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Dear Friends and Colleagues, Happy New Year and best wishes for 2012.
The International Committee of the ABA Dispute Resolution Section (DRS) is pleased to invite you to attend a special workshop, which will take place on April 21, 2012 in Washington DC (on the final day of the Section’s 14th Annual Spring Conference). In view of the success of our previous workshops, this event has been expanded to a full day, to provide more time for group discussion, to allow more in depth analysis of learning points from different countries, and to integrate different approaches to ADR. Attached please find a copy of the agenda for this event.
We are fortunate this year to be joined by a panel of experts on ethics, cross-cultural negotiation, systems engineering, neurobiology, mediation advocacy and medical ADR, who will be working with workshop participants to analyze and prepare a complex, multi-jurisdictional and multi-party “medical tourism” case involving a US patient who travels abroad for an intervention, and faces medical complications on returning home. We will be focusing in particular in how ADR processes may be shaped (possibly using hybrids) to adapt processes not only to reach a certain type of outcome, but also how to design and shape processes to be culturally suitable, and to conform to the parties’ budgets, deadlines and broader interests. We will also hear about various projects undertaken by the IC and will be holding our traditional "around the world in 45 minutes" session to be able to hear about new developments in ADR across the globe.
Please block the date in your calendars and register ASAP to attend. As usual, this workshop is offered free of charge to those who are registered for the DRS’ Spring Conference. It is also organized to overlap with the Legal Educators’ Colloquium Luncheon, enabling participants to attend that event as well (please note that separate registration is required for that lunch). For those of you who are not able to attend the ABA Spring Conference, but who would like to attend only this International Committee workshop, a special rate of US$150.00 (including the Legal Educators Lunch) is available. Room for attendance at this workshop is limited. Participants will be admitted on a first-come first-served base, so we ask you to please register for this workshop as soon as possible. We also look forward to receiving your views and feedback on the International Committee's projects, and welcome any new ideas or projects you would like to suggest.
Please register by clicking here or by cutting and pasting the following URL into your browser to register for this event: www.ambar.org/dr2012. The final agenda may be revised and will be sent out by e-mail with a copy of the case study only to participants having registered to attend this event, so please be sure to include and verify your email address when you Register.
We look forward to seeing you all in Washington, DC and encourage you to attend our workshop meeting. This year the Conference will include more than 100 concurrent programs presented by experts from across the globe. The programs will cover many aspects of mediation, arbitration, and negotiation, and is aimed at helping all lawyers, judges, ADR neutrals, advocates, teachers, scholars, business executives, students, administrators, and many others to grow their practices and benefit from up-to-date continuing professional development programs from leaders in the field of dispute prevention and resolution. For more information please visit the conference webpage at
Best regards,
Manon Schonewille, the Netherlands Jeremy Lack, Switzerland.
m.schonewille@acbfoundation.nl jlack@lawtech.ch Co-Chairs of the International Committee
P.S. Please note the following programs that may be useful to attend during the ABA conference, prior to this workshop:
· Concurrent Series A – 4: “Herding Cats: Effective Strategies for Mediating Complex Issues Involving Multiple Insurers”
· Concurrent Series B – 6: “Civil Discourse and Collaborative Governance: Lessons and Opportunities from Abroad”
· Concurrent Series C – 2: “The Neurobiology of International and Inter-Cultural Dispute Resolution”
