June 27, 2018

June 2018 - International Committee

It is a great honor to be co-chairing the International Committee of the ABA Section of Dispute Resolution. We look forward to building on the great foundation that our predecessors have created and we hope to live up to their high standards.  

Our vision for the upcoming year is that the International Committee is able to reach out even further beyond its current borders to lawyers around the globe. Having two Co-Chairs who are based on opposite sides of the world, who have international mind-sets and have both previously worked in the USA, highlights the diverse possibilities that we can all explore together. 

Danny McFadden
dmcfadden@cedr.com.hk

“I look forward very much to further increasing the ABA’s good standing and profile in the Asia Pacific. The US legal system is highly regarded and many countries especially in Asia wish to learn from the experience, research and knowledge that lawyers in the USA possess and are willing to share. However, as we all know respect and learning has to be a two-way street and all jurisdictions are capable of bringing new ideas, cultural insights and innovation to the table. It is this flow of ideas and novel approaches to problems old and new which I find extremely exciting and engaging. So I am looking forward to working with all ABA friends and colleagues in the next twelve months.”

Danny is dually qualified as a lawyer both in Australia and the UK; he speaks Mandarin Chinese fluently and mediates regularly in Hong Kong and China. In 2009 he was appointed Interim Director of Mediation at the United Nations in New York and currently acts as the Regional Mediator Asia for the World Bank as well as representing CEDR in Asia. He has worked with people of all nationalities and understands the dynamics of mediating and arbitrating across national boundaries.

Lucy Greenwood
lucy.greenwood@greenwoodarbitration.com

“Having spent 11 years living and working in Houston, Texas, and being a relatively recent recruit to the ranks of a US attorney (I passed the Texas bar in 2016), I am thrilled to have this opportunity to work with ABA members to expand and develop our presence internationally. As an international arbitrator, a large part of my time is spent liaising with attorneys across the US and the globe and managing cultural differences that arise. Building on the global international network for disputes attorneys is my key aim for the International Committee and I am really looking forward to the challenges that are ahead”.

Lucy is an English national and an international arbitrational arbitrator, dual qualified in the UK and US. She spent 20 years practicing international arbitration with two major law firms, working in London, Paris and Houston, before establishing her own practice in 2017.

Second Report of the Section of Dispute Resolution Nominations Committee

The Nominations Committee has announced the nominees for Section of Dispute Resolution Officer and Council Positions.

The Nominees will be voted on by the Section Membership at the Annual Meeting of the Membership on August 4, 2018 at 2:00 pm CST in Chicago.

International Dispute Resolution Resource Center 

The American Bar Association’s Section of Dispute Resolution has selected Georgia State University College of Law as its partner to develop the International Dispute Resolution Resource Center (IDRRC). A brainchild of the Section’s International Committee, the IDRRC will be an online platform through which the Section can extend its success in fostering and supporting domestic conflict resolution programs and education into the international realm. After soliciting proposals, the Section decided to partner with Georgia State, based on the Georgia State Law’s demonstrated success in similar projects, faculty and staff support, and other dedicated resources.

Georgia State Law is home to the Consortium on Negotiation and Conflict Resolution (CNCR) and the Atlanta Center for International Arbitration and Mediation (ACIAM). Founded in 1987 as one of the first Hewlett Foundation-funded conflict resolution theory-building centers, CNCR serves as a multi-disciplinary clearinghouse and resource center on conflict resolution for partner institutions in Georgia and elsewhere. Established in 2015, ACIAM is a partnered project involving other Georgia law schools and the Atlanta International Arbitration Society (AtlAS). In addition to providing hearing space for international arbitrations and mediations in a custom- designed conference suite in the new law school facility, ACIAM organizes conferences and disseminates updates on events and activities of international dispute resolution agencies with which it maintains memorandums of understanding.

Under the supervision of its directors, Doug Yarn and Magaly Cobian, CNCR and ACIAM will jointly develop the IDRRC in collaboration with a working group of Section of Dispute Resolution leaders and interested academic and practitioner representatives from the US and abroad. During the next several months, the working group will establish appropriate protocols as well as the parameters, functions, and capabilities of the IDRRC. If you have comments, questions, or suggestions for the working group, please feel free to contact idrrc@gsu.edu.

