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Chartered Institute of Arbitrators (CIArb) with President Jonathan Wood, FCIArb
I was privileged to engage in a stimulating and thought-provoking conversation with Jonathan Wood, FCIArb, on Expert Views on ADR (EVA) Vid/Podcast Show. He was the president of the Chartered Institute of Arbitrators (Ciarb)-at the time we recorded the interview. He has in-depth knowledge and understanding of Ciarb, having served five (5) years as Chair of the Board of Trustees and eight (8) years as a Trustee. During that time, he has overseen significant growth and change in Ciarb.
He wears many hats, so I have left the link to his profile:
https://uk.linkedin.com/in/jonathan-wood-fciarb-93264960.
In this series, we analysed the role of Appropriate Dispute Resolution (ADR), specifically mediation and Arbitration, in resolving conflicts or disputes and how far they have enhanced access to Justice in the UK.
Mr Wood highlighted that ADR is an acronym for Alternative Dispute Resolution, and what it means in broad terms is that it is an 'Alternative' in resolving disputes outside the court system; it is a non-court system process of resolving disputes.
He indicated that it is an acronym first coined by Professor Frank Sander, an American academic, in 1976 and was first mentioned to the Chartered Institute of Arbitrators (CIArb) at a conference by again an American academic, Jonathan Marx, in 1983.
We alluded to the fact that, universally, Mediation is a well-known form of resolving disputes outside the court system. On the one hand, Arbitration as an ADR mechanism is different in various jurisdictions. For instance, arbitration is considered a binding adjudicative process in the USA, while the UK view includes mediation, arbitration, early neutral evaluation, and adjudication under the remit of ADR.
Mr Wood emphasised that he stands with the English perspective- that arbitration falls within the remit of ADR, recounting his experiences with the Turkish government, where concepts like mediation and arbitration were challenging to distinguish; he came up with an alternative description, 'facilitative negotiation.'
We critically analysed the recent case of Churchill v Merthyr Tydfil Borough Council [2023] EWCA Civ 1416, which emerged in the Court of Appeal, UK, overturning doubts cast by a previous case, Halsey, about the court's power to mandate mediation with cost sanctions against recalcitrant or uncooperative parties.
The basis of that objection is that it might infringe on Article 6 of the European Convention on Human Rights, which provides the right to a fair trial. It is imperative to state that it was a case in which the Chartered Institute of Arbitrators (CIArb) intervened with a number of others to try and educate the court on the very important role of mediation. The outcome of the case led the foundation to enable the court to order the parties to undergo mediation and to stay proceedings whilst they did so.
As a result, the Civil Procedure Rules (CPR) in the UK have now been changed to allow that to happen in appropriate and proportionate cases; a cost sanction can now be ordered by the court against the party who is recalcitrant or does not want to engage in mediation in good faith. That has heralded a new era of mediation in the UK, which goes hand in glove with access to justice.
Mr Wood indicated that justice has become increasingly expensive in courts, while mediation offers a more affordable and expedited solution, which, in turn, enhances access to justice. He revealed the historical development of CIArb and why they might change its name in the future to include 'Mediation.' Finally, he analysed the steps CIArb has taken to handle diversity, equity, inclusion (DEI), and cybersecurity.
#adr #CIArb #arbitration #mediation #peace #peacekeeping#podcast #disputeresolution #technology #jonathanwood #tanzania #turkish #reform #highereducation #university #uk #england #english #wales #ireland #scotland #europe #northamerica #southamerica #africa #asia #australia #latinamerican #world
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By Dr Chinwe Egbunike-Umegbolu
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I was privileged to engage in a stimulating and thought-provoking conversation with Jonathan Wood, FCIArb, on Expert Views on ADR (EVA) Vid/Podcast Show. He was the president of the Chartered Institute of Arbitrators (Ciarb)-at the time we recorded the interview. He has in-depth knowledge and understanding of Ciarb, having served five (5) years as Chair of the Board of Trustees and eight (8) years as a Trustee. During that time, he has overseen significant growth and change in Ciarb.
He wears many hats, so I have left the link to his profile:
https://uk.linkedin.com/in/jonathan-wood-fciarb-93264960.
In this series, we analysed the role of Appropriate Dispute Resolution (ADR), specifically mediation and Arbitration, in resolving conflicts or disputes and how far they have enhanced access to Justice in the UK.
Mr Wood highlighted that ADR is an acronym for Alternative Dispute Resolution, and what it means in broad terms is that it is an 'Alternative' in resolving disputes outside the court system; it is a non-court system process of resolving disputes.
He indicated that it is an acronym first coined by Professor Frank Sander, an American academic, in 1976 and was first mentioned to the Chartered Institute of Arbitrators (CIArb) at a conference by again an American academic, Jonathan Marx, in 1983.
We alluded to the fact that, universally, Mediation is a well-known form of resolving disputes outside the court system. On the one hand, Arbitration as an ADR mechanism is different in various jurisdictions. For instance, arbitration is considered a binding adjudicative process in the USA, while the UK view includes mediation, arbitration, early neutral evaluation, and adjudication under the remit of ADR.
Mr Wood emphasised that he stands with the English perspective- that arbitration falls within the remit of ADR, recounting his experiences with the Turkish government, where concepts like mediation and arbitration were challenging to distinguish; he came up with an alternative description, 'facilitative negotiation.'
We critically analysed the recent case of Churchill v Merthyr Tydfil Borough Council [2023] EWCA Civ 1416, which emerged in the Court of Appeal, UK, overturning doubts cast by a previous case, Halsey, about the court's power to mandate mediation with cost sanctions against recalcitrant or uncooperative parties.
The basis of that objection is that it might infringe on Article 6 of the European Convention on Human Rights, which provides the right to a fair trial. It is imperative to state that it was a case in which the Chartered Institute of Arbitrators (CIArb) intervened with a number of others to try and educate the court on the very important role of mediation. The outcome of the case led the foundation to enable the court to order the parties to undergo mediation and to stay proceedings whilst they did so.
As a result, the Civil Procedure Rules (CPR) in the UK have now been changed to allow that to happen in appropriate and proportionate cases; a cost sanction can now be ordered by the court against the party who is recalcitrant or does not want to engage in mediation in good faith. That has heralded a new era of mediation in the UK, which goes hand in glove with access to justice.
Mr Wood indicated that justice has become increasingly expensive in courts, while mediation offers a more affordable and expedited solution, which, in turn, enhances access to justice. He revealed the historical development of CIArb and why they might change its name in the future to include 'Mediation.' Finally, he analysed the steps CIArb has taken to handle diversity, equity, inclusion (DEI), and cybersecurity.
#adr #CIArb #arbitration #mediation #peace #peacekeeping#podcast #disputeresolution #technology #jonathanwood #tanzania #turkish #reform #highereducation #university #uk #england #english #wales #ireland #scotland #europe #northamerica #southamerica #africa #asia #australia #latinamerican #world