Conference on Dispute Resolution In International Science And Technology Collaboration

2. Conference on Dispute ResolutionIn International Science And Technology Collaboration Conference on Dispute Resolution In International Science And Technology Collaboration Hon. Alice D. Sullivan (Ret.) Hon. Alice D. Sullivan (Ret.)

3. “A process” not “a meeting” Definitions Mediation is a process in which an impartial third party facilitates communication and negotiation and promotes voluntary decision making by the parties to the dispute. Problem solving negotiation Facilitated legal negotiation What is Mediation

4. Interest Based Priorities - Create Value Not position based Enlarge The Pie More Choices Than Court/Legal Determination Identify and Meet Underlying Interests Repairing/Restoring the relationship More business to be done? Self-Determined Resolution of Parties Voluntary, un-coerced Goals of Mediation

6. Written terms are a contract Can become an Arbitrator’s Award Stockholm Chamber of Commerce Request to confirm the settlement agreement in an arbitral award WIPO Rules Consent Award - Article 65 WIPO Arbitration Rules International enforcement NY Convention on the Recognition and Enforcement of Arbitral Awards (Treaty) Enforcement

7. Neutral / Impartial What is neutrality in a cross-border dispute? UNCITRAL: Third country China: One from each country; joint resolution Geography: Location of the mediation Facilitator: In Charge of the Process Improve Communication Promote Voluntary Decision Making Role of the Mediator

8. By The Parties By An Organization (WIPO) Selecting The Mediator

9. Disclosure / Rules “A relationship that might create the appearance of bias” Pre-Hearing: Ex Parte The Shape of the Table Who / When / Where / What Issues Standards of Conduct

10. Process Expertise or Subject Matter Expertise Experience, Training, Certification, Panels, Language, Cost, Location Interpersonal Skills: Communicator Establish trust with the Parties, between the Parties Empathetic listener Quick learner Creative Risk taker Tenacity Qualifications

11. Introduction By Mediator Confidentiality All decision-makers present? Set tone By Parties Opening statement Issues Identify / Clarify / Analyze Interests Identified Shared / Compatible / Conflicting Stages of Mediation

15. Generate alternatives Separate inventing from evaluating Synergy of ideas Evaluate Establish legitimacy What’s fair? Develop Fairness Criteria Stages of Mediation

16. Commitment Realistic terms Durable Satisfies interests Legitimate Elegant simplicity Written agreement Enforceable Stages of Mediation

17. What Mediation Looks Like WhatMediation Looks Like

18. Room A 9:00 a.m. M M = Mediator

19. Room A 11:00 a.m. M Room B M = Mediator

20. Room A M 1:00 p.m. Room B M = Mediator

21. Room A 4:00 p.m. M M = Mediator

22. Finished Document 6:00 p.m.

23. Attend With/Without Counsel Assert / Explain Documents / Charts / Diagrams Active Listening Listening to understand vs. Listening to respond Walking in their moccasins Generate Options Evaluate Options Decision Makers Prepare for a future without litigation Role of the Parties

24. Prepare the Client(s) Interest / Priorities / Feelings Prepare the Mediator Briefs / Pre-mediation Conference Generate Options and Evaluate Advise Clients Prepare Documents Role of Counsel

25. UNCITRAL Make proposals for settlement at any stage of the conciliation AAA Article 13(a) and (b) WIPO Mediation Rules Mediator’s Proposal If / When Investigator - ExpertsOslo Chamber of Commerce “The Mediator, in cooperation with the Parties, shall see to it that an Agreement is made.” Impasse

27. Term Sheet e.g.: License fees for how long; Escalating payment structure Formal Agreement Fill in the Blanks Settlement Documents

28. Reduce uncertainty Preserve relationship Confidential Rules e.g. Article 14 to 17 WIPO Mediation Rules Contract Court Cost effective Efficient Why Mediate?