ICC and the American Bar Association (ABA) Sections of International Law and Dispute Resolution held a one-day conference, entitled “Managing Risks and Getting Results: How to Use Mediation Effectively in International Business Disputes” at ICC in Paris, France on .
The sold-out conference drew a large audience of almost 100 corporate in-house counsel, lawyers, mediators and business executives representing about 25 countries and spanning 5 continents.
Throughout the day, a distinguished panel of corporate representatives from companies such as GE, Akzo Nobel, Nestlé and Thalès as well as experienced mediators and renowned academics covered a broad range of topics. The information exchanged was tailored to provide practical information for international businesses and to demonstrate the economic and business value of mediation as part of a systematic approach to dispute resolution.
Highlights included the provocative question posed by Mike McIlwrath, Senior Counsel – Litigation at GE Oil & Gas: “When business executives speak of ‘arbitration’ are they really thinking of mediation?”
McIlwrath’s question followed playback of a series of audio recordings of business executives who were asked about the ideal length of arbitration for moderately complex disputes. The answers were surprising. Unlike the specialists in their legal departments, the business executives expected results from arbitration within a few weeks and did not see the utility of a waiting longer than a couple of months.
Jan Eijsbouts, former General Counsel and Director of Legal Affairs at Akzo Nobel NV added that the company’s mediation policy was not only a positive decision on an economic basis but an imperative decision for the company’s risk management strategy to comply with good corporate governance standards.
Later in the morning, Christine Guerrier, VP General Counsel of Litigation at Thales Group and Patrick Deane, Senior Lawyer at Nestlé Group discussed how mediation policies were implemented in their legal departments and gave practical information on how they prepare their mediation strategies in-house. They also discussed the economic benefits their companies have realized by implementing a corporate mediation policy.
Participants were invited to continue their discussion over lunch at a French bistro next to ICC with a view of the Eiffel Tower. Lunch was generously provided by the law firms of FIDAL and Beiten Burkhardt.
After lunch, the program focused on preparing for mediation from various perspectives as well as advice on selecting counsel and choosing a mediator.
To make theoretical discussion more real, panelists demonstrated a live, mock mediation of an international patent dispute, illustrating the role of the mediator as a facilitator in the negotiation process and the creative business-wise solutions that can result from structured settlement discussions.
The day closed with a champagne and canapé cocktail, sponsored by JAMS International ADR Center.
ICC thanks all of the event’s sponsors, including Altenburger Legal & Tax for their financial support as well as its media partner, Global Arbitration Review.