Regimes of international dispute resolution face mounting evolutionary pressures as the nature of commerce becomes increasingly complex. This has led to a renewed interest in mediation as a mode of dispute settlement, offering parties control over the process, time and cost efficiency and, importantly, the chance to preserve and repair business relationships.

In light of these developments, the Consensual Dispute Resolution Competition, or CDRC Vienna, was conceived in 2015 as a moot competition on mediation and interest-based negotiation, modelled after the Vis Arbitration Moot, and is organised jointly by the International Bar Association (IBA) and the Vienna International Arbitration Centre (VIAC).

Ciarb, in furtherance of its commitment to building capacity and promoting thought leadership in alternative dispute resolution and in recognition of the role of such events in building community networks, was principal sponsor of the 2nd IBA-VIAC CDRC Pre-Moot Conference.

The 2nd IBA-VIAC CDRC Pre-Moot Conference, sponsored by Ciarb

The theme of the conference was Twinning Arbitration and Mediation: Practice, Policy and Future. Dr Isabel Phillips MCIArb, Director of Policy and ADR Development at Ciarb, delivered the keynote address on Scratching the ITch: Re-prioritising People in Mediation. She drew on her extensive experience mediating in West Africa and internationally to raise an important question: in promoting adoption of seemingly fantastical technologies to mediation (and dispute resolution generally), are we stopping to consider its impact on the participants of the process? Or, put another way, are restrictive notions of procedural efficiency proving prejudicial to the parties?

The panels following the keynote address covered cutting-edge issues in mediation, including:

1. The role of AI in mediation and negotiation - exploring the various roles AI may essay in these processes and the ethical and legal considerations involved. Moderated by Amelie Huber-Starlinger and featuring Filippo Zuti-Giachetti, Jeremy Lack and Dr Yadvinder Rana.
2. The intricacies of process design when twinning arbitration and mediation - considerations involved for institutions, parties and external financiers, and highlighting best practices. Moderated by Zachary Calo and featuring Alice Fremuth-Wolf, Katherine Raynal, Katja Kroll and Natascha Tunkel.
3. The mediation of environmental disputes - including the unique complexities of disputes involving states, third-party interest groups, grievously affected parties etc. Moderated by Sascha Ferz and featuring Mary Walker, Juliana Ghasemipour-Yazdi and Peter Petrov.

The Competition

The ninth edition of IBA-VIAC CDRC Vienna took place from 5 July to 10 July 2024 and saw participation from diverse linguistic, cultural and academic backgrounds, with all six continents represented. In light of the record number of applications, the intake was increased to 28 negotiator teams, playing the role of the disputing parties, and 14 mediator teams, playing the role of the mediator. Seventy-six leading professionals joined as expert assessors, scoring teams and delivering feedback.

The competition was interspersed with learning and social events, resulting in an enriching programme. The events included panel discussions at partner firms Freshfields and CMS Vienna, a workshop on applications of Game Theory in negotiation by the Austrian Association for Negotiation and Conflict Management (AANCM) and a workshop on mediation as a tool for economic development by UNDP and UNCITRAL.

The Vis Advantage

IBA-VIAC CDRC Vienna’s defining feature is that it challenges teams to resolve the Vis Moot problem via mediation, requiring them to take a holistic view of the underlying commercial interests. The case problem features elaborate characterisations of parties, histories inter se, the transaction undertaken and the contractual arrangement - offering a truer simulation of reality and ultimately providing a better field to test skills in.

Value Analysis

For Competing Students: A practical learning experience

Jose Araujo and Henrique Paschoal of the University of Sao Paolo, Brazil, the winning negotiators from 2023, highlight that it is only at IBA-VIAC CDRC Vienna, while role-playing as a CEO, did they begin to appreciate the commercials involved in a dispute, a perspective one doesn’t get as an intern. In Jose’s case, these insights led to a self-discovery and a course correction in his career. He first realised he was interested in financial markets when he interned with the capital markets team of a law firm, but participating in the competition made him realise that what he’s actually interested in are the business and negotiation aspects of it. He has now realigned his focus from capital markets to asset management.

For Professionals: Discovering new professional avenues and giving back to society

Despite the rigours of a legal or commercial advisory practice, established professionals commit significant time, energy and resources to be a part of CDRC, as it is reputed for its high-quality academic dialogue, mooting activity and networking opportunities. The diversity of participants also creates an environment of diverse perspectives, providing the opportunity to broaden horizons, and even discovery of new professional avenues.

Professor Malgorzata Kozuch, a professor of European business law at Jagiellonian University, recalls that her mediation journey began when some students approached her in 2015, requesting her to coach them for a commercial mediation competition. The field was new to her as well, but she consented. The coaching assignment proved to be a new calling, and Professor Kozuch is now a certified mediator. She mediates disputes professionally in addition to her position at the University and her academic work, and regularly coaches the University’s entrants to the competition.

For the mediation community

One of the chief impediments to the development of mediation is its limited uptake by parties and practitioners, with lack of familiarity and comfort with the process being a major theorised cause. Though the tide is indubitably turning, the need is for systemic change. That is the function the competition performs: every year, it initiates a new cohort of lawyers into the ways of international commercial mediation. All of them may not choose to pursue it professionally, but they always carry the lessons with them. This ensures that when these students go on to become partners, general counsels and CEOs, when they become the decision-makers, they will, knowing its advantages, favour mediation.

Conclusion

Mediation presents a reckoning for the world of dispute resolution. However, it requires systemic change, touching all actors and structures. IBA-VIAC CDRC Vienna acts as a driver of that change, and to do so, relies on pioneering institutes committed to the development of consensual dispute resolution. Ciarb, as an institution dedicated to the advancement of effective dispute resolution, supports CDRC’s mission.

The 10th anniversary edition will take place from 10 July 2025 to 15 July 2025. Prospective sponsors, expert assessors, teams and volunteers can find more information on CDRC’s website and LinkedIn page, or may write to directors@cdrcvienna.org. Registrations for teams close on 31 January 2025, and for assessors on 14 February 2025.