JAMS International panellists to speak at 14th Annual Spring Conference for ABA Dispute Resolution

18/4/2012 - 21/1/2012
Washington, DC United States

18-21 April 2012
14th Annual Spring Conference

Program Descriptions featuring JAMS International Panellists:

International Perspectives on Judicial Dispute Resolution
Thursday, April 19, 2012
10:00 - 11:15 a.m. - Concurrent Session A

This session will discuss and update the work of an International Research Collaborative (IRC) in Comparative Judicial Dispute Resolution (the work undertaken by Judges to encourage, direct, or engage in settlement processes for civil litigation, including judicial conciliation and mediation). This IRC has been recognized and approved by the Law and Society Association and includes more than twenty five scholars, judges and practitioners from many countries. Some countries have a long history of judicial involvement in settlements and facilitated discussions and this is viewed as an accepted and important part of the judicial role. In other jurisdictions, there is more discomfort with judicial dispute resolution and the role of a judge may be perceived as more appropriately limited to adjudication. The participants In the IRC are drawn from Asia, North America, Europe, and South Africa. The session will be highly interactive, consisting of a facilitated discussion among the participants and outreach to the audience. It will cover judicial dispute resolution in a number of countries, including the important question of what sort of responsibility judges have to oversee the work of their delegates, such as magistrate judges, special masters, staff mediators, roster mediators.

Archie Zariski, Athabasca University, Athbasca, AB Canada
Donna Stienstra, Federal Judicial Center, Washington, DC
Bobbi McAdoo, Hamline University School of Law, St Paul, MN
Machteld Pel, JAMS International & Pel Mediation, 6824 KJ Arnhem, Netherland

The Neurobiology of International and Inter-Cultural Dispute Resolution
Thursday, April 19, 2012
2:45 - 4:00 p.m. - Concurrent Session C

What is the impact of culture on the brain, on our biological drivers and social behaviors? Is there a way to discriminate what is cultural, individual, or contextual in our behaviors? How does this apply to dispute resolution? This workshop will present culture in a new light and in a new context. The workshop is intended to help participants develop an awareness of their own cultural preferences, and discover possible cultural influences that may shape their preferred style of conflict resolution, or their behavior when acting as a neutral or as counsel in a cross-cultural dispute. This workshop will also present exciting new discoveries in neuroscience and cognitive science, explaining key different pathways in emotional, cognitive and social neural assemblies. It will identify differences and commonalities between cultures from a neurobiological perspective. A “neuro-compass” will finally be presented as a possible tool that may help ADR professionals to prepare for and plan their interventions in inter-cultural disputes. This workshop is intended to help all ADR professionals who have to deal with cultural diversity to reflect upon their practice, develop new skills and improve their self-awareness.

François Bogacz, Neuroawareness Consulting Services, San Diego, CA
Jeremy Lack, JAMS International, Geneva, GE Switzerland

Case load Trends in China: A Look Into the Future of Asian Arbitration and Mediation of International Commercial Disputes
Thursday, April 19, 2012
2:45 - 4:00 p.m. - Concurrent Session C

In the world's second largest economy many significant international commercial disputes are arbitrated and mediation is receiving greater attention as a means to resolve these disputes. Some of the world's leading experts in Chinese-foreign dispute resolution including the Secretary-General of CIETAC (China International Economic and Trade Arbitration Commission), both the Secretary-General and the Past Chairman of HKIAC (Hong Kong International Arbitration Centre), the Dean of the Shanghai University School of Law, and the Executive Director of JAMS Arbitration Practice, an arbitrator with significant experience in both CIETAC and HKIAC cases, will address: What kinds and numbers of international or foreign-related cases are being arbitrated in China, both Mainland China and Hong Kong? Can foreign parties receive fair hearings and enforceable awards in China? Do they perceive that they can? What is the record of award enforcement in China? What recent legal developments in China have affected arbitration and mediation? Is mediation of commercial disputes more likely in China in the future? Is Mainland China or Hong Kong more suitable for arbitrating particular cases due to legal requirements or procedural differences?

