This month, the report of the Global Pound Conference was published by Herbert Smith Freehills, Pricewaterhouse Coopers and the International Mediation Institute.
The report is based on a huge amount of data involving more than 4,000 people at 28 conferences in 24 countries across the globe in 2016 and 2017.
The report is likely to have a substantial and long-term impact on commercial mediation.
The four ‘Key Global Themes’ identified in the report are:
- Efficiency is the key priority of parties in the choice of dispute resolution processes. This requires thought and engagement to bring appropriate resolution in acceptable timeframes and at realistic costs.
- Parties expect greater collaboration from their external lawyers when interacting with them and their opponents. This represents a potential challenge to traditional notions of how lawyers should represent clients in disputes.
- There is near universal recognition that Parties to disputes should be encouraged to consider processes like mediation before they commence adjudicative dispute resolution proceedings and that non-adjudicative processes like mediation or conciliation can work effectively in combination with litigation or arbitration.
- In-house counsel are the agents to facilitate organisational change. External lawyers are reported to be – and perceive themselves to be – resistant to change, but a new generation of in-house counsel will challenge this resistance.
A copy of the report can be downloaded from www.globalpound.org