STOP PRESS
For one more week only you have the chance to have your say on the enforcement of cross-border mediated settlement agreements. I encourage each and every one of you to offer your input.
Two surveys will be gathering input from dispute resolution professionals and others on the challenge of enforcing settlement agreements across borders.
The surveys are intended to provide empirical data to aid the decision making process for the proposed UNCITRAL settlement convention on the international enforcement of settlements reached in mediation.
The first survey is just four questions, and is from the International Mediation Institute. It is focused on the level of corporate demand for such a convention.
The results of the IMI survey will be discussed and developed further at the October 29, 2014 convention in London on Shaping International Dispute Resolution.
University of Missouri Survey of Dispute Stakeholders
The second is somewhat more comprehensive, and is from the University of Missouri. The Missouri survey is aimed at gathering information about enforcement difficulties from all stakeholders.
The Missouri survey covers a variety of issues that may be of interest to the international community.
Your Input Requested
Your opinion counts. Remember there is only one week left, so please take the time to make a difference.
You do not need to have previously participated in an international commercial mediation or conciliation in order to be able to respond.
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Identifying the common interests and shared values between the disputing parties is arguably the most important foundation to be laid upon which a meaningful mediation might take place. Among other things, depending on the “border” we “Westerners” must remember that borders have different meanings, might be fluid or even non-existent where tribes and clans, and a whole different set of culture or faith-driven rules and customs will be influencing the parties. Recommend looking at the Cyprus dilemma and progress that has been made over the past several years through Rotary International’s Cyprus Friendship Program. For the first few years, this mixed student exchange type of program was driven by Rotary clubs in the U.S., with little or no engagement by Rotary clubs on either side of the island. Time and patience are also key in that now, after at least 7-8 years, a couple of local clubs have finally started to get engaged. ALSO, bear in mind that in many countries “mediation” is associated with status or “Wasta” in that it denotes a process where you must first be important in order to be a part of a mediation. Unfortunately, it is mostly for show, political posturing, and not necessarily intended to actually reach a lasting agreement. My last point is to draw attention to something that the Ferguson demonstrations and even riots have brought to the forefront in the U.S. – that being that everyone’s TRUTH resides mostly in what he or she is almost predisposed to believe, oftentimes absent facts or logic. As has been said many times, “Common sense is not very common.” There are too many personal and political agendas afoot in nearly any major disagreement.