12Ece Dayio lu TURKEY
Welcome to the 2024 edition of the Lawyer Monthly ADR Awards. Welcome to the 2024 edition of the Lawyer Monthly ADR Awards, where we celebrate the leading practitioners, firms, and professionals who have excelled in Alternative Dispute Resolution over the past year. As the legal landscape continues to evolve, ADR remains a vital component in resolving disputes efficiently and effectively, offering a path that balances both justice and expediency. This year, we have witnessed an impressive array of innovation and dedication within the ADR sector. From mediators and arbitrators to law firms, the recipients of this year’s awards have demonstrated exceptional skill, creativity, and commitment to resolving conflicts outside of traditional litigation. Their work not only reflects the highest standards of legal practice but also contributes to the development of ADR as a preferred means of dispute resolution in increasingly complex global markets. As the challenges in the world grow more intricate, the role of ADR becomes ever more crucial. The 2024 ADR Award winners have set the benchmark for excellence, proving that adaptability, expertise, and a clientfocused approach are at the heart of successful dispute resolution. We extend our congratulations to all the awardees and thank them for their continued contributions to the field of ADR. Their achievements underscore the importance of innovation, dedication, and the pursuit of excellence in the practice of law. Warm regards, Mark Palmer Lawyer Monthly Awards Editor
Featured Winners Walter Chen Grandall Law Firm Michael A. Hawash, Esq Hawash Houston Mediation Ece Dayioglu Dayıoglu Law Firm® Rebecca Andersen Jeff Morris Mediation Francis Ssekandi Justice Francis M. Ssekandi (Rtd) Jeffrey Morris Jeff Morris Mediation Joanne Claypole IPOS Mediation 6 26 10 28 16 24 20
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7 LAWYER MONTHLY ADR AWARDS 2024 Best Arbitration Lawyer of the Year Partner - Grandall Law Firm CHINA Walter Chen Walter is Senior Counsel (S.C) and Partner at the Nanjing Office of Grandall Law Firm, which is one of the largest fullservice law firms in China with over 680 partners and 5000 employees in 33 offices across major cities worldwide. Including Beijing, Shanghai, Shenzhen, Guangzhou, Hangzhou, Chengdu, Nanjing, Xi’an, Wuhan, Hong Kong, Paris, Madrid, Stockholm, and New York, among others. Grandall attained recognition for excellence as a major international law firm among the leading Chinese law firms. Lawyer Monthly speaks to Walter to gain further insight into his arbitration experience in China. About Walter Chen Walter (Fayun) Chen, FCIArb, FHKIArb, is S.C, a partner at Grandall Law Firm, Master of International Business Law at the University of Liverpool, Visiting Scholar at the University of Maryland, and further gets trained at the University of Hamburg. He is Chair of International Commercial Arbitration Committee of Jinagsu Lawyers Association, a Member of Arbitration and Mediation Committee of the All China Lawyers Association, the ICC China Arbitration Committee, the International Commercial Expert Committee of the Nanjing Intermediate People’s Court, and the Vice President of the UK Sub-Association, and the Steering Committee Member of the Western Returned Scholars Association, China. He is also a Member of Panel of Arbitrators of over 20 arbitration institutions including SIAC, HKIAC, THAC, KCAB, LCIA, SCCA, CIETAC, BIAC and SCIA etc. He is one of the very few leading international commercial dispute resolution practitioners in China who can effectively handle cases in both English and Chinese as counsel and arbitrator. He has a proven track record for representing and assisting clients in handling complex and high-value legal matters and commercial cases heard before courts in Mainland China, Hong Kong SAR, the US and in ad hoc arbitrations and arbitration institutions such as SIAC, HKIAC, CIETAC, and the ICC International Court of Arbitration. For four consecutive years from 2021 to 2024, Walter was part of the three-member Editorial Board of “CDR-Essential Intelligence: THE BELT AND ROAD INITIATIVE” published by Global Legal Group, UK, and co-author of the Chapter on China. He was respectively selected as one of the “Leading Talents of Foreign Related Lawyers” by the All China Lawyers Association and the Ministry of Justice, China, and was awarded by Legal Daily, China as one of the first session “Top Ten Lawyers of the Belt and Road” and by Lawyer Monthly UK as the “Arbitration Lawyer of the Year”. Walter (Fayun) Chen, S.C. FCIArb Partner, Grandall Law Firm Address: Grandall Law Firm (Nanjing), 8F, Block B, 309# Hanzhongmen Street, Nanjing, Jiangsu Province, China. Tel: +86-25-89660918(dir) Email: walterchen@139.com chenfayun@grandall.com.cn www.grandall.com.cn/en/
