International and Comparative ADR

International Mediation: What Makes It Different?

Experienced international mediators will facilitate an interactive presentation designed to elicit and highlight the particular issues encountered when mediating an international case (based on family law situations).  These issues include language, culture, and foreign law differences; communication logistics; enforcement and payment issues; and the role of different mediation philosophies, approaches, and techniques.  Discussion will be enlivened with slides that illustrate case scenarios taken from current headlines and events.  This PowerPoint presentation will include multiple choice questions to the audience and a system to register and reflect the audience's answers (anonymously) in percentages.

Stephen J. Cullen, Miles & Stockbridge, P.C., Washington, DC
Melissa A. Kucinski, Global Family Mediation, Mountain View, CA
Hadrian N. Hatfield, Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Potomac, MD

 

New Governance and Humanitarian Aid

With growing awareness of the devastation wreaked by major natural disasters, alongside developments in information technology and regional and global integration of governance networks, the parameters of humanitarian aid are becoming more global. At the same time, recent experience has shown that the success of humanitarian aid efforts is ultimately measured by the extent to which local actors are effectively involved in decision making processes concerning relief efforts. Understanding the role of such emergent virtual and actual networks of states, international organizations, civil society groups and private actors in humanitarian post-natural disaster health and nutrition aid therefore requires a new understanding of the interplay between law, globalization and governance. Such an examination extends the discussion of new governance scholars to the peripheries of global decision-making.

Shahla Ali, The University of Hong Kong, NA, NA, Hong Kong SAR

 

Web-Based Interdisciplinary Dispute Resolution Environment (WIDRE)

This presentation demonstrates the value of a web-based secure technology tool set for planning, hosting and executing complex geographically dispersed dispute resolution sessions. Through access to secure virtual meeting rooms hosted “in the cloud” and multidisciplinary expertise, conflict management professionals can successfully collaborate using the power of the Internet, efficiently and profitably.  This system accommodates the unique character of each dispute, the location of the parties, witnesses, documents and experts for an effective, efficient and successful process.  The presentation consists of an interactive problem solving exercise and the demonstration of a collaborative approach to web based dispute resolution.

Larry Bridgesmith, Lipscomb University Institute for Conflict Management, Nashville, TN
Ross Sydney, Ross Sydney Defence & Aerospace Strategic Services Pty Ltd, Canberra, Australia
John Peters, University of Tennessee, Knoxville, TN
David Schumann, University of Tennessee, Knoxville, TN
Deborah Katz, Washington, DC
Daniel Rainey, National Mediation Board, Washington, DC

 

If You Build It They Will Come: Building Mediation in Developing Countries

This program will include interactive full-group discussion, break-out group work with hypothetical scenarios and full-group debriefing and working out practical proposals for designing and developing a business and trade mediation program for a country with a developing legal system and international business and trade.  Participants will share and use their experience, knowledge and ideas to brainstorm and focus in the full-group debriefing on what is learned and what we might do with that learning to develop practical proposals for mediation development and training in developing countries.

Stephanie Stobbe, Dept. of Conflict Resolution Studies, Menno Simons College, Univ. of Winnipeg, Canada, Winnipeg, MB, Canada
Lilian Vargas, Fundacion Instituto de Mediation (FIMe), Resistencia, Chaco, Argentina
Charles Crumpton, Crumpton & Hansen, LLLC, Honolulu, HI
Koschina Marshall, Univ. of the West Indies/College of the Bahamas Law Program, Nassau, Bahamas, West Indies
Cornie Ng, Supreme Court of Singapore, Singapore, Singapore

 

ADR Initiatives in the Developing World: Lessons from the Field

In the face of enormous court backlogs, developing nations have increasingly turned to ADR and ADR experts from the U.S. for answers.  But how easily do “Getting to Yes” style principles translate to legal traditions very different from our own?  What other political, professional, and legal reforms must be considered before ADR can make effective inroads?  What ethical issues are raised by the exportation of ADR to the developing world?  Using case studies drawn from the panelists’ experience in Africa, the Middle East, Asia, Eastern Europe, and the South Pacific, this panel will explore these and other increasingly important questions.

Hiro Aragaki, Loyola Law School, Los Angeles, CA
Donna Stienstra, Federal Judicial Center, Washington, DC
Robert Levy District Court for the Eastern District of New York, Brooklyn, NY
Stephanie Smith, Lecturer in Law, Stanford Law School, Oakland, CA

 

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