How Mundi Mediatores services meet user needs: the latest research findings
In this blog, we'll explore the importance of mediator selection for business users
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Finding the right mediator
Finding the right mediator and best process for your case
Did you know that users report that their level of comfort to use mediation increases further if they know how to find a competent and trustworthy mediator?
Mundi Mediatores is a broker connecting supply and demand in ADR (Appropriate Dispute Resolution), which leads to faster, cheaper, better outcomes; while fulfilling the specific procedural and outcome-oriented needs of each party. You don't have to rely on word of mouth when searching for a mediator. Mundi Mediatores (MM) provides names of experienced and qualified mediation professionals after evaluating and interviewing them for your case. You can appoint the mediator that fits from their experience, mediation approach and personality.
In particularly in cross-border cases, companies and their lawyers find it challenging to identify a recommended mediator that fits their needs, and they also do not always have all the knowledge to design a mixed-mode process.
As a catalyst we support companies and their lawyers to connect with the other party and encouraging early engagement and open dialogue regarding procedural choices (e.g., would mediation work in this case with these parties). Discussing this, creates a common ground and avoids adversarial approaches from the outset. Breaking through the mediation paradox*.
* The mediation paradox: Companies express a preference for mediation and a desire to reach faster, cheaper and better outcomes. However, in practice, most companies resort to traditional litigation or arbitration processes due to various obstacles.
Mundi Mediatores: Aligning needs and standards of excellence
Mundi Mediatores is a matchmaker that worldwide connects supply and demand in ADR by focusing on the users’ specific procedural and outcome-oriented needs, without all the costs or limitations associated with institutional mediation.
The organization builds upon the standards of excellence set by IMI, the International Mediation Institute, and recent contributions to the field like ESG considerations,* the Mediators’ Green Pledge, and the Universal Disclosure Protocol for Mediation (UDPM).
The organisation is not an ADR services provider and does not compete with existing service providers. Rather, it is designed to work in a complementary way with them, by meeting user demands through offering new services and thereby lowering hurdles to initiate mediation.
In addition to helping the parties select mediators and design and implement optimal ADR processes, working collaboratively with a broad range of ADR institutions and ADR-Neutrals, Mundi Mediatores can help the parties plan a budget to finance their disputes by working with other ADR catalysts like InnovADR.
* ESG, Environmental, Social, Governance, is set of practices (e.g., policies, procedures, metrics) used to assess business practices and performance on sustainability and ethical issues and a framework that organizations can use to limit negative impact or enhance positive impact.
Mundi Mediatores: meeting users needs
Changes that users would like to see in dispute resolution:
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Greater efficiency
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More cooperation as opposed to adversarial behaviour
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Relationships (including reputation) are increasingly valued and can significantly affect the legal positions a party is willing to take in a commercial dispute
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Gender, nationality and greater cultural diversity in the pool of mediators and arbitrators.
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Full self-determination when entering into a mediation process, including how the process will be handled, disclosure procotcols instead of rigid codes of conduct.
=> Obtaining more information about ADR professionals, their backgrounds, personalities and mediation approach beforehand -
Mixed mode approaches and combining evaluative or adjudicative ADR proceedings (e.g., arbitration) with non-evaluative or non-adjudicative ADR proceedings (e.g., mediation); allowing the parties to experience the best of all processes.
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Experienced ADR-Neutrals who are specialised and have both subject matter or industry-specific expertise and procedural expertise. This enables them to be flexible and proactive in using their subjectmatter and procedural expertise.
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Contacting the other party
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Greater awareness of corporate social responsibility principles in ADR, including Environmental, Social, and Governance (ESG) factors
MM is actively dismantling the barriers to accessing mediation, while at the same time ensuring mediation is carried out in a sustainable and transparent way.
Services
Mediator Search
Improved ways of selecting ADR-Neutrals to resolve commercial disputes. We aim to provide shortlists of leading practitioners, qualified and suitably experienced IMI-certified mediators.
This service is available both for ad-hoc as well as institutionally-administered dispute resolution proceedings, and independently of any mediator office affiliations. Thus ensuring that top-tier mediators from anywhere around the world who are aligned with the parties’ procedural and outcome-oriented needs are proposed for each case.
We provide comprehensive interactive shortlisting under the guidance of an ADR process facilitator, and also a quick (written) mediator selection procedure.
Process Diagnostics & Design | Mixed Modes Processes
Early case assessment and tailored process design that are best suited for the particularities of each dispute and the procedural preferences of the disputants.
This can focus on the best type of mediation process, and also include “mixed mode” proceedings combining amicable and non-evaluative processes (e.g., mediation or negotiation) with evaluative and adjudicative processes (e.g., expert determinations, litigation and arbitration).
Process design is provided in dialogue with both parties by a ADR process facilitator: an experienced mediator who is mediating the process.
User engagement; convening disputants
To prevent an adversarial approach early on, a Mundi Mediatores ADR process facilitator can on your behalf contact the counsel and other party or parties whose participation is required to resolve the dispute to propose mediation; or to seeks to convene a meeting to discuss their procedural needs, interests and options for resolving the matter in a constructive manner.
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