Union Internationale des AvocatsInternational Association of LawyersUnión Internacional de AbogadosLisbonFriday, January 27 & Saturday, January 28, 2012PORTUGALUIA World Forum of Mediation CentresMeet the Officers of the World’s Leading Commercial Mediation CentresSeminar organised by the UIA Mediation CommissionAmerican Arbitration Association / International Centre for Dispute Resolution - Arbitration Court at the Bulgarian Chamber of Commerce and Industry - ADR Center - Aequitas ADR Asociación Mexicana de Mediación y Arbitraje Comercial - Beijing Arbitration Commission - Brussels Business Mediation Centre - Centre for Effective Dispute Resolution (CEDR) – CentreProfessionnel de Médiation - Chamber of National and International Arbitration of Milan - Chambre Suisse de Médiation Commerciale - Chambre vaudoise du commerce et de l'industrie Cour Européenne d’Arbitrage - InterMediation - International Chamber of Commerce - Centre de Médiation et d'Arbitrage de Paris - Centre de Résolution des Conflits – Concilia - ConciliationCentre of CCPIT/CCOIC - Consolat de Mar de Barcelona - CPR: The International Institute for Conflict Prevention and Resolution - Court of International Commercial Arbitration of the Chamberof Commerce and Industry of Romania - Euroarbitrage - Hellenic Mediation and Arbitration Centre - Henning Mediation and Arbitration - Hong Kong Mediation Council - Institut d'Expertise,d'Arbitrage et de Médiation - London Court of International Arbitration - Malaysian Mediation Centre – Mediation Centre of Thessaloniki Bar Association - Netherlands Mediation Institute –Organismo di Conciliazione di Firenze (OCF) – Resolutia Gestione delle Controversie - Slovenian Association of Mediators - Societa Italiana per la Risoluzione Alternativa delle Controversie- The Chartered Institute of Arbitrators - The Law Society of New South Wales - World Intellectual Property Organisation
IntroductionThe Forum of Mediation Centres was created in 2001 bythe Mediation and Conflict Prevention Commission of theUIA. It brings together the most important commercialmediation and ADR centres from around the world andoffers an occasion to exchange views on the developmentof ADR and best practices. It is also an occasion for centresto collaborate on specific programmes.The meeting in Lisbon will be the 16th since the creation ofthe Forum.In this meeting of the Forum we are exploring the allimportant topic of training for lawyers in mediation and how thatdiffers from litigation, looking afresh at the combined use ofmediation with arbitration in the light of recent developments,considering the continuing influence of the European UnionDirective on Mediation and in particular how countries relativelynew to mediation, like Portugal, Greece and Italy have reactedThursday, January 2619:00WELCOME COCKTAILOffered by Abreu AdvogadosAvenida das Forças Armadas, 125 – 12 Lisbon, Portugalto meet the challenge, including the perhaps controversial useof mandatory mediation. We will hear about the use of creativityin mediation, from new and experienced mediators on how doyou establish a successful mediation practice, how mediation isbeing increasing used in sports disputes, how mediation can beused to resolve disputes between the indigenous population andcommercial entities and the very important subject that allMediation Centres have to grapple with – exactly how do youselect suitable mediators for specific cases? As usual the Forumwill be interactive with ample opportunity for audienceparticipation and include the by now standard topics of Newsfrom the Centres and conclude with an optional session onhealthcare mediation.Yet again, if you want to remain at the forefront of the latestthinking in mediation and ADR this is an event you cannot affordto miss.
Friday, January 2708:30 - 09:00REGISTRATION OF PARTICIPANTSHotel Lisboa PlazaTravessa do Salitre / Avenida de Liberdade1269-066 Lisbon, Portugal09:00 - 09:30u Welcome and Opening of the SeminarHelena DE BACKER, President of the UIA Mediation andConflict Resolution Commission, DS De Backer & Bastin,Brussels, BelgiumMinistry of Justice Representative, Lisbon, PortugalPortugal Bar Representative, Lisbon, PortugalColin J. WALL, Co-President of the UIA World Forum ofMediation Centres, Global Mediation Services Ltd, HongKong, China09:30 – 10:30u Training of Lawyers in Mediation – Differences whencompared to LitigationLaw Schools and Continuing Professional Developmentproviders have processes for training lawyers in litigationskills that have been developed over many generations, oftenwith the support and encouragement of the legal professionand the judiciary. Training in non-adjudicative processes,particularly mediation, is a relative newcomer. Speakers inthis session will share their views on the significant differenceswhich characterise mediation training and where it fits in thedispute resolution curriculum.Rosemary HOWELL, Strategic Action, Sydney, AustraliaThierry BÉRIAULT, Institut de Médiation et d’Arbitrage duQuébec, Montreal, CanadaElena