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<xTITLE>Harvesting Data to Shape the Future of International Dispute Resolution</xTITLE>

Harvesting Data to Shape the Future of International Dispute Resolution

by Michael Leathes, Deborah Masucci
September 2014
Among the early words of wisdom expressed by Sherlock Holmes in the first of Sir Arthur Conan Doyle's 56 novels, A Scandal in Bohemia in 1891, was this classic line: "I never guess. It is a capital mistake to theorize before one has data. Insensibly one begins to twist facts to suit theories, instead of theories to suit facts."

And so it is with dispute resolution. There is a paucity of reliable statistics out there to enable users of dispute resolution services, as well as advisers, providers, educators, adjudicators and policymakers, to understand how best to prepare and steer ourselves for the future. And even if we take the few nuggets of mediation data that have been generated in recent years (1), the field is not proficient at inter-communication: arbitrators don't liaise enough with mediators (and vice-versa), users are rarely heard, providers compete for space and legislators get confusing signals. It's incoherent and ineffective.

A Convention is being held next month (2) at the London Guildhall on Shaping the Future of International Dispute Resolution which is expected to attract over 150 leaders in this area from all stakeholder groups, especially corporate and other users. Sponsored by Herbert Smith Freehills LLP, the International Mediation Institute, the IDR Group and CEDR, generously supported by the Corporation of the City of London and backed by many other bodies, all delegates will be provided with voting handsets to express their views on a series of key issues, with the results instantly projected on the big screen. There will also be tablets on each table to enable delegates to contribute comments, ideas and proposals throughout the day - all of them shared with those present.

Session 1 will give corporate users the chance to surface their needs; Session 2 will address what service providers are offering; Session 3 will cover issues that will help the field to expand (such as opt-outs rather than opt-ins, enforcement of mediated settlements and hybrids); and Session 4 will direct the spotlight on mediation in several different fields, and highlight blockages as well as successes. Finally, Session 5 will enable another group of users to draw conclusions about how best to shape the future. In every session, delegates will be able to interact with panelists and to use their handsets to express what they think about the issues raised. Those collective views will have a direct and significant influence on how international dispute resolution develops in the future.

The dispute resolution field must address hitherto unexpressed needs of the demand side on a global scale. The seminal event that spawned the growth of mediation was the Pound Conference in St Paul, Minnesota in 1976. Perhaps, the London Convention will be the first of a series of "Pound Conferences" around the world, as we have proposed previously, and generate the data needed to configure the future to fit the facts.

(1) for example: http://www.imimediation.org/imi-international-corporate-users-adr-survey-summary and http://kluwermediationblog.com/2013/03/27/what-does-the-fortune-1000-survey-on-mediation-arbitration-and-conflict-management-portend-for-international-mediation

(2) http://www.imimediation.org/shaping-idr-convention-2014

Biography



Michael Leathes is a former in-house counsel and in that capacity a frequent user of mediation services. After retiring in 2007, Michael helped establish the International Mediation Institute (IMI) as a charitable institution and served in a pro bono capacity as the first Executive Director of the IMI. He stepped down from the IMI Board in 2015. Michael is the author of Negotiation: Things corporate counsel need to know but were not taught (Wolters Kluwer, 2017). 


Deborah Masucci is a former user of mediation services, having been Head of the Office of Dispute Resolution at American International Group Inc (AIG). Debbie is a former Chair of the Dispute Resolution Sections of the American Bar Association and the New York State Bar Association and is an Honorary Director and former Chair of the International Mediation Institute (IMI) and a fellow of the Chartered Institute of Arbitrators. She is now a practicing mediator and an arbitrator. In February 2020, Debbie was the recipient of the 2020 CPR Institute’s annual James F. Henry Award for her distinguished, sustained contributions to the dispute resolution field, and a 2020 Award winner from International Advisory Experts.