Surveys 2010-2014

Surveys 2010 - 2014

  • Each year the World Bank is updating a Doing Business Monitor for all countries worldwide, one of the criteria is the ease of enforcing contracts, a very interesting data base in terms of access to justice. on the WB's home page an i-app is downloadable the report data of 2014 can be found here.
  • IMI International Corporate Users ADR survey. January-March 2013. 
    On IMI’s website a summary report as well as a presentation is downloadable. The main conclusions are:
    • Users want more information about mediators and arbitrators.  They want evidence that their competency has been independently assessed, they want them to belong to professional organizations that are not service providers, and to subscribe to rigorous Codes of Practice in ADR that render them subject to disciplinary processes - like any other mainstream professions.
    • Past experience with mediators and arbitrators is vital to selection decisions - whether that experience is the user's own, or that of their counsel, or of previous users of the neutrals under consideration captured in independently-prepared feedback summaries (for which a strong demand was identified).
    • Arbitration providers are expected by three quarters of corporate users to be proactively encouraging parties to mediate their disputes, and almost half want Courts and Tribunals to make mediation "compulsory" in both litigation and arbitration.
    • Three quarters of corporate users want mediators to be more proactive/assertive as opposed to purely facilitative (there may be a cultural element in this result as the Survey did not ask responders whether they had actually experienced both types of mediation).
    • Almost half the corporate users surveyed found their outside counsel to be an impediment to the mediation process, and only 14% felt their lawyers were not a barrier to mediation, in contrast to the views of outside counsel when asked the same question. Over 80% of users expect their outside counsel to have been trained in mediation advocacy skills.
  • The Cost of Non ADR – Surveying and Showing the Actual Costs of Intra-Community Commercial Litigation - SURVEY DATA REPORT - 2010. Part of the project LAWYERS IN ADR, which was funded by the EU. More information about the project as well as a video explainign the mediation process in all languages of the EU as well as an e-book on mediation advocacy in various languages and country reports can be found on the projects dedicated webpage.
  • Dispute Resolution in London & the UK 2010. Report on dispute resolution services other than litigation provided by organisations in the UK. Published on www.thecityuk.com, September 2010.
  • 2010 International Arbitration Survey: Choices in International Arbitration. One of the largest empirical studies undertaken of corporate attitudes and practices international arbitration. The report extensively with what drives the decisions of corporations about the law governing the substance of the dispute, the seat (i.e. legal place) of arbitration, the arbitration institution, the arbitrators and other main aspects of the arbitration. White & Case. Executive summary and full report available.
  • Swisspeace Working Paper, Money Makers as Peace Makers: Business Actors in Mediation Processes. The first publication resulting from the Swisspeace project on “Exploring the Role of Companies in Mediation Processes”. Another publication will follow soon. In case of queries you can contact Ms. Rina Alluri.
  • Living with 'ADR': Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations, Stipanowich, Thomas and Lamare, J. Ryan, (February 19, 2013). Harvard Negotiation Law Review, Forthcoming; Pepperdine University Legal Studies Research Paper No. 2013/16. Available at SSRN.
    This article summarizes and analyzes the results of the 2011 Fortune 1,000 survey, compares current data to the 1997 results, and sets both studies against the background of a half-century of evolution. The article concludes with reflections on the future of corporate dispute resolution and conflict management and related research questions. In an article on mediate.com the authors speak about a quiet revolution of mediation and predict that this study may be seen in the future as the tipping point where mediation is overtaking arbitration.

  • Corporate Counsel - March 06, 2014. Use Mediation Training to Be a Client-Centered Lawyer.Kathleen A. Bryan.