FEATURE STORY November 21, 2017

Three New Guides on Commercial Mediation: Good for Debt Resolution, Good for Governance

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“Disputes are part of life, and we all experience them sometimes. They give us an opportunity to solve problems and to improve relationships, but they carry a risk of being destructive if not managed well.” - Mediation Series: Mediation Essentials (Washington, DC: IFC/World Bank Group, 2016)

Developing countries increasingly recognize mediation as an efficient, private, flexible and non-adversarial alternative to the formal judicial process of resolving contractual disputes, which in many countries tends to be slow and arduous.

Mediation has been widely used in most advanced economies for over 40 years as an alternative method of dispute resolution. The World Bank Doing Business Report indicated that 174 economies recognize voluntary mediation or conciliation as a valid method of resolving contractual disputes, in addition to formal courts. Mediation offers many benefits, such as reduced legal costs, prevention of future or full-fledged litigation and the flexibility in finding a solution to the dispute based on mutual parties’ interest, rather than solely on legal rights. 

Now developing countries are adopting mediation to resolve a wide range of issues, from workplace disputes and simple contractual disputes between businesses, to disputes between financial institutions and consumers, complex multi-party negotiations between creditors and corporate debtors in the context of approaching insolvency. Informal techniques, such as voluntary mediation, may enable a more efficient informal workout process in corporate restructurings, as explained in the World Bank Group’s “Toolkit for Out-of-Court Workouts”.

Over the last eight years, the World Bank Group has been working with emerging economies to help them incorporate commercial mediation in their legal system – from training professionals on mediation techniques to helping governments and judiciaries develop relevant laws and regulations.


"I am proud to have first-class practical material in Arabic on mediation. There is very little available on the market, and these publications will enable users, mediators and policy-makers to gain a deeper understanding of the topic."
Dr. Eman Mansour
Director, Investors’ Dispute Settlement Center, GAFI, Egypt

To consolidate the accumulated knowledge in a comprehensive manner, the World Bank Group has published the Mediation Series, which consists of three-related guides to help policymakers, organizations and practitioners build mediation practice and culture within their countries’ financial, business and legal sectors.

Mediation Series includes three guides: Mediation Essentials, Integrated Conflict Management Design Workbook, and Making Mediation Law.

Mediation Essentials is an introductory guide to Alternative Dispute Resolution (ADR), focusing primarily on commercial mediation.

The guide provides a detailed overview of how to manage disputes through ADR, how to make most out of a mediation process, what value professional advisors (such as lawyers) can bring, what guiding principles and ethics rules are, and what contractual documents are used in mediation.

The second book in the series, Making Mediation Law gives policy-makers a robust perspective on how to design an effective mediation policy and legislation. Many governments are designing or reforming their mediation policy and law. Since mediation regulation around the world involves a diverse range of regulatory actors and may take flexible regulatory form, guidance in this area is in high demand but it’s scarce. The only other comprehensive resource on this issue is the UNCITRAL Model Law on International Commercial Conciliation and its Guide.

The Making Mediation Law guide outlines best-practice regulatory approaches, and it gives policymakers, lawmakers and other stakeholders a step-by-step guide to shaping an effective mediation policy that addresses the needs of the jurisdiction and transforms it into mediation law.

The third guide in the series, Integrated Conflict Management Design Workbook, offers a step-by-step guide on how to develop a formal and best practice conflict management system, and integrate it into an organization. It contains case studies and activities for a practical approach.

The publication of the Mediation Series is a culmination of more than eight years of World Bank Group experience in implementing commercial mediation reforms globally and, specifically, in the Middle East and North Africa. World Bank Group specialists, external dispute resolution experts and mediation practitioners with extensive experience in the field of commercial dispute resolution collaborated on the series.

"I am proud to have first-class practical material in Arabic on mediation. There is very little available on the market, and these publications will enable users, mediators and policy-makers to gain a deeper understanding of the topic," says, Dr. Eman Mansour, Director, Investors’ Dispute Settlement Center, GAFI, Egypt.

To consolidate the accumulated knowledge in a comprehensive manner, the World Bank Group has published the Mediation Series, which consists of three-related guides to help policymakers, organizations and practitioners build mediation practice and culture within their countries’ financial, business and legal sectors.

Mediation Series includes three guides: Mediation Essentials, Integrated Conflict Management Design Workbook, and Making Mediation Law.

Mediation Essentials is an introductory guide to Alternative Dispute Resolution (ADR), focusing primarily on commercial mediation.

The guide provides a detailed overview of how to manage disputes through ADR, how to make most out of a mediation process, what value professional advisors (such as lawyers) can bring, what guiding principles and ethics rules are, and what contractual documents are used in mediation.

The second book in the series, Making Mediation Law gives policy-makers a robust perspective on how to design an effective mediation policy and legislation. Many governments are designing or reforming their mediation policy and law. Since mediation regulation around the world involves a diverse range of regulatory actors and may take flexible regulatory form, guidance in this area is in high demand but it’s scarce. The only other comprehensive resource on this issue is the UNCITRAL Model Law on International Commercial Conciliation and its Guide.

