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Center for International Legal Studies

International Mediation Symposium

Salzburg, Austria, Thursday, 13 June - Sunday, 16 June 2019

Faculty Confirmation/Registration

Chair and Regional Chairs

Hon. Ken Fields

Aloysius Goh
Asia Pacific

Claudia Caluori
Europe, Middle East, Africa

Alan Anderson
United States and Canada

Draft Schedule

Panel 1. Cultural Considerations, Biases or Discrimination Aspects

Discussion/presentation of different cultural considerations in mediation, bias/discrimination in mediation and the elimination/recognition of these biases, recognition of cultural differences when you have mediations involving different cultures.

a. Recognizing & dealing with cultural, professional, or other biases

b. Use of Interpreters in mediation

Panel 2. Mock Mediation

Mock Mediation-Commercial Dispute/Family dispute (Divorce or Probate with Commercial overtones such as a family business or private held business interests at issue or workplace case). Is there a difference in mediation between the two major legal approaches to dispute resolution?

a. EU/Civil Code Jurisdiction Team

b. Common Law Jurisdiction Team

Panel 2a. Observations and Comments

Observations and comments by Mediators from Common Law and Civil Code Jurisdictions from the Mock Mediations

Panel 3. Regulation of Mediators

a. No Regulation or minimalist regulation?

b. Need for Regulation-What is pressing need to regulate?

c. How to Regulate- By statute or private organizations(self-Regulation)

d. Does regulation chill or diminish mediation as effective dispute resolution tool

Panel 4. When/Why Mediate or Why Not Mediate?

a. Mass claims cases

b. International Commercial Arbitration, investment treaties

c. Enforcement of mediated agreements including International disputes (UNICITRAL)

d. Schooling/preparing counsel & clients for mediation, generally & for the specific case (Recommendations for Advocates to Prepare for a Mediation from a Mediator’s Perspective)

e. Will Mediation, Arbitration or other non-law court dispute resolution processes destroy the practice or science or law as we know it? Is that a bad thing?

f. Internal Mediators-Customer service, labor disputes, HR issues

Panel 5. Conduct of the Mediation

a. Moving beyond Obstacles to Settlement

b. Power Imbalances in Mediation

c. Joint Opening Sessions-Tool or Nightmare

d. Confidentiality (How to handle confidentiality during the mediation & in the International Context)

e. Use of Experts at/in the mediation

Panel 6. Ethical Issues in Mediation

This panel would discuss the options and delicacies of doing a Mediation-Arbitration, Arbitration-Mediation and/or Arbitration-Mediation-arbitration by the same mediator/Arbitrator and/ort other ethical issues.

Panel 7. Technology & Mediation

a. Artificial Intelligence implications for mediators and other dispute resolution professionals

b. Cypher Security Concerns for mediators and other ADR professionals

c. State of Art for Online Dispute Resolution

Panel 8. Mediation Training

a. What & how much

b. Membership in Organizations or Independent Mediators

c. Neuroscience of disputes

Panel 9. Mediating High Emotion Disputes

a. Family Disputes such as divorces, family business disputes

b. Potential violence during the mediation (can these be effectively mediated)

Registered Delegates and Faculty

Denise Asher, Harvey C. Berger, Amelie Huber-Starlinger, Janice F. Mulligan,