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Transparency, Sustainability, Diversity, and Ethical Practices in ADR


Mundi Mediatores builds upon the standards of excellence set by IMI, the International Mediation Institute, and recent contributions to the field like the Greener Arbitrations or  the Mediators’ Green Pledge, and the Universal Disclosure Protocol for Mediation (UDPM).  Integrating ESG and SDG standards into its services. The organization also offers in-depth information about prospective mediators and diversity in the choice regarding their background and practice models.


In this blog, we explore the impact of these commitments on finding a suitable mediator by having comprehensive information upfront and a deeper understanding about what you can anticipate from working with an ADR-Neutral.


Diversity and personality profiles of mediators

Stakeholders in dispute resolution are progressively demanding more diversity in their choices for hiring ADR-Neutrals, alongside different practice models that enhance efficiency and improve working relations. Currently, only 39% of users express satisfaction with the size and expertise of the proposed ADR-Neutral panels, and merely 56% are content with the information provided about each ADR-Neutral. Approximately 49% of users indicate that their comfort levels would significantly rise if they knew how to identify a competent and trustworthy ADR-Neutral. * However, a small fraction is aware of the existing databases and tools available to assist them in this regard. 


Mundi Mediatores (MM) can help by providing in-depth information about ADR professionals, their backgrounds, mediation style and personalities. 

As part of the shortlisting procedure the parties’ needs and expectations are discussed and assessed, and the mediators are interviewed before they are shortlisted. Besides this, psychometric analysis like crystalknows or an Intercultural Readiness Check can form part of the selection process. This gives rich information how ADR-Neutrals are likely to interact with the participants in a mediation.


The Universal Disclosure Protocol for Mediation (UDPM): mediator style and approach of the mediation

Dispute resolution stakeholders are progressively also seeking greater diversity in the choice of different practice models of mediators. The UDPM aims to inform parties about the mediator’s approach to mediation and what to expect during the process. This promotes transparency and a clear understanding of the process to empower and respect the choices of all participants.

Across different cultures and legal systems, there exists a variety of mediation styles and practices. However, the universal principle of self-determination, which emphasizes the right of parties to freely engage in the mediation process, is crucial. Any mediation style, when suitable for the situation, can be effective, while an incompatible style can be ineffective. Explore this concept through a case example and an overview of mediation styles and approaches in different countries in "How to successfully conclude an international mediation? 3 Tips for Party Advisors." [link naar blog op website Manonschonewille]


The UDPM covers key elements describing a mediator's style and approach to mediation:

  • Conflict of Interest

  • Confidentiality

  • General Process

  • Role of Mediator/Parties

  • Technology

  • Impact of Venue


ESG, SDG values and ‘Green practices’ in Mediation

There is a growing awareness of corporate social responsibility principles in Alternative Dispute Resolution (ADR), incorporating Environmental, Social, and Governance (ESG) factors. Investors assess the sustainability and societal impact of an investment in litigation or arbitration. Aligned with the United Nations Sustainable Development Goals (SDGs), **** these values promote responsible practices in addressing global challenges such as poverty, inequality, climate change, and justice. ESG and SDG values have led to initiatives like the Pledge for Greener Arbitrations [https://www.greenerarbitrations.com/about] and the World Mediators Alliance on Climate Change [https://womacc.org/], embraced by a new generation of ADR Neutrals.



Signatory of the Mediators Green Pledge

Mediators who are a signatory of the Mediators Green Pledge, demonstrate a commitment to minimizing the environmental impact of every mediation.


This includes encouraging eco-friendly practices like screen sharing or video technology when appropriate, preferring electronic correspondence, avoiding unnecessary hard copies, and selecting environmentally friendly venues for mediations, avoiding usage of single-use or plastic cups, etc..


For IMI Certified Mediators, being a signatory of the Mediators Green Pledge is an additional selection criterion. 


Mundi Mediatores assistance in interactive shortlisting: 

MM actively engages in a comprehensive shortlisting process. Here's an overview of how MM assists in shortlisting ADR-Neutrals through engaging an ADR process facilitator.


  1. Needs and expectations assessment:

  2. Comprehensive information gathering:

  3. In-depth interviews: A key aspect of MM's shortlisting process involves conducting interviews with potential ADR-Neutrals. These interviews delve into various aspects, including their experience, approach to mediation, and interpersonal skills. The parties and/or their (legal) counsel can participate in these interviews.

  4. Psychometric and intercultural fit analysis:

  5. Alignment with standards: MM ensures that the shortlisted ADR-Neutrals align with the high standards set by organizations like the International Mediation Institute (IMI) and offer sustainable practices e.g., by adhering to initiatives such as the Greener Arbitrations, Mediators’ Green Pledge, and the Universal Disclosure Protocol for Mediation (UDPM).

  6. Meeting to discuss mediator selection 

  7. The parties appoint the mediator: After the selection the mediator is contacted and takes over the process from there. 


By combining meticulous research, needs assessment, interviews, and innovative tools, Mundi Mediatores is dedicated to shortlisting ADR-Neutrals who not only possess the required experience and expertise but also resonate with the unique dynamics of each dispute and the participants involved. This commitment to personalized and informed shortlisting contributes to the overall success and satisfaction of the mediation process.


In summary

Mundi Mediatores endorses the UDPM and the Mediators Green Pledge, integrating ESG and SDG standards into its services. Collaborating with top ADR experts as process facilitators and on its international advisory board, MM assists diverse disputants, from large law firms in multi-million-dollar disputes to small businesses seeking quick solutions. The organization prioritizes "IMI Certified Mediators” using the UDPM and adhering to the Green Pledge principles, who are comfortable with online work, possess cultural skills, and have experience handling disputes of varying scales. 

These commitments reflect a dedication to ethical, clear, and environmentally conscious mediation practices, ensuring a positive impact on both the resolution process and the world at large.


The organization is dedicated to promoting transparency, sustainability, diversity, and ethical practices in the field of Appropriate Dispute Resolution (ADR). With a focus on providing comprehensive information about ADR professionals and processes, facilitating meaningful discussions about process needs and expectations, and incorporating innovative tools like psychometric analysis.


 

* SIDRA 2022 study. Client Users viewed diversity of gender (67%) and legal system or background (67%) as their highest priority while external counsels placed greater emphasis on diversity of ethnicity (71%), gender (57%) and nationality (57%). Pp 24-25; 40-41.

** Barometer of dispute resolution in Belgium 2022. A large-scale survey of the Belgian population.

*** ESG is a 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. 

SDG is a set of 17 global goals established by the United Nations General Assembly in 2015 as part of the 2030 Agenda for Sustainable Development.

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