by The GPC North America report predicts a changed approach to commercial conflict resolution in the North American market and states that routine use of litigation and arbitration does not meet business expectations, whereas mediation has become mainstream and is becoming the most universal conflict resolution process.
The International Mediation Institute – IMI – has published a report on commercial conflict resolution in North America – GPC North America. The report is the first of its kind and provides a snapshot of the commercial conflict resolution in the United States and Canada and comes on the basis of a series of conferences held in the United States and Canada with recommendations for future conflict management. The report is expected to lead to a changed approach to commercial conflict resolution in the North American market.
The report is based on data collected from conferences held in seven jurisdictions in the United States and Canada (Toronto, Austin, Baltimore, Los Angeles, Miami, New York, San Francisco) with the participation of parties, advisors, providers and decision makers including politicians.
Overall, the report indicates a shift to a more collaborative and holistic approach to conflict resolution and states that there is generally an increased demand for mediation and ADR, which meets the parties’ needs and a focus on continued collaborative relationships rather than litigation.
“A fundamental finding of this report is the call for a shift from litigation as ‘default’ to a more encompassing field of dispute resolution that tailors solutions to the need of the parties. “– Laura Skillen, Executive Director IMI
The report makes a comparison across the seven jurisdictions to identify key themes and general recommendations, which include recommendations for mandatory education in ADR in law and business schools, a shift towards more collaborative and problem-solving approaches to commercial conflict resolution, increased diversity and quality of ADR providers and not least legislation to support the spread and use of mediation and ADR.
“This report is particularly relevant in the era of the Singapore Convention and increased demand for the professionalization of mediation practice. It will drive policymakers and educators to develop appropriate regulations and curricula, and facilitate improved conversations between users and dispute resolution professionals.” – Laura Skillen, Executive Director IMI
The report is published in a collaboration between IMI and ICDR-AAA (The International Center for Dispute Resolution, the international division of the American Arbitration Association) and emphasizes that:
- the most skilled lawyers provide specific advice on which conflict resolution process would be best suited to a given dispute and its context.
- the attorneys who allow for collaboration and creative problem solving exceed their clients’ expectations.
- routine use of litigation and arbitration does not meet the expectations and needs of the parties, whereas mediation has become mainstream and is gaining increasing legitimacy.
- mediation is becoming the most universal conflict resolution process.
For further information on Global Pound Conferences, including the other GPC reports, please refer to IMI’s website: www.imimediation.org/gpc