27 Sep 2018
The 11th annual Mediation Symposium held by CIArb on 12 September 2018, explored the theme of “Mastering Mediation.” Sessions examined various topics from CIArb’s new mediation rules to dynamic areas where mediation is seeing new growth.
Sir Alan Ward, former judge of Court of Appeals for England and Wales, set the tone for the day in his opening address. His call to the group was to remove the “A” from “ADR.” He reminded the crowd of the significant growth seen in the business sector, citing reports that over £3 billion have been saved by UK businesses in this year alone from utilising mediation. He highlighted parties’ attraction to mediation which stems from their ability to control their own destiny in an active way. Noting the old Japanese proverb that vision without action is a daydream while action without vision is a nightmare, he called for the group to take active in all areas of mediation practice, from academia to the judiciary. Finally, he called on the assembly to support the comprehensive use of meditation in all areas of society through the establishment of a regulatory body and a code of conduct.
Participants were able to choose from a menu of four workshops on a variety of topics for the day’s two sessions. Maria Arpa delivered her workshop with a hands-on demonstration of mediation between so called “high conflict parties.” Maria is the Founder and Chief Executive of the Centre for Peaceful Solutions which specializes in helping communities resolve conflicts between parties such as violent gangs, youth in schools, disputing neighbours, and even violent offenders in prisons. Her stories of how mediation can restore communities and relationship that seem hopeless inspired participants and sparked discussion of how to encourage mediation training for officials in the judiciary, police, and prison service.
In another workshop, led by the Head of the CMS Commercial Litigation Team, Tim Hardy FCIArb, led the group on a “journey” through the new CIArb Mediation Rules and Guidance. Participants looked at scenarios where the rules and guidance would be applicable and gave suggestions on further future updates based on situations they have each encountered.
Lawrence Kershen, QC, International Mediator at Doughty Street Chambers, discussed challenges and dilemmas mediators face in their practice and how to address them. And finally, Jane Gunn, FCIArb, FRSA, International Mediator and Chair of the CIArb Board of Management, led a workshop that discussed the concept of the day’s theme of “mastery” in mediation.
Together with David Richbell, FCIArb, Commercial Mediator and ADR Specialist, the workshop examined how mastery is achieved and how a mediation practitioner knows that they have successfully attained mastery.
Hosted by venue sponsor and CIArb Corporate Member, CMS, at their beautiful Cannon Street offices, the event drew rich discussions from an international crowd with a deep diversity of experiences in various jurisdictions and mediation arenas. Jane Gunn drew the event to a close with a recap of the day and final remarks which were followed by a lively networking and drinks reception.
Click here to view all photos from this event.
29 Nov 2023Joint intervention success as Churchill judgment allows the courts to order parties to mediate
In a significant moment for mediation, the highly anticipated Churchill judgment overturns the decision in Halsey, confirming it is not a breach of human rights to integrate mediation into the court process and, where appropriate, to order parties to mediate. CMC, Ciarb and CEDR joined forces to intervene in the case, arguing strongly for this outcome.
16 Nov 2023Ciarb intervenes twice during UNCITRAL WG III’s latest session
In a lively session focusing on the establishment of an advisory centre in international law and cross-cutting issues, Ciarb intervened twice on behalf of members.