Mediation is set to be a growing trend, according to panelists at a workshop on resolving disputes with ADR, which was held on Monday.
The panelists said that mediation that is more cost-effective and easier to arrange than other forms of ADR, and also provides a practical approach and is more flexible. It has the added bonus of confidentiality.
Gregory Gulia, a mediator from US firm Duane Morris who was one of the speakers, said that mediation is “less combative than litigation” and it can “do some things that courts can’t do”.
“It is becoming much more popular especially in the US. All the mediations that I have worked on have been settled,” he added.
Katrina Burchell from Unilever in the UK gave an in-house and European perspective. She highlighted that the European Commission is working on a European Union Mediation Directive, which will have a set of uniform tools that will advise parties on how to make the most of mediation. However, she noted that mediation has yet to take off in other parts of the world, such as eastern Europe and the Middle East.
Burchell added that the UK Intellectual Property Office has started providing mediation services in some areas and is expecting more interest.
José Barreda from Peruvian firm Barreda Moller said that mediation is not yet that popular in the Latin American countries as it is not encouraged by the judicial authorities and has no constitutional support, but that does not mean that it does not take place. “While a decision in arbitration is enforceable such as a court decision, mediation is treated as any other transactional agreement,” he said.
