Mediator Mallory Stevens sends the provocative summary of a recent meeting of the World Mediation Organization, via Maria Volpe’s ListServe (reproduced with Ms. Stevens’ permission):<\/p>\n
In early July, I was fortunate enough to attend the World Mediation Organization\u2019s inaugural World Mediation Summit and thought some of my fellow listserv members might be interested in having a flavor of the event. The conference was held July 1 – 4, 2014, in Madrid at the Escuela T\u00e9cnica Superior de Ingenieros Industriales (Industrial Engineering School) of the Universidad Polit\u00e9cnica de Madrid. The next scheduled, and newly renamed, \u201cWMO Symposia\u201d are to take place later this year in Hong Kong, Dallas and Manila, with a June 2015 WMO Symposium to be held in Berlin.<\/p>\n
The dream of Daniel Erdmann, Ph.D., of Berlin, director general and founder of the World Mediation Organization (WMO) and professor and director of the School of Mediation at Euclid University, the concept of these symposia was designed to gather ADR professionals from around the world to connect, share their expertise and discuss topics related to conflicts of cross-border and international interest. The initial conference drew more than 100 mediators, attorneys, barristers, judges, scholars and diplomats from 18 different countries, representing Europe, North America, South America, Asia, Australia, the Middle East and the Caribbean. The four days were replete with informative presentations, panel discussions and training sessions \u2013 as well as plenty of enlightening and invigorating networking.<\/p>\n
It appears that only relatively recently has mediation begun to be understood as \u201cimportant and necessary\u201d in Europe and other areas. Supportive legislation has even been enacted within the last few years. Here are but a few succinct, country-related highlights from some of the presentations.<\/p>\n
\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Romania: Pursuant to a 2006 law, mediation began to be organized as a profession. A 2008 European Union mediation directive has helped regulate services, quality of training, equal treatment, etc.; nonetheless, in the words of the representative from the Romanian Mediation Council, the only mediation regulatory agency in that country, \u201cRomania is still fighting for mediation.\u201d According to the representative, the country has 9,000 mediators, only a third of which are actually working. They\u2019re still in the process of promoting mediation everywhere, especially in mass media. The government is said to be uninterested in mediation, though the courts are more receptive. Currently, it\u2019s not considered constitutional to require mediation.<\/p>\n
\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Spain:\u00a0 Here too, the courts are beginning to appreciate the importance of mediation. A July 2012 regulation \u201cmade mediation a reality\u201d for civil and commercial disputes. Our conference host, the Escuela T\u00e9cnica Superior de Ingenieros Industriales, has formed an organization of mediation-trained engineers (Instituci\u00f3n de Mediaci\u00f3n de Ingenieros); thus far, 350 have been trained, all with at least 150 hours of training.\u00a0 Elsewhere, since 2006, there have been localized, restorative mediation activities for criminal cases. Valencia, a city of more than 815,000 inhabitants, has instituted a successful police mediation program; it\u2019s been catapulted into a \u201cProyecto Europeo\u201d (European Project), so as to share the model with other European countries, and has been working well in Italy and Greece, though not as well in Bulgaria.<\/p>\n
\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Greece: Although mediation has been practiced in Crete since the 13th century, Minoan era, efforts to institute mediation in Greece commenced only in 2007; 350 mediators have now been trained.<\/p>\n
\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Eastern Caribbean (9 states): As long as a lawsuit is filed, case management or a high court judge will refer cases to mediation; it\u2019s not compulsory, but if the court refers you, compliance is obligatory.<\/p>\n
\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Italy: There was no real mediation until 2009, when it became compulsory, and in 2010 the Italian Ministry of Justice adopted an executive regulation that called for easy access for all professionals; it involved a \u201clow-intensity,\u201d 50-hour training course and minimal requirements for mediator trainers. A \u201cchaotic\u201d situation ensued, with lawyers divided: While some have seen this as a new professional opportunity, the majority has considered mediation as a \u201ccalamity\u201d for their own businesses; they immediately boycotted it, even going on strike. Many other professionals expressed interest in mediation, seeing it as a way to supplement their earnings. Judges were initially confused and suspicious: \u201cOnly judges make justice. Mediators do something completely different that is not giving justice to people.\u201d In time, they changed their minds. An October 2012 law overturned a July 2012 law that had mandated mediation, due to the government\u2019s lack of power to impose it. Ultimately, in May 2013, the UE Commission gave its support to mediation and in August of that year enacted a new law that simply required parties to be informed about mediation prior to their initiating a claim. There is said to be poor quality of training, and increased demands from mediation with few resulting mediations.<\/p>\n
Some other interesting presentations and workshops included (presenters\u2019 countries indicated parenthetically):<\/p>\n
\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Mediating complex large group conflicts (Canada): Highlighted was a very challenging, client-services group conflict that involved forty employees, four managers and twenty-nine different ethnicities<\/p>\n
\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Cross-border divorce mediation and the \u201ctwo-day attorney-assisted model\u201d (USA): 98% of cases are resolved within two days<\/p>\n
\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Online dispute resolution (ODR) for mediation (India and UK): Challenges and benefits; new software and processes (ODR was frequently highlighted during the conference)<\/p>\n
\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Challenges experienced in restructuring complex programs with local governments in war zone environments (Afghanistan)<\/p>\n
\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Indigenous communities in India (Amnesty International) and other areas (Philippines and Myanmar): Circumstances, conflicts, protections<\/p>\n
\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Strategies for providing the non-violent resolution of international conflicts (Mediators without Borders): Capacity-building projects that build local organizational and peace-building skills, advocacy projects that promote the appropriate use of mediation worldwide, facilitating dialogue<\/p>\n
\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Applying psychology to conflict resolution (UK)<\/p>\n
\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The process and theory of mediation (Spain and Italy)<\/p>\n
\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Mediating complex cases for international corporations and nations (USA): Fortune 500 companies could take 4 – 9 months<\/p>\n
\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 \u00a0\u00a0Missing children of Europe \u2013 Family mediation involving transporting children beyond borders (Belgium): Of 700+ cases studied, 47% solved through amicable solutions; must be co-mediated<\/p>\n
\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Israeli-Palestinian conflict (Egypt and Palestinian Territories)<\/p>\n
\u2022\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Brains matter: The art and science of using the mind in conflict resolution — Neuroplasticity (USA): Every time you learn something new, it changes your brain! (Admittedly, this session was one of my personal favorites!)<\/p>\n
For more information about this valuable conference as well as upcoming WMO Symposia, you might wish to contact Dr. Erdmann directly at mail@worldmediation.org<\/a> or visit http:\/\/worldmediation.org\/symposia\/<\/a>.<\/p>\n
All the best,<\/p>\n
<\/p>\n
Mallory J. Stevens<\/p>\n
Mallory Stevens LLC<\/p>\n
Conflict Resolution Services<\/p>\n