State Mediation

Starts 10 Nov 2022
10:00 CET
Online event
Led by James Claxton
Registration is €150
Registration Now Open

This course provides a survey of mediation and conciliation involving States. The virtues of mediation are no less manifest in disputes with State parties. States, like businesses and people, have little to gain in protracted, adversarial proceedings that harm relationships with State and private partners. Yet disputes with States have distinctive features.

About this training

Please note that this Master Class is 8 hours.

  • Part 1 takes place on 10 November 2022 from 10 am – 2 pm CET
  • Part 2 takes place on 17 November 2022 from 10 am – 2 pm CET

Content

This course provides a survey of mediation and conciliation involving States.

The virtues of mediation are no less manifest in disputes with State parties. States, like businesses and people, have little to gain in protracted, adversarial proceedings that harm relationships with State and private partners. Yet disputes with States have distinctive features. The pressures of public accountability and transparency, for instance, may weigh more heavily on States than businesses. Responsibility for dispute management within a State may be shared by different governmental bodies with different objectives. States may expect more formality in process, and State agents may face political pressures that militate against negotiated settlements.

An appreciation of the features of State-related disputes may make mediators more effective when working with State parties and public authorities. To this end, we consider the rules, instruments, and institutions that support investor-State mediation and State-State mediation. We examine the nature of State acts and explore how public interests can be reconciled with private interests in mediated negotiations. We also evaluate how third-party interests, including those espoused by civil society organizations, can be accounted for in State-related mediations.

Learning outcomes

Active participants who complete the course should:

  1. Understand distinctive features of mediation and conciliation with States and public authorities
  2. Recognize legal, political, and policy obstacles to negotiated settlements with States
  3. Appreciate how international institutions, treaties, and tailored procedural rules support mediation with States
  4. Gain insight into how to manage diverging interests between businesses, civil society organizations, States, and State agents
  5. Identify practical steps that can be taken to prepare for and effectively manage State mediations
  6. Develop mediator skills through role-play exercises involving States

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James Claxton
Japan
James is a mediator, arbitrator, and law professor at Rikkyo University in Tokyo. He previously practiced international dispute resolution at law firms in Paris and was legal counsel at the International Centre for Settlement of Investment Disputes of the World Bank in Washington.

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