Other International Initiatives
CPR's constituents are particularly concerned that there is more resistance to ADR procedures in certain regions of the developing world. This may stem from mistrust of what many developing countries view as a “Westernized” system, a lack of knowledge or lack of access to these procedures, or a lack of adherence to the Rule of Law in various parts of the world.
CPR believes that every effort to promote the appropriate use of commercial mediation, arbitration, and other strategies must be explored and encouraged. CPR has an unparalleled role in exacting these changes and is uniquely positioned to offer tools, resources and training which businesses in these areas can employ to resolve international disputes.
Numerous studies have demonstrated the link between economic development and reliable alternatives for fair and efficient dispute resolution. While certain markets are well-developed and have reliable institutions and processes for both arbitration and mediation in place, many emerging markets in regions such as Southeast Asia, Eastern and Central Europe, Latin America and the Middle East seek improved and consistent mechanisms for commercial dispute resolution as an integral part of their economic development activities. CPR is actively engaged in work to expand the availability of reliable systems of dispute resolution in these emerging markets.
The CPR Emerging Markets Mediation Growth Initiative is designed to encourage the growth of trustworthy commercial dispute resolution processes in emerging economies that are seeking to enhance their economic growth and ability to attract investment. Through the initiative, CPR is working with governmental organizations and NGOs in Brazil and the Asia Pacific region to build greater understanding of key issues and to develop and deploy mediation processes appropriate to user needs. To support ADR capacity in these regions, CPR conducts high-level conferences, provides training, and is building out its Panels of Neutrals with the expertise and understanding of these regions. This work helps CPR and its collaborators to enhance global capacity for effective dispute resolution processes. At the same time, CPR's work provides its members with a clear picture of the challenges and opportunities that face them in these regions.
RECENT WORK: BUILDING UPON SUCCESS:
In its initial phase (2009-2011), the Emerging Markets Initiative included a survey of attitudes towards mediation in Asia, building awareness of mediation in Asia, and the identification of qualified neutrals from emerging markets to CPR's Global Panel. Over time, the scope of the initiative was expanded to include work to develop a mediation culture in Brazil and to support the development of Online Dispute Resolution (ODR) by the United Nations Commission for International Trade Law (UNCITRAL).
Phase II of the Emerging Markets Initiative (2012-2014) built upon that foundation to further enhance mediation capacity:
Asia-Pacific: Building a network with resources to support capacity for commercial mediation:
- Initial meetings and development of alliances in Hong Kong and Brisbane, Australia (May 2012);
- Conducted and published “Survey on the Use of Mediation in the Asia Pacific Region” (2011-2013);
- High-level meetings in South Korea, Singapore, Hong Kong, Vietnam and Thailand with governmental representatives and NGOS, and representatives of organizations in Cambodia, India, Indonesia, Malaysia, Mongolia, Philippines, and Sri Lanka (Fall 2013);
- Initial work to develop mediation capacity in Vietnam under recent mediation law, with the goal of adaptation and replication in regional emerging economies (2013-2014).
- Co-organizing a February 2015 Pan-Asia Mediation Summit in collaboration with the ABA Section of Dispute Resolution, IFC, and the UNCITRAL Regional Center Asia Pacific, to provide a forum to convene regional leaders, address topics of substantive importance and support capacity building for commercial mediation.
CPR is currently in the planning stages for work designed to assure that its work to enhance global capacity for effective dispute resolution is sustainable over the long term. That work includes:
- Continued expansion of programs in Latin America to build acceptance and capacity in additional regions of economic importance;
- Future work with the UNCITRAL Regional Centre Asia Pacific and other alliances to enhance business mediation capacity in the region; and
- Continued support for UNCITRAL work, on topics including online dispute resolution and expedited enforcement of mediation settlement agreements.