Guyana ADR Conference

2. 2 Guyana ADR Conference

3. 3 Start 9.00 -10mins Graham to Open and Introduce himself and allow James to Introduce himself Go around the room and get participants to introduce themselves House keeping issues (toilets, fire alarm, coffee etc) Start 9.00 -10mins Graham to Open and Introduce himself and allow James to Introduce himself Go around the room and get participants to introduce themselves House keeping issues (toilets, fire alarm, coffee etc)

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5. 5 The Centre for Effective Dispute Resolution (CEDR) 9.10-9.25: What is CEDR- 15 mins Slides 4 to 11 After slides show them around the office 9.10-9.25: What is CEDR- 15 mins Slides 4 to 11 After slides show them around the office

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15. 15 Agenda 9.20-9.30 Introduction to the Programme: James 10mins Slides 12-15 Give over view of the next three days 9.20-9.30 Introduction to the Programme: James 10mins Slides 12-15 Give over view of the next three days

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18. 18 Overview Day One: Mediation Core principles Confidentiality Without prejudice Voluntary Stages of mediation Preparation Setting up Exploration Negotiation Conclusion

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20. 20 9.30- 9.45: Issues board Exercise Explain Purpose: To make sure cover areas they want etc In groups of 2 take 5 mins to talk about at least one question you would like answered or one piece of information about ADR Come back to group and put them up on tandem Issues Board ( one in englidh and one in Arabic (one translator to write up) 9.30- 9.45: Issues board Exercise Explain Purpose: To make sure cover areas they want etc In groups of 2 take 5 mins to talk about at least one question you would like answered or one piece of information about ADR Come back to group and put them up on tandem Issues Board ( one in englidh and one in Arabic (one translator to write up)

21. 21 9.30- 9.45: Issues board Exercise Explain Purpose: To make sure cover areas they want etc In groups of 2 take 5 mins to talk about at least one question you would like answered or one piece of information about ADR Come back to group and put them up on tandem Issues Board ( one in englidh and one in Arabic (one translator to write up) 9.30- 9.45: Issues board Exercise Explain Purpose: To make sure cover areas they want etc In groups of 2 take 5 mins to talk about at least one question you would like answered or one piece of information about ADR Come back to group and put them up on tandem Issues Board ( one in englidh and one in Arabic (one translator to write up)

22. 22 Consumer Protection – types of assistance required when dealing with utilities Customer Service Billing/charging Equipment faults Mis-selling/misinformation Loss of service Delay in providing services Disconnection/reconnection Privacy Something else

23. 23 Characteristics of an Effective Consumer Dispute Resolution System Consumer focused Accessible Transparent and accountable Independent Fair Speedy Low cost Informal Inquisitorial Interative

24. 24 The importance of an effective dispute resolution system “It was to me never reason for irritation but rather a source of comfort when these bodies were asked to adjudicate on actions of my government and the Office and judged against it. One of the first judgements of our Constitutional Court, for example, found that I, as President, administratively acted in a manner they would not condone. From that judgement my government and I drew reassurance that the ordinary citizens of our country would be protected against abuse, no matter from which quarters it would emanate. Similarly, the Public Protector [Ombudsman] had on more than one occasion been required to adjudicate in such matters.” Nelson Mandela, 2000

25. 25 The importance of dispute resolution as part of an effective dispute resolution system for consumers and governments Quick Cost effective Informal and Flexible Wide range of settlement possibilities Helps maintain relationships Successful

26. 26 Dispute Resolution Systems Arbitration Mediation Ombudsman Schemes

27. 27 Negotiation Mediation Arbitration Ombudsman Participation of Parties Decision Maker Outcome Private/Public Voluntary/Non-voluntary Formality Procedure Enforceability

28. 28 Best Practice in the UK and USA UK Nominet (free mediation -> adjudication at a fee - > appeal at high fee) Office of Telecommunication Ombudsmen – Otelo (sorting it out informally -> formal decision) CISAS (Communications & Internet Services Adjudication Scheme), Energywatch National Mediation Helpline (Ministry of Justice initiative, low cost mediation, <50K) USA Public Utilities Commission in all states (PUCs) (regulates rates & services -> complaints)

29. 29 Relevance of ADR in liberalizing markets Case study dispute resolution programme for consumers in Kazakhstan

30. 30 Mediation

31. 31 Mediation definition (CEDR) "Mediation is a flexible process conducted confidentially in which a neutral person actively assists parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle and the terms of resolution."

