Regional Programs
Australia and New Zealand - Michael Klug, Coordinator
LEADR Celebrates Its 20th Anniversary
LEADR is a non-profit organisation which services Australasia. LEADR was established in 1989 with the aim to promote and facilitate the use of ADR processes. LEADR's objectives are to:
- "Serve the community by promoting and facilitating the development, acceptance and usage of Alternative Dispute Resolution (ADR)
- Promote education and research in ADR
- Disseminate information for the benefit of its members and the community
- Provide simple and effective access to dispute resolution professionals
- Assist organisations in developing effective grievance handling procedures
- Ensure excellence in the delivery of ADR solutions to our region through training, accreditation and development of a national standard for practitioners." (http://www.leadr.com.au/aboutleadr.htm)
LEADR provides both an accreditation and referral service for mediators. Over the past 20 years, LEADR has succeeded at promoting ADR across the Australasia region and has made a significant contribution to the community.
Europe - Patricia Barclay, Coordinator
Mediation Techniques Compendium
The International Bar Association’s Mediation Techniques Committee is very active, reports Patricia Barclay, who serves as Co-Chair of the committee. Currently, it is trying to develop a compendium of techniques for commercial publication. So far around 40 members have contributed essays and work continues to compile tips for mediators of all skill and experience levels.
The format of the book will be a series of essays taking each step of the mediation in turn from planning through to follow up, interspersed with short pieces or even single sentences giving practical tips for techniques to try and favourite questions to ask. The final section will consist of articles on the use of mediation in specialist or unusual circumstances. There is also intended to be a bibliography for further reading.
There is still time to take part with the short tip section in particular, the authors are still looking for further contributions. So if you are also a member of the IBA, please send your tips to Patricia at patricia@bonaccord.eu. You can send in as many tips as you like. While there is no guarantee that they will be published, it is the Committee’s intention that as many different ideas as possible will be included. The essay sections have been largely completed now but if you do have an idea for an article please contact Patricia. If the topic has not already been covered, it may still be possible to be included. Patricia commented “This is a great opportunity for all our mediators to get involved and share their experiences with colleagues around the world. It is easy to get stuck in a rut in our thinking and practice, especially if we work in a small jurisdiction with limited opportunities to explore the work of others. We hope this work will allow us to overcome distance and encourage our members to get into contact with each other beyond the current project.”
Latin America - Luis E. Ore, Coordinator
Peru & International Arbitration
Mr. Ore’s Note: Here is news about international arbitration in Peru and its new legislation. Earlier this year, I met the Peruvian Minister of Justice with a group of American lawyers on an ABA trip to Peru. The comments regarding public policy came from the minister.
Earlier this year, the Peruvian Minister of Justice stated that in Peru the use of arbitration is a matter of public policy. He stated that the government is interested in having Peru become an Arbitration Hub for the Latin American region. In Peru, arbitration is constitutionally recognized and the US-Peru Free Trade Agreement will lead to spreading its use.
The new Peruvian arbitration law includes UNCITRAL Arbitration Rules 2006 modifications and new legislative developments from Spain, Sweden, Belgium, Germany, England, Switzerland and the United States. For instance, the new arbitration law eliminates the written formality required for the arbitration agreement. Now it’s sufficient to evidence the consent of the parties. It restricts the intervention of the judiciary. Regarding investment, it includes a norm for the enforcement of arbitral awards under the ICSID Washington Convention of 1965. Many experts recognize that Peruvian Arbitration Law is one of the most advanced in the world.
