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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

The symposium is a gathering of dispute resolution specialists (attorneys, litigators, mediators, arbitrators, judges, expert witnesses, academics) and users of mediation to discuss issues in mediation, both common and diverse. The overall theme for the 2019 symposium is diversity in mediation from the perspective of dispute resolution professionals.

Schedule

Wednesday, 12 June 2019

Optional Early Arrivals Get Together

18.00

Those arriving Wednesday meet Ken Fields at the Front Desk to plan for a join evening meal.

Thursday, 13 June 2019

Welcome.

11.00-11.15

Joint Chairs:
Hon. Ken Fields (ret.)
Aloysius Goh (Asia Pacific)
Claudia Caluori (EMEA)
Alan Anderson (North America)

Opening.
Mediation in a Changing Climate

11.15-11.45

From consensus to confrontation? As we see increasing polarisation in various parts of the world, what role should mediators play in policy-making? Can mediators offer a different way of doing things?

Opening Speaker:
John Sturrock QC

Lunch

11.45-12.45

Panel 1.
Using Neuroscience and Behavioural Psychology in Mediation

13.00-14.15

Understanding the different cultural responses: Our understanding of what is described as neuroscience, and related fields, is growing exponentially. It seems critical for mediators to be aware of its importance and impact

Panelists:
Tim Allen Hicks
Teresa Frisbie

Panel 2.
Cultural Considerations in Mediation

14.15-15.30

Bias/Discrimination in Mediation and the Elimination/Recognition of these Biases, Recognition of Cultural Differences When You Have Mediations Involving Different Cultures:
--- recognizing & dealing with cultural, professional, or other biases
--- use of interpreters in mediation

Moderator and Speaker:
Lynn Cole

Speakers:
Kun Fan
Anne-Karin Grill
Eileen Clancy
Katarzyna Schubert-Paneck
Rima Fawaz El-Hussein

Coffee Break

15.30-15.45

Panel 3.
To Regulate or Not to Regulate

15.45-17.00

How rules may impact of the international practice of mediation:
--- No Regulation or minimalist regulation?
--- Need for Regulation-What is pressing need to regulate?
--- How to Regulate- By statute or private organizations(self-Regulation)
--- Does regulation chill or diminish mediation as effective dispute resolution tool
--- How mediation training changes the practice? What is the impact of different training in the conduct of cross-border mediation?
--- Guidelines in mediation training

Moderator and Speaker:
Federico Antich

Speakers:
Markus Dörig
Maryam Salehijam
Amelie Huber-Starlinger

Welcome Cocktail

18.00

Tour of Palace

18.45

Opening Dinner

19.30

Friday, 14 June 2019

Panel 4.
Professional Negligence Mediations

9.30-10.45

Medical, Legal or Mediator/Arbitrator Malpractice…how it is perceived in different jurisdictions

Moderator:
Thomas Clifton

Speakers:
Egidijus Langys
Janice Mulligan
Denise Asher

Coffee Break

10.45-11.00

Panel 5.
International Disputes

11.00-12.15

Current approach and new trends:
--- Enforcement of Mediated Agreements including International Disputes (UNICITRAL)
--- Mass Claims Cases
--- The Modernization of Mediation Rules and Guidelines within International Institutions (UNICTRAL, ICSID, ICC)
--- Investor State Mediation- or Cross Border Commercial Dispute Resolution

Moderator and Speaker:
Alan Anderson

Speakers:
Marie-Aude Ziade
Brahim Mouelhi
Andreas Hacke
Stefan Gerlach

Lunch

12.15-13.15

Panel 6.
Conduct of the Mediation

13.15-14.30

--- Joint Opening Sessions (Tool or Nightmare)
--- Confidentiality (How to handle confidentiality during the mediation & in the International Context)
--- Power Imbalances in Mediation
--- Use of Experts before/at/in the mediation
--- Reflective Practice

Moderator:
Ken Fields

Speakers:
David Nolan
Allen S. Goldberg
Carol Ludington
Greg Bertram
Krista Miller

Coffee Break

14.30-14.45

Panel 7.
Ethical and Cross-Cultural Issues in Mediation and Settlement Negotiations

14.45-16.00

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/or other ethical issues

Moderator:
Christof Siefarth

Panelists:
Patrick Baeten
Colin Campbell
Francis Law
James H. Gilbert

Saturday, 15 June 2019

Panel 8.
Technology and Mediation

9.30-10.45

--- Artificial Intelligence implications for mediators and other dispute resolution professionals
--- Cypher Security Concerns for mediators and other ADR professionals
--- State of Art for Online Dispute Resolution
--- A Blockchain World-Understanding for dispute Resolution
--- Smart Contracts

Moderator:
Claudia Caluori

Speakers:
Jack Russo
Jeff Bullwinkel
Anna Plevri
Kristianna Gasparjan

Coffee Break

10.45-11.00

Panel 9.
Mediating High-Emotion Disputes

11.00-12.15

--- Family Disputes such as divorces, family business disputes
--- Potential violence during the mediation (can these be effectively mediated)
--- Family Arbitration Model Act- Uniform Commission
--- Human Resources Mediations

Moderator:
Nancy Flatters

Speakers:
Tomoko Takase
David Horowitz
Orit Asnin
Harvey Berger

Lunch

12.15-13.15

Panel 10.
The Changing Faces of Mediation

13.15-14.30

Moderators:
Lynn Cole / Claudia Caluori

Panelists:
Umut Metin
Agnes Arlt
Aleksandra Weber
Linda Fitz-Alan
Michael H. Beckett

Piano Concert

18.00

Concluding Dinner

19.00

Official Event Carrier

Special offer: Discounted travel with Lufthansa Group Partner Airlines to/from SZG (Salzburg), MUC (Munich) airports

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Media Partners

Venue

Registered Delegates and Faculty

Denise Asher, Harvey C. Berger, Claudia Caluori, Colin F. Campbell, Lynn Cole, Markus Dörig, Kenneth L. Fields, Linda Fitz-Alan, James H. Gilbert, Allen S. Goldberg, Amelie Huber-Starlinger, Egidijus Langys, Janice F. Mulligan, Christof Siefarth, John Sturrock,