32. 32 The principles Flexible Impartial Neutrality Voluntary Parties in control of decision making Confidentiality

33. 33 Mediator’s role Provides structure and process Provides help with communication Clarifies misunderstandings and misconceptions Builds trust in the process

34. 34 Introduction to ADR 9.50 Purpose of this section (5mins) to give an overview of what ADR is Provide a definition of ADR Look at the processes in detail and look at types of cases that are suitable for the different types of processes9.50 Purpose of this section (5mins) to give an overview of what ADR is Provide a definition of ADR Look at the processes in detail and look at types of cases that are suitable for the different types of processes

35. 35 9.55 What is ADR ( 10 mins) 1. At its widest ADR is defined as any process involving use of third party neutral as alternative to litigation This would include formal arbitration but exclude negotiation as a DR process Should bear in mind that 90% disputes in society are resolved by negotiation without resorting to the courts. Of the 10 % of those where court proceeding are started only 10% of them actually end up in trial. 2 Important to emphasize these processes are nothing new- most cultures have had informal ADR processes as part of their culture. As Civil Justice systems have got more complicated merely looking to formalise the us erof these processes within modern day legal system 3. Can be used alongside existing processes- led to different terminology Appropriate Dispute Resolution Primary Dispute Resolution ( Australia) Effective DR (CEDR) – the right process for the dispute 9.55 What is ADR ( 10 mins) 1. At its widest ADR is defined as any process involving use of third party neutral as alternative to litigation This would include formal arbitration but exclude negotiation as a DR process Should bear in mind that 90% disputes in society are resolved by negotiation without resorting to the courts. Of the 10 % of those where court proceeding are started only 10% of them actually end up in trial. 2 Important to emphasize these processes are nothing new- most cultures have had informal ADR processes as part of their culture. As Civil Justice systems have got more complicated merely looking to formalise the us erof these processes within modern day legal system 3. Can be used alongside existing processes- led to different terminology Appropriate Dispute Resolution Primary Dispute Resolution ( Australia) Effective DR (CEDR) – the right process for the dispute

36. 36 10.05 A graphical representation of the dispute resolution spectrum. (10mins) Slides 18 and 19 Negotiation on the left is entirely voluntary and informal, with no third party involvement. Moving across to the right the process become less voluntary, more formal have increasing third-party involvement.10.05 A graphical representation of the dispute resolution spectrum. (10mins) Slides 18 and 19 Negotiation on the left is entirely voluntary and informal, with no third party involvement. Moving across to the right the process become less voluntary, more formal have increasing third-party involvement.

37. 37 Reasons for encouraging mediation

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43. 43 Stages of mediation

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46. 46 Negotiation

47. 47 Negotiation styles Avoiding Accommodating Competing Co-operative/compromising Collaborative/principled/problem solving

48. 48 Approaches to ‘winning’

49. 49 Self interest and five negotiation styles

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58. 58 Elements of negotiation Types of negotiation styles: Competitive or hard-bargaining style Co-operative or soft bargaining style Principled negotiation

59. 59 Co-operative vs competitive Hard vs soft negotiation Principled negotiation The underlying assumptions

60. 60 What if other party does not adopt a principled strategy? Comparison of principled negotiation with hard and soft negotiation styles Negotiating tactics and strategies Claiming value Creating value

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68. 68 Cross-cultural communication (1) Culture Communication Low context Individualistic High context

69. 69 Cross-cultural communication (2) Collective Body language Listening Talking Decision-making

70. 70 Organising a mediation

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