Changsha to host the 3rd CCPIT International Mediation Summit on 11th of September 2018

As a non-conflict approach, commercial mediation plays a crucial role in resolving international disputes and establishing harmonious trade relations, which has attracted considerable attention from the international society, governments and the business world.

To explore ideas, worldwide dispute resolution approaches and to promote the multiple dispute resolution mechanisms under ‘Belt & Road’ initiative, the China Council for the Promotion of International Trade (the CCPIT) held 2 international mediation summits, in Beijing in 2016 and in Hangzhou in 2017, which received positive feedback in China and the rest of the world. The International Mediation Summit has become an important forum for mediators, arbitrators, lawyers and other legal processionals to exchange ideas and develop cooperation.

To further deepen communication and cooperation, the CCPIT will host the next International Mediation Summit 2018 in Changsha, Hunan province from the 11th to 13th of September. The welcome dinner will be on the 11th with the summit starting from 12th until noon of 13th. The summit will be supported and hosted by the China Ministry of Justice of the People’s Republic of China, the CCPIT and the Hunan Provincial People's Government, organized by the Department of Grass-roots Work Guidance of MOJ, the CCPIT Commercial Legal Service Center and the CCPIT Hunan, also supported by China Supreme People's Court, the China Law Society, the All Chinese Lawyers' Association and the Department of Justice Hong Kong SAR.

The summit’s theme is “Discussions on International Consulting and Dispute Resolution Mechanisms”, sub-topics include “Implementing the Belt & Road Initiative, Preventing and Resolving Trade and Investment Disputes,” “Constructing Multiple Dispute Resolution Mechanisms,” “Updates on the Development of Recognition and Enforcement of Mediated Settlement Agreements currently being undertaken by UNCITRAL,” “Domestic and International Commercial Mediation Case Sharing,” and “The Role of Lawyers under Consulting Dispute Resolution Mechanism.”

Mediators, arbitrators, judges, jurists, lawyers and other legal professionals are warmly welcome to join the International Mediation Summit 2018 in Changsha on September 11th.

When the Water is Not Under the Bridge

By Ila Lauren Addanki

In a lush and vibrant valley in the northernmost corners of India and Pakistan, an unassuming river flows through thick woods and fertile land. The river, known as the Kishanganga in India and the Neelam in Pakistan, sits along the Line of Control in the Kashmir region of India and Pakistan. This 245 kilometer-long river is a seat of much turmoil between India and Pakistan; countries which have historically experienced heightened political friction. Today, this tension is being exacerbated by the Kishanganga Hydro-Electric Plant (KHEP). Read more

The Monthly Missalette on Relational Practice

Tribe Think
By Louise Phipps Senft

I am just returning from a conference with the International Academy of Mediators in Scotland. I always feel like I’m with my tribe when I am among IAM practitioners. You know what I mean, that feeling you have too when you resonate with a group of people, a group that is easy to be with because you experience resonance, you vibe with each other, you like each other, you have things in common. I bet at least one personal or professional group comes to mind for you when you think about your tribe(s). Of course at the IAM, there was a good deal of discussion about US President Trump and the EU and China and Russia as well as about Prime Minister Theresa May and Brexit and Scotland. And there was a good deal of resonance and unison. After all, as a group of mediators, we shared many similar views. But. Not but. And. And, as a group of mediators from around the world, we also shared divergent views. Read more

Nominations Sought for ABA Section of Dispute Resolution Awards

Nominations for Section Awards are due no later than September 14, 2018. Visit the Section of Dispute Resolution website for additional information on the awards nominations processes.


D'Alemberte Raven Award

The Section’s D’Alemberte-Raven Award is the Section’s highest honor and was created to recognize outstanding service in dispute resolution.

This award was approved by the American Bar Association Board of Governors and was created to recognize outstanding service in dispute resolution. The award is usually presented in conjunction with the ABA Section of Dispute Resolution Spring Conference. The Section of Dispute Resolution honors Robert D. Raven and Talbot D’Alemberte by using their names in the award title. Both hold the unique position of being both ABA Presidents and Dispute Resolution Chairs. Both guided the Section to be a leader in the dispute resolution arena: D’Alemberte as the first chair (1976-79) of the then ABA Special Committee on Resolution of Minor Disputes and Raven as the first chair (1993-94) of the ABA Section of Dispute Resolution.

