Opening Plenary Session The Future of ADR in 2020 Michael Leathes

1. Opening Plenary Session The Future of ADR in 2020 Michael Leathes International Mediation Institute The Hague www.IMImediation.org

3. If you cut into the the past the future leaks out William S. Burroughs 1914-1997 American Novelist

4. Cut into the past • The Good, Bad and Ugly • Shared Vision • Springboard • Action Steps • Right Direction? • Payback by 2020 • Attitudes • Summary

5. Cut into the past • The Good, Bad and Ugly • Shared Vision • Springboard • Action Steps • Right Direction? • Payback by 2020 • Attitudes • Summary

6. Zi-gong Master, is there a single word that may serve as a rule of practice for all one’s life? Confucius Is not Reciprocity that word? Lunyu/Analects 475BC-221BC

7. The National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice St Paul, Minnesota, April 1976

8. Professor Nathan Roscoe Pound 1870-1964

10. Frank E.A. Sander Bussey Professor of Law, Emeritus Harvard Law School

12. [we should fear…] the deadening drag of status quoism Frank E.A. Sander Bussey Professor of Law, Emeritus Harvard Law School

13. Cut into the past • The Good, Bad and Ugly • Shared Vision • Springboard • Action Steps • Right Direction? • Payback by 2020 • Attitudes • Summary

14. Alternative Dispute Resolution Systematic Anticipation of the Future Deadening Drag of Status Quoism

16. IMImediation.org/ADR

17. 1. Established training & education tools and a good academic underpinning 2. Business schools are teaching negotiation-based ADR 3. Good advanced skills of ADR practitioners have developed 4. Different styles and techniques have emerged. The field is highly versatile 5. Increase in collaborative problem-solving (“mediation without a mediator”) 6. Judiciaries have increasingly embraced "ADR" in its various forms 7. Success and satisfaction rates are high 8. Arbitration institutions are embracing ADR processes way beyond arbitration 9. Governments and international organizations support ADR 10. Court schemes to “robustly encourage” ADR are on the increase

18. 1. Anyone can call themselves a "mediator", "collaborative lawyer", etc 2. Almost no professional bodies 3. Training standards vary & few result in a credible qualification 4. Field lacks transparency on standards, feedback & ethics 5. Few experience-generation schemes for new mediators 6. Inadequate diversity of gender and professional background 7. Broader practice fields are needed – eg human rights, CSR, investor/state, tax 8. Field perceived as “alternative” and overwhelmingly dispute focused 9. Few mediators strive for inter-cultural skills 10. Very slow take-up of ADR in some key sectors – eg intellectual property

19. 1. The field lacks effective leadership implementing a common global strategy 2. No shared vision or action plan 3. Financial investment in the field is grossly inadequate 4. Field is deeply fragmented and key players often fail to collaborate effectively 5. Failure to self-regulate will lead to government regulation 6. Complaint handling processes are not in place to back up codes of ethics 7. The limited PR in the field relies on unconvincing or no data, and is poor quality 8. Progress has relied too heavily on a top-down approach 9. Too few cases come spontaneously to ADR because few users understand ADR 10. Inertia and apathy too often feed the deadening drag of status quoism

23. Cut into the past • The Good, Bad and Ugly • Shared Vision • Springboard • Action Steps • Right Direction? • Payback by 2020 • Attitudes • Summary

26. Vision without action is a daydream Action without vision is a nightmare Japanese Proverb

27. 2020 Vision Mediation and other consensual problem-solving processes will be the primary way to avoid, mitigate and resolve conflicts throughout the world

28. Cut into the past • The Good, Bad and Ugly • Shared Vision • Springboard • Action Steps • Right Direction? • Payback by 2020 • Attitudes • Summary

31. A national professional body in every major country, which is not a competing service provider, and is dovetailed into a global network of national professional institutions

32. Cut into the past • The Good, Bad and Ugly • Shared Vision • Springboard • Action Steps • Right Direction? • Payback by 2020 • Attitudes • Summary

34. Action Plan 1. Professional bodies inculcate high level quality/ethical/CPD standards 2. Mediators/party reps credential to distinguish themselves professionally 3. Professional status will attract serious funding for professional bodies 4. Use funding to develop research culture & ethos 5. Funding used for excellent promotion to raise awareness among users 6. Develop greater diversity of practitioners, including specializations 7. Professional bodies to assume a convening role 8. Create experience generation schemes 9. Represent ADR profession to governments & regulatory agencies re law reform 10. Develop ADR teaching in schools, universities & business courses

35. Cut into the past • The Good, Bad and Ugly • Shared Vision • Springboard • Action Steps • Right Direction? • Payback by 2020? • Attitudes • Summary

40. Judge SundareshMenon Judge of Appeal, Singapore Attorney-General of Singapore 2007-2012 Chief Justice of Singapore as from November 6, 2012 Read the speech at: www.agc.gov.sg/documents/OpeningSpeech_ICCACongress2012.pdf

41. American Bar Association Mediation Committee Guidelines for an Effective Credentialing Program August 2012 • Clearly define the skills, knowledge & values • Ensure candidates have adequate training • Not administered by the training body • Consistent assessment process • Explain clearly what is being certified • Introduce transparent complaints handling + ABA is opposed to barring non-lawyers from being credentialed

42. Stay Within Budget Enhance Reputation Retain Control Generate Outcomes Increase Efficiencies Reduce Cost Greater Expectations from Users Reduce risk Increase certainty Move Faster Add Value Do more, NOW Outsource Integrity!

44. Cut into the past • The Good, Bad and Ugly • Shared Vision • Springboard • Action Steps • Right Direction? • Payback by 2020 • Attitudes • Summary

45. Users now spontaneously turn to ADR and negotiation to resolve disputes Quality & Value of ADR more easily understood/accepted by users Users choose to employ ADR techniques to make deals Widespread recognition that ADR is a true independent profession Increased use of mediation by Arbitration institutions Litigation becomes the new definition of “ADR” Work of ADR practitioners increases. More versatile practice develops Hybrids and other forms of consensual ADR become routine Explosion in visible use of mediation by Governments

46. Cut into the past • The Good, Bad and Ugly • Shared Vision • Springboard • Action Steps • Right Direction? • Payback by 2020 • Attitudes • Summary

47. Tina Monberg Director, mediationcenter, Copenhagen

49. www.ButterflyEffect.dk

50. Enablement Facilitation Connection Synchronization Growth Assertiveness Sustainability Empowerment Awaiting Butterfly Effect Image Servant Leadership Personal Leadership Individuality Market Collectivity Analysis More info: www.ButterflyEffect.dk & www.MediationCenter.dk