· Concurrent Series D – 3: “The Checks, Balances, Threats and Opportunities in Cross-Border Commercial Mediation”
· Concurrent Series E – 6: “Ring-a-ling: Ethics and Trust in Telephone Mediation”
· Concurrent Series E – 8: “Emerging Opportunities to Resolve Disputes in Healthcare”
· Concurrent Series F – 5: “Dispute System Design in Comparative and Transnational Settings”
· Concurrent Series G – 1: “The future of Domestic and International Arbitration”
· Concurrent Series H – 3: “Dispute Resolution Design 2.0 - A Systems Engineering Framework for ADR Processes in Complex Disputes”
INTERNATIONAL COMMITTEE (“IC”) WORKSHOP
Hyatt Regency Washington on Capitol Hill
400 New Jersey Ave NW
Washington, DC 20001-2002
(APRIL 21, 2012 from 09.00 AM-6.00 PM)
Agenda
This agenda may be subject to change. The final agenda will be sent in early April to all registrants for this event, together with case study materials. As space is limited, participants will be admitted on a first-come, first-served basis. I. Welcome & Overview of International Committee Activities (09:00 – 10:00 AM)
a. Report from the Co-Chairs (M. Schonewille, NL & J. Lack, CH/GB/US/IL)
b. Special Projects Reports by Project Leaders
· The International Use of Collaborative Law Report (P. Kamminga US/NL & P. Cecchi Dimeglio-Kamminga US/IT/FR)
· ADR Systems Design Project for International Disputes with STEP
(L. Lopich & R. Sydney, AU) · Generating a Useful International Committee Website (G. Zanolla, US/IT)
· Organising Quarterly International Committee Webinars (H. Shaked, IL)
· International Questionnaire on Mediation, Arbitration and other forms of ADR (K. Marshall, BS & K. McCormick, AU)
II. Sample Tools and Techniques for Today’s Case Study (10:00-10:45 AM)
· IMI’s Cross Cultural Criteria and CFAs
· Hofstede’s Cross-Cultural Dimensions
· Trompenaars’ Cultural Dilemmas
· Lewis’ Intercultural LMR Model
· Neurobiological considerations (various models, e.g., Birke, Bogacz)
· Euwema & Abramson’s “Ten I’s” as Diagnostic Tools (Issues; Individuals; Interaction(s); Interdependency; Implications; Institutions; Interventions; Interests; Impediments; Information)
· Sydney’s System Engineering Considerations
· Moore’s Circle of Conflict
· Glasl’s 9 Steps
· IMI’s Decision Tree & Olé! Questionnaire
· Riskin grids
III. Coffee Break (10:45 – 11:00 AM)
IV. Case Presentation: Teams, Facilitators & Panel of Experts (11:00 -12:30 PM)
i. The Lawyers’ Perspective(s)
ii. The Neutral(s)’ Perspective(s)
iii. The Parties’ Perspectives
iv. Other perspectives?
Panel of experts (to be confirmed):
· H. Abramson, US (mediation advocacy)
· F. Bogacz, FR/PT/US (neurobiology)
· R. Dendorfer, DE (ADR in civil law)
· L. Riskin, US (techniques and approaches for neutrals)
· J. Roscoe, US (medical ADR)
· R. Sydney, AU (systems engineering)
· E. Waldman, US (ethics)
· J. Wijnands, VE/GB/BR/CO/NL (cross cultural)
V. Legal Educators’ Colloquium Lunch (12:30 - 2:00 PM)
VI. Diagnosis & Preparation of the Case Study (in small working groups, followed by coffee and plenary debrief with support of the experts) (2:00 – 5:00 PM)
Possible avenues to explore:
1. Interviews and pre-caucuses
2. Self-awareness (cultural, neurobiological, etc.)
3. Use of diagnostic criteria
4. Party diagnosis & cultural identifications
5. Context & environment
6. Stakeholder analysis
7. Stage of the conflict & its underlying causes
8. Use of pre-caucuses and caucuses during the process
9. Assessing the conflict through IMI’s CFAs or other intercultural models
10. Setting / discussing budgets and deadlines
11. Clarifying who will/should attend
12. Type of process and possible different approaches or expectations as to ADR
13. Type and number of neutrals and possible support
14. Clarifying roles and expectations of all participants
15. Preparing the parties and their counsel
16. Venue & social events
17. Mediation Agreement
18. Mediation briefs/Submissions (if any)
19. Questionnaires/Checklists to help the parties prepare (e.g., Olé!)
20. Use of experts
21. Use of interpreters
22. Hybrids
VII. Around the world in 45 minutes, open microphone (5:00-5:45 PM)
VIII. Closing Remarks and Conclusions (5:45-6:00 PM)
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