KOLTSAKI, Nemesis Law Office, Thessaloniki, GreeceGeorges FEGHALI, Cabinet Feghali, Beirut, Lebanon10:30 – 11:00COFFEE BREAK11:00 - 11:45u Med-Arb and Arb-MedWhat if any, is the role for Mediation in Arbitral proceedings?If Mediation has a role, can we define it? Our speakers willexplore this topic by looking at Institutional Rules,confidentiality matters, validity of awards, issues related tonatural justice and the extent of current practice.Joe BEHAN, Behan Dispute Resolution, Dublin, IrelandMark APPEL, International Centre for Dispute Resolution,Valetta, MaltaGiorgio GRASSO, Gelex, Rome, Italy11:45 – 12:45u From Theory to Practice, the Tricks and TrapsAccredited Mediators working in Belgium, France, Greeceand UK will give to the participants some expert tips andtricks, based upon concrete experiences. The purpose of thissession consists in describing plainly specific traps you mayencounter at each phase of the mediation, in order to helpyou to avoid or handle them efficiently.Fabienne VAN DER VLEUGEL, VDV Avocats, Serris, FranceNana PAPADOGEORGAKI, Attorney at law, AccreditedMediator, Athens, GreeceChristopher MIERS, Probyn Miers, London, UK12:45 – 14:15LUNCHHotel Lisboa Plaza14:15 – 15:30u Local Perspective on MediationAs private mediation is still in its early stages in Portugal, thespeakers will define the legal framework of mediation as wellas share their views on the current and upcomingdevelopments to be seen and expected regarding mediationin this country.Thomas GAULTIER, Abreu Advogados, Lisbon, PortugalAna GONÇALVES, Convirgente, Lisbon, PortugalJosé ALVES PEREIRA, Alves Pereira, Teixeira de Sousa &Associados, Lisbon, PortugalJoão CORREIA, Correia, Seara, Caldas e Associados, Lisbon,Portugal15:30 – 16:20u Matching Mediators to CasesThe mediator’s skill is of paramount importance for thesuccess of the mediation, but can any mediator mediate anycase? How do you find the right mediator for a specific case?Should the mediator have a background in the subject matterof the dispute? Who should decide; the parties or the
administering institution? The speakers will examine theseissues and current administrative practices in their mediationcenters and invite the participants to share their perspectives.Calliope SUDBOROUGH, International Chamber ofCommerce (ICC), Paris, FranceRoberta REGAZZONI, Chamber of National and InternationalArbitration of Milan, Milan, Italy16:20 - 16:50COFFEE BREAK16:50 – 18:00u Mandatory MediationIn implementing the European Directive on mediation, Italyintroduced mandatory mediation for a great number ofdisputes as a precondition to bringing proceedings in court.This has raised heated discussions within the country andgreat interest abroad. Is this against the spirit of mediation oris it in line with a general trend already established incommon law countries and spreading to civil law ones? Howdo you establish a mediation practice in such anenvironment? Our speakers will report from differentjurisdictions and stimulate a discussion on where the world ofmediation is heading to.Giovanni DE BERTI, De Berti Jacchia, Milan, ItalyJeffry S. ABRAMS, Jeffry S. Abrams – Attorney/Mediator/Arbitrator, Houston, TX, USAStefano PAVLETIC, Studio Pavletic, Milan, ItalyAlan LIMBURY, Strategic Resolution, Sydney, Australia20:00Dinner at Faz FiguraRua do Paraíso 15BLisbon, PortugalSaturday, January 2809:00 - 09:30REGISTRATION OF PARTICIPANTSHotel Lisboa Plaza09:30 - 10:30u Using ADR to Defuse Corporate-Community TensionsF. Peter PHILLIPS, Business Conflict Management LLC,Montclair, NJ, USAHarvard University, in conjunction with the United Nationsand the World Bank, has been studying the role of mediationin resolving tensions between multinational corporations andthe communities in which they operate. The study focuses oncorporate/community relations connected with ahydroelectric dam in rural Philippines; a copper mine inAndean Peru and oil extraction in the Niger Delta. A reportwill be presented on these efforts, and a film will be showndocumenting the work of mediation and facilitatednegotiation in these difficult problems. The stories areenlightening and unexpectedly moving.10:30 – 11:00COFFEE BREAK11:00 – 12:30u Sports Disputes - Mock MediationAndreea-Livia TURCULEANU, Turculeanu & StanciulescuLaw Firm, Craiova, RomaniaHelena DE BACKER, DS De Backer & Bastin, Brussels,BelgiumJorge VERISSIMO, BFV – Sociedade de Advogados, Lisbon,Portugal12:30 – 14:00LUNCHHotel Lisboa Plaza14:00 – 14:45u Creativity in MediationTo achieve the best results in mediation, mediators need to beable to encourage creativity in others and to express their owncreativity. This session will explore where our creativity as