Joan Grafstein, JAMS, Atlanta, GA
Jianlong YU, CIETAC, Beijing, Beijing China
Chiann BAO, Hong Kong International Arbitration Centre, Hong Kong, Hong Kong Hong Kong
Sibao SHEN, School of Law, Shanghai University, Shanghai, Shanghai China
Neil Kaplan, Mallesons Stephen Jaques, Hong Kong, Hong Kong Hong Kong
Robert Davidson, JAMS and JAMS International, New York, NY

The Checks, Balances, Threats and Opportunities in Cross-Border Commercial Mediation

Thursday, April 19, 2012
4:15 - 5:30 p.m. - Concurrent Session D

Following the May 2011 deadline for the implementation of the EU Directive on cross-border mediation and the June 2011 UN Resolution strengthening the role mediation in settlement of disputes, ADR is fast climbing the international agenda. While sound in principle, mediating between parties from different legal systems speaking different languages with different expectations of ADR all pose difficulties. With no uniform approach to enforcement of settlements and confidentiality, what does the future hold for cross-border mediation? To shed some light on these issues, we bring together some of the world’s leading mediators from the United States, Italy, Romania and Belgium, moderated by the managing director of cross-border ADR provider, JAMS International.

Antonio Sanchez-Pedreño Kennaird, JAMS International & Instituto Español para la Mediación, Madrid, Madrid Spain
Lorraine M. Brennan, JAMS International, London, London United Kingdom (Great Britain)
Constantin Adi Gavrilă, JAMS International & Craiova Mediation Center, Craiova, 200345 Dolj Romania
Ivan Verougstraete, JAMS International & Belgian Cour de cassation, Brussels, Brussels Belgium

From a Few Thousands to a Million Cases, Annually: The Italian Mediation Explosion
Thursday, April 19, 2012
4:15 - 5:30 p.m. - Concurrent Session D

The session will focus on the particular situation of Italy where, after the implementation of the new Mediation Law (Legislative Decree 28/2010) the number of mediations is rising exponentially and is expected to reach one million per year. In fact, in implementing the 2008 European Directive on cross-border mediation the Italian lawmakers decided to go beyond voluntary mediation and made mediation, in a variety of civil and commercial cases, a condition precedent to trial. The law aims to reduce the incredible backlog of civil cases pending in Italy (more than 5.6 million) and to shorten the average eight-year duration of civil case. No such reform can occur without opposition. Indeed, while the mediation industry has gone from 20 accredited mediation organizations to over 450 in less than 12 months, Italian lawyers have gone on strike several times already and filed a case with the Italian Constitutional court to quash mandatory mediation. The session will present the key regulatory features of the Italian system and numerous data. The ensuing discussion will cover also ongoing legislative initiatives in other EU countries to follow the Italian model.

Giuseppe De Palo, JAMS International & ADR Center, Rome, Italy

Difficult Issues for Arbitrators: What Would You Do?
Friday, April 20, 2012
10:00 - 11:15 a.m. - Concurrent Session E

An interactive program will address a series of hypothetical scenarios arising in arbitration before and during the evidentiary hearinging , all of which require immediate action by the arbitrator. Some scenarios are not covered by arbitration law or rules.The problems will challenge, engage and inform the audience and prepare arbitratorso for difficult situations. The scenarios ae applicable to contractual arbitrataion in all areas of the law. The audience will be asked to propose solutins before the panelists comment. Each scenario will be addressed briefly to permit discussion of many diverse sitguationms . Time will be reserved ofr the audience to propose other scenarios. All panelists are experienced commercial arbitrators.

William Fitzgerald, American Arbitration Association, Los Angeles, CA
Richard Chernick, JAMS and JAMS International, Los Angeles, CA
Hon. Kathleen Roberts (Ret.), JAMS, New York, NY

Programme Dates:
18-21 April 2012

Location:
Hyatt Regency Washington on Capitol Hill
400 New Jersey Ave., NW
Washington, DC, USA 20001

For more information or to register, visit
www.abanet.org