Legal Affairs, Bombardier Transportation, Germany

Laurent Gouiffès, Partner, Hogan Lovells, France

Michel Kallipetis QC, Independent Civil and Commercial Mediator, Independent Mediators Ltd, UK

Kai-Uwe Karl, Senior Counsel – Litigation, GE Oil & Gas, Italy

Deborah Masucci, Vice President, Office of Dispute Resolution, Chartis, USA

Danny McFadden, Mediator, Managing Director, CEDR Asia Pacific, Hong Kong

Caroline Ming, International Legal Counsel & Project Manager, SGS Société Générale de Surveillance SA, Switzerland

Christopher Newmark, Mediator, Arbitrator, and Counsel, Spenser Underhill Newmark LLP, UK

Alexander Oddy, Partner and Head of ADR, Herbert Smith LLP, UK

Ute a. Joas Quinn, Conference Co-moderator, Associate General Counsel, Shell International B.V., Board Chair, International Mediation Institute, The Netherlands

Calliope M. Sudborough, Deputy Manager, ICC International Centre for ADR, France

Hannah Tümpel, Manager, ICC International Centre for ADR, France

Colin J. Wall, Managing Director, Commercial, Mediation & Arbitration Services Ltd, Hong Kong

Thomas Webster, Arbitrator, Mediator and Counsel, France

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Event registration fees

ICC Member fee & Sponsors Fee (excl. VAT) €469

Regular registration fee (excl. VAT) €605

Conference Supporter Members Fee (excl. VAT) €529

ICC Mediation Competition Fee (excl. VAT) €123

How to register
Easier, faster register online* at www.iccevents.org
*Secured payment by credit card
Alternatively, complete and return the registration form indicating method of payment to:
E-mail: events@iccwbo.org
Fax: +33 1 49 53 30 30
Tel.: +33 1 49 53 28 67jg

Post:
ICC SERVICES Training and Conferences
38, Cours Albert 1er,
75008 Paris, France Registration will be confirmed upon receipt of the registration form and contribution to costs.