mediators comes from and how we can tap into our inherentcreativity to enhance our skills.Jane GUNN, Corporate Peacemakers, Reading, UKAleksandra WEBER, Medical Doctor / Mediator, MediationWeber, Munich, Germany14:45 -15:30u News from the Centres – Future Business of the ForumAnyone willing to inform the Forum on new developmentsin a centre or in a jurisdiction, please inform Colin J. WALLin advance ([email protected] ).Participants will be invited to suggest new topics for futuremeetingsColin J. WALL, Co-President of the UIA World Forum ofMediation Centres, Global Mediation Services Ltd, HongKong, ChinaThierry GARBY, Co-President of the UIA World Forum ofMediation Centres, Avocat honoraire, Mediator andArbitrator, Paris, FranceOPTIONAL AFTERNOON16:00 – 17:30u Health Care GroupHealth is a major topic of the 21st century and healthcaresystems are facing challenges around the globe. Thestructures have to adapt to meet the needs locally andglobally in a holistic way. Pooling the expertise is a crucialway of saving valuable time for assuring quality anddelivering sustainable results. Cooperation is key to achievingrapid progress based on mutual trust and understanding.International dialogue in this field is essential. A newparadigm of partnership requires true collaboration and closelinks of different stakeholders in the healthcare system thatalso includes active conflict management concepts and ADRoptions.Aleksandra WEBER, Medical Doctor / Mediator, MediationWeber, Munich, GermanyJane GUNN, Corporate Peacemakers, Reading, UK20:00Optional Dinner at Lisboa à NoiteRua das Gáveas 69(Bairro Alto)Lisbon, Portugal15:30 – 16:00COFFEE BREAKOrganising CommitteeThomas GAULTIER / Pedro PAIS DE ALMEIDAAbreu AdvogadosLisbon – PortugalT 351 21 723 18 00F 351 21 723 18 99E [email protected] [email protected] J. WALLGlobal Mediation ServicesHong Kong - ChinaT 852 2575 5667F 852 2574 5236E [email protected] GARBYAvocat honoraireArbitrator and MediatorParis - FranceT 33 1 45 66 05 95E [email protected] VERISSIMOBFV – Sociedade de AdvogadosLisbon – PortugalT 351 21 391 32 50F 351 21 391 21 59E [email protected] InformationVENUE OF THE SEMINARHotel Lisboa PlazaTv. Salitre/ Av. Liberdade1269-066 Lisbon, PortugalT 351 213 218 218
REGISTRATION FEESThe registration fees for the Forum are290 until December 27, 2011 included340 from December 28, 2011 onwardsThese fees cover participation in the seminar, coffee breaks, lunches on Friday, January 27 and Saturday, January 28 and dinneron Friday, January 27, 2012. The Welcome Reception on Thursday night, January 26, is complimentary as it is sponsored byAbreu Advogados. The dinner on Saturday, January 28 is optional and an additional charge. Please note that the number ofplaces at the seminar is limited. The organisers reserve the right to refuse registrations in the event of excess applications.VISASAny person, who would like to receive a visa invitation letter to attend the Forum, should register and pay their registration fees,before December 27, to ensure there is enough time to obtain a visa. Only then it will be possible to benefit from areimbursement in case the visa is refused.* - **Should we receive your registration after December 27, 2011, only 50% of the registration fees will be reimbursed.Should your visa be issued after the seminar date, you will not be reimbursed.* 100% refund of the amount paid minus 50 (administrative costs).** We need to receive proof of refusal before we proceed with the reimbursement.CONTINUING LEGAL EDUCATIONEvery participant attending the seminar will receive a “Certificate of Participation” at the end of the event, that may be used forobtaining “Credits” for “Continuing Legal Education” - “Continuing Professional Development” purposes, depending on nationalrules. For more information, please contact the UIA Paris office.LANGUAGESThe working language will be English. There will be no simultaneous translation.HOTEL ROOM RESERVATIONA limited number of rooms have been pre-booked, at a preferential rate, at the hotels listed below. Reservations should bemade directly through the hotel. Credit card details must be given in order to secure your reservation. Please note that roomnumbers are limited, we recommend that you proceed with your reservations as soon as possible.HotelsRatesHotel Lisboa Plaza (4*)Tv. Salitre/ Av. Liberdade1269-066 Lisbon, PortugalT 351 213 218 218F 351 213 218 219E [email protected] Single RoomStandard Double Room85 85 Breakfast and taxes includedPlease download the hotel reservation form from our website: www.uianet.orgHotel Dom Carlos Liberty (3*)Rua Alexandre Herculano 131150-089 Lisbon, PortugalT 351 213 512 528F 351 213 520 272E [email protected] 70 Standard Single RoomStandard Double RoomBreakfast and taxes includedPlease download the hotel reservation form from our website: www.uianet.orgNOTEThe organisers may at any time, with or without giving notice, in their absolute discretion and without giving any reason, cancelor postpone the seminar, change its venue or any other published details.UIAT 33 1 44 88 55 66nF 33 1 44 88 55 [email protected]
Mediation Centres, Global Mediation Services Ltd, Hong Kong, China u Training of Lawyers in Mediation – Differences when compared to Litigation Law Schools and Continuing Professional Development providers have processes for training lawyers in litigation ski