The Making Mediation Law guide outlines best-practice regulatory approaches, and it gives policymakers, lawmakers and other stakeholders a step-by-step guide to shaping an effective mediation policy that addresses the needs of the jurisdiction and transforms it into mediation law.

The third guide in the series, Integrated Conflict Management Design Workbook[NPM2] , offers a step-by-step guide on how to develop a formal and best practice conflict management system, and integrate it into an organization. It contains case studies and activities for a practical approach.

The publication of the Mediation Series is a culmination of more than eight years of World Bank Group experience in implementing commercial mediation reforms globally and, specifically, in the Middle East and North Africa. World Bank Group specialists, external dispute resolution experts and mediation practitioners with extensive experience in the field of commercial dispute resolution collaborated on the series.

"I am proud to have first-class practical material in Arabic on mediation. There is very little available on the market, and these publications will enable users, mediators and policy-makers to gain a deeper understanding of the topic," says, Dr. Eman Mansour, Director, Investors’ Dispute Settlement Center, GAFI, Egypt.

To consolidate the accumulated knowledge in a comprehensive manner, the World Bank Group has published the Mediation Series, which consists of three-related guides to help policymakers, organizations and practitioners build mediation practice and culture within their countries’ financial, business and legal sectors.

Mediation Series includes three guides: Mediation Essentials, Integrated Conflict Management Design Workbook, and Making Mediation Law.

Mediation Essentials is an introductory guide to Alternative Dispute Resolution (ADR), focusing primarily on commercial mediation.

The guide provides a detailed overview of how to manage disputes through ADR, how to make most out of a mediation process, what value professional advisors (such as lawyers) can bring, what guiding principles and ethics rules are, and what contractual documents are used in mediation.

The second book in the series, Making Mediation Law gives policy-makers a robust perspective on how to design an effective mediation policy and legislation. Many governments are designing or reforming their mediation policy and law. Since mediation regulation around the world involves a diverse range of regulatory actors and may take flexible regulatory form, guidance in this area is in high demand but it’s scarce. The only other comprehensive resource on this issue is the UNCITRAL Model Law on International Commercial Conciliation and its Guide.

The Making Mediation Law guide outlines best-practice regulatory approaches, and it gives policymakers, lawmakers and other stakeholders a step-by-step guide to shaping an effective mediation policy that addresses the needs of the jurisdiction and transforms it into mediation law.

The third guide in the series, Integrated Conflict Management Design Workbook[NPM2] , offers a step-by-step guide on how to develop a formal and best practice conflict management system, and integrate it into an organization. It contains case studies and activities for a practical approach.

The publication of the Mediation Series is a culmination of more than eight years of World Bank Group experience in implementing commercial mediation reforms globally and, specifically, in the Middle East and North Africa. World Bank Group specialists, external dispute resolution experts and mediation practitioners with extensive experience in the field of commercial dispute resolution collaborated on the series.

"I am proud to have first-class practical material in Arabic on mediation. There is very little available on the market, and these publications will enable users, mediators and policy-makers to gain a deeper understanding of the topic," says, Dr. Eman Mansour, Director, Investors’ Dispute Settlement Center, GAFI, Egypt.

To consolidate the accumulated knowledge in a comprehensive manner, the World Bank Group has published the Mediation Series, which consists of three-related guides to help policymakers, organizations and practitioners build mediation practice and culture within their countries’ financial, business and legal sectors.

Mediation Series includes three guides: Mediation Essentials, Integrated Conflict Management Design Workbook, and Making Mediation Law.

Mediation Essentials is an introductory guide to Alternative Dispute Resolution (ADR), focusing primarily on commercial mediation.

The guide provides a detailed overview of how to manage disputes through ADR, how to make most out of a mediation process, what value professional advisors (such as lawyers) can bring, what guiding principles and ethics rules are, and what contractual documents are used in mediation.

The second book in the series, Making Mediation Law gives policy-makers a robust perspective on how to design an effective mediation policy and legislation. Many governments are designing or reforming their mediation policy and law. Since mediation regulation around the world involves a diverse range of regulatory actors and may take flexible regulatory form, guidance in this area is in high demand but it’s scarce. The only other comprehensive resource on this issue is the UNCITRAL Model Law on International Commercial Conciliation and its Guide.

The Making Mediation Law guide outlines best-practice regulatory approaches, and it gives policymakers, lawmakers and other stakeholders a step-by-step guide to shaping an effective mediation policy that addresses the needs of the jurisdiction and transforms it into mediation law.

The third guide in the series, Integrated Conflict Management Design Workbook[NPM2] , offers a step-by-step guide on how to develop a formal and best practice conflict management system, and integrate it into an organization. It contains case studies and activities for a practical approach.

The publication of the Mediation Series is a culmination of more than eight years of World Bank Group experience in implementing commercial mediation reforms globally and, specifically, in the Middle East and North Africa. World Bank Group specialists, external dispute resolution experts and mediation practitioners with extensive experience in the field of commercial dispute resolution collaborated on the series.



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