Chambre de commerce, d'industrie et des services de Genève4, boulevard du Théâtre
What do commercial parties expect from their mediator?
Research conducted by Utrecht University (UU | ZAM | ACB 2018) suggests that commercial disputants are demanding and seek a broad range of professional mediation skills. They seek proactive dispute professionals who can support the parties not only as a process architect but also as a person who can pre-empt and understand their procedural needs. This is not only to achieve cheaper and better outcomes, but to do so in expedient ways that can take into consideration relationships, concerned stakeholders and a broader community of interests.
They also appreciate evaluative input on key issues, which commercial mediators should be able to help the parties address, whether by bringing in third party experts, or by providing opportunities for reality testing, mediator proposals or working with the parties in caucuses, as well as working in joint sessions to explore how to convert business risks into business opportunities.
Process design and knowing how to work effectively with clients and their lawyers are key features of commercial mediation. Knowing how to help them prepare, and the type of commercial mediation desired (e.g., facilitative, transformative, evaluative or a mixture of the above) is a skill that is required at all stages of a dispute: before it has arisen, in the early stages, in the mid stages, or the late stages of a commercial dispute. Both lawyers and companies who have been surveyed indicate that they are less likely to hire a generalist mediator as opposed to a commercial mediator who is able to work in a commercial environment, understanding and assisting the parties to identify and address their business interests looking to the future.
These findings are in keeping with earlier research conducted by the International Mediation Institute (IMI), which found that approximately 80% of companies wish to increasingly use commercial mediation to resolve internal and business-to-business disputes, whether domestically or internationally.
The Swiss Chamber of Commercial Mediation, Section Romandie (CSMC-R) is offering with the support of the Geneva Chamber of Commerce and Industry (CCIG) the first specialised course in commercial mediation with TOOLKIT Company, a Dutch ADR Training and Consulting Company. The training is recognised and approved by the CSMC/SKWM for 40 hours of specialised training in Commercial Mediation.
This course is developed for experienced lawyers and mediators (as well as young mediators in training), and all dispute resolution professionals seeking to develop skills in domestic and international dispute resolution. It is designed to provide practical skills and knowledge that will be of assistance in planning for and conducting commercial mediations.
While it is primarily aimed at providing specialized certification for commercial mediators, it is likely to benefit lawyers, in-house counsel, judges and arbitrators who are interested in knowing more about commercial mediation, including in mixed-mode procedures. For those who would like to receive a basic mediator training there is an online 40+ hour basic mediator training offered in May 2020 (for more information, please see here: http://toolkitcompany.com/training/training/16/become-a-qualified-mediator-and-effective-negotiator-online).
Ceci est un module avancé pour une spécialisation en médiation commerciale. Pour plus d'information sur le programme voir: http://toolkitcompany.com/training/page/71/topics-covered.
Manon Schonewille (NL)
Huub Liefhebber (NL)
Jeremy Lack (CH)
Chambre Suisse de Médiation Commerciale (Section Romandie)
en partenariat avec la Chambre de commerce, d’industrie et des services de Genève (CCIG)