March 29, 1996, Geneva, Switzerland
On March 29, 1996, the World Intellectual Property Organization (WIPO) organized a Conference on Mediation, which was held at its headquarters in Geneva.
The purpose of the Conference was to examine the position of mediation as a dispute-resolution procedure in the contemporary world and, particularly, the reasons for the increased interest in mediation, the main features, advantages and limitations of mediation, the suitability of mediation to intellectual property disputes and the different understandings and uses of mediation that prevail in various cultural contexts.
The conference was attended by 150 persons from 35 countries.
WIPO was fortunate to have the participation of a number of eminent international specialists to make presentations and to lead the discussions on the various aspects of mediation considered during the Conference. This section contains the texts of their presentations, together with the transcript of the discussions that took place during the Conference.
MEDIATION AS A DISPUTE-RESOLUTION PROCEDURE
The Dynamic of Mediation: Is Creative Genius the Key to Successful Mediation?
Stephen B. Goldberg, President, Mediation Research & Education Project, Inc., Northwestern University School of Law, Chicago
Some Aspects of Mediating Intellectual Property Disputes
David W. Plant, Fish & Neave, New York
The Use of Commercial Mediation in Europe
Karl Mackie, Director, Centre for Dispute Resolution (CEDR), London
Confidentiality in Mediation
Francis Gurry, Director, WIPO Arbitration and Mediation Center
Mediation as a Means for Amicable Settlement of Disputes in Arab Countries
Salah Al-Hejailan, Chairman, Higher Board, Euro-Arab Arbitration System, Law Firm of Salah-Al-Hejailan, Riyadh & Jeddah
The Approach to Mediation in the Arab World
Fathi Kemicha, Attorney-at-Law, Paris
The Use of Conciliation in Arbitration
Tang Houzhi, Vice-Chairman, China International Economic and Trade Arbitration Commission (CIETAC), Beijing
THE ROLE OF THE MEDIATOR
The Selection of the Mediator
Margaret Shaw, Adjunct Professor, New York University School of Law, New York
Round Table: Ethical Obligations and Responsibilities of the Mediator and Mediator Immunity
Stephen Goldberg, Karl Mackie, Margaret Shaw
THE ROLE OF COUNSEL AND CLIENT
Getting the Other Side to the Table
William A. Finkelstein, Vice President and Intellectual Property Counsel, PepsiCo, Inc., Purchase, United States of America
Presenting a Case
Rupert Bondy, Legal Counsel, SmithKline Beecham Plc, Brentford, United Kingdom