Submit a Nomination for the D'Alemberte Raven Award


Lawyer as Problem Solver Award

The John W. Cooley Lawyer as Problem Solver Award recognizes individuals and organizations that use their problem-solving skills to forge creative solutions. The award is given to an individual member of the legal profession and/or institution who has exhibited extraordinary skill in either promoting the concept of the lawyer as problem-solver or resolving individual, institutional, community, state, national, or international problems. Award recipients will be acknowledged for their use or promotion of collaboration, negotiation, mediation, counseling, decision-making, and problem-solving skills to help parties resolve a problem in a creative and novel way.

Submit a nomination for the Lawyer as Problem Solver Award


Award for Scholarly Work

The ABA Section of Dispute Resolution Award for Outstanding Scholarly Work honors individuals whose scholarship has significantly contributed to the dispute resolution field.

Nominations should address one or more of the following:

  • Nominee has authored a scholarly publication or a body of work exhibiting excellence in research, writing, and analysis.
  • Nominee has introduced new concepts in dispute resolution.
  • Nominee has embodied “scholarship in action” for a collective body of work that brings theory to practice in developing (for example) laws, uniform acts, codes of conduct, protocols, competitions, or new programs and services over a sustained period of time.

Submit a nomination for the ABA Section of Dispute Resolution Award for Outstanding Scholarly Work

16th Annual Advanced Mediation & Advocacy Skills Institute

October 25-26
Chicago, IL

Join the ABA Section of Dispute Resolution in Chicago for a two-day interactive institute featuring rare opportunities to learn from some of the leading mediators and advocates in North America.

Each plenary session panel will feature an expert mediator, in-house counsel, and skilled outside attorney discussing each phase of the mediation process. Small group discussions led by experts in the field follow each of the plenary sessions.

The opportunity for mediators and advocates to interact in small facilitated groups provides a unique environment to enhance your skill, knowledge and understanding of the mediation process.

Earn CLE credit while building your practice and advancing your skills to improve mediation outcomes!

Dispute Resolution member and Technology in ADR committee co-chair, David Larson, is currently in China where he will be making presentations on ODR and ADR in the United States.

His stops will include Tianjin University, Shanghai where he will speak to the international employment lawyers at the River Delta Law Firm concerning the use of collective bargaining as a dispute resolution process and talk to the Shanghai Arbitration Commission, the Wenzhou University College of Law and Politics, and the China University of Political Science and Law in Beijing where he will also be speaking to the Beijing Arbitration Commission.

David can be reached at david.larson@mitchellhamline.edu.

The Importance of Being Relational

By J. Kim Wright

In the Lakota cultures, there is an expression, “All my Relations” which reflects the belief that we are all connected. The South Africans have the philosophy of Ubuntu. In his 1999 book, No Future Without Forgiveness, Archbishop Desmond Tutu explains Ubuntu: “A person with Ubuntu…has a proper self-assurance that comes from knowing that he or she belongs in a greater whole and is diminished when others are humiliated or diminished.” Science also shows that we are all connected. Read more

Free Training for Working with Parties with Mental Health Needs

The Dispute Resolution in Mental Health Initiative recently launched free online resources to help dispute resolvers welcome parties with mental health experiences.

Please visit www.mhmediate.com/drmh to access them. These resources were developed by the CUNY Dispute Resolution Center and MH Mediate with funding from the AAA-ICDR Foundation.

We are looking for members to serve on the Online Programming Committee headed by Michael Russell to help in organizing and vetting proposed member benefit and CLE webinars.

If interested, please contact Linda Seely at Linda.Seely@americanbar.org.

 

The International Committee of the ABA Section of Dispute Resolution provides a broad range of topics and services to meet our members’ growing global interests.

The committee holds in-person and virtual meetings that help members who practice in existing and emerging forms of dispute resolution worldwide.

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The materials contained herein represent the opinions of the authors and editors and should not be construed to be those of either the American Bar Association or Section of Dispute Resolution unless adopted pursuant to the bylaws of the Association. Nothing contained herein is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. These materials and any forms and agreements herein are intended for educational and informational purposes only.