8 LAWYER MONTHLY ADR AWARDS 2024 Best Arbitration Lawyer of the Year CHINA In your 30 years of arbitration experience, how have you seen the Arbitration sector develop in China? With the rapid development of the Chinese economy, together with promulgation of the Arbitration Law of the People’s Republic of China back in 1994, arbitration has become the most preferred vehicle to resolve international commercial disputes in China. Over the years, more than 270 local arbitration institutions in China were established at the municipal level. The leading arbitration institutions in Mainland China include China International Economic and Trade Arbitration Commission, Beijing International Arbitration Centre, and Shenzhen Court of International Arbitration etc. What has been your most memorable achievement during this time? Since I represented Chinese client in my first international arbitration case in Hong Kong in the 1990s, I have grown into a veteran of arbitration after 30 years of arbitration practice, not only acting as counsel in international arbitration cases, but also sitting as an international arbitrator, hearing and adjudicating cases alongside my global arbitration counterparts. I have represented and assisted Chinese clients in many complex and difficult cases overseas, with the value of the cases often amounting to hundreds of millions or even tens of billions of U.S. dollars. One of the cases is that I have once successfully represented Chinese clients in the US and Hong Kong in a mega international litigation and arbitration case with a value of over USD 15 billion. As an arbitrator, I have heard and decided over a hundred commercial arbitration cases. Therefore, my greatest achievement is that I have accumulated a wealth of practical experience in international arbitration, and I can handle international arbitration cases with ease and comfort in both English and Chinese, acting as counsel or arbitrator. Walter Chen has 30 years of experience in advising domestic and foreign clients on arbitration, litigation, and non-litigation matters. He is one of the very few leading international dispute resolution practitioners in China who can effectively handle cases in English as counsel and arbitrator. Q Q
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11 LAWYER MONTHLY ADR AWARDS 2024 International Arbitration Lawyer of the Year TURKEY Ece Dayio lu Partner Dayıoğlu Law Firm® Can you share a little about your journey into law? I was born into a family full of lawyers. Speaking literally, I am the seventh generation lawyer of my family. The family history goes back to the times of Ottoman Empire when my great-grandfather was a qadi under sharia. Following the proclamation of the Republic of Türkiye in 1923, the next generations became lawyers under civil law. I followed the footsteps of my ancestors, and now I am partnered with my father Cemal Sedat Dayıoğlu and my mother Oya Dayıoğlu at Dayıoğlu Law Firm®, for which we continue the tradition of attorneyship of our families. Since my childhood, being the only child of two eminent lawyers, I took an interest in the conversations between them, which were mainly on legal issues. Day by day it became more unbearable not to be part of this fascinating knowledge and experience. I therefore decided to become a lawyer myself, and I have never regretted my decision. From the beginning I felt lucky to take on the family heritage, to represent my family and to honour my family legacy in the best way I can. However, I always felt as if I was responsible for the ‘now’ and he ‘future’ of my family legacy. Everything was settled by my father: the experience, the knowledge, the team, the reputation, the office and the clients... in the end I understood that this left me even more room for broadening the horizon of Dayıoğlu Law Firm®, a role I have gladly taken on. I am the first in my family to be admitted to a foreign bar and to liaise our law firm with so many co-partner law firms across the world. Can you tell us about the highlights or standout achievements of your career to date? My greatest achievement is that I made my father – my mentor, my doyen – cry when I was admitted to the Paris Bar. But let me start from the beginning. I graduated from Galatasaray University Faculty of Law. It is top-tier law faculty in Türkiye which accepts students from among the 200 who were most successful during the National Exam for Admission to University. I did my master’s degree in Arbitration and International Commercial Law (Arbitrage et Droit du Commerce International) at Université Paris 1 Panthéon-Sorbonne. I have another master’s degree (with merit) in International Dispute Resolution and Economic Law from Queen Mary University of London. I graduated with a thesis on ‘The Enforceability of Arbitral Awards in International Arbitration Involving States and State-Owned Entities: How to Be Ensured by the Arbitral Tribunal and to Be Resisted by the Sovereigns?’ Q Q
12 LAWYER MONTHLY ADR AWARDS 2024 International Arbitration Lawyer of the Year TURKEY Following this, I graduated from Istanbul Bilgi University with a master’s degree in Economics Law with the project ‘Anti-Dilution Protection Arising as a Result of a Malicious Increase of Capital in Joint-Stock Companies’. I also submitted my application for a scholarship for academic success, which did not exist between Türkiye and France. However, through the Turkish Ministry of Foreign Affairs, the French Minsitry of Foreign Affairs created a scholarship (without reimbursement) which did not exist only for me. I was selected to intern at the International Court of Arbitration Secretariat of the International Chamber of Commerce (ICC). I also worked as an intern in the Middle East and North Africa-MENA Case Management Team and Special Counsel in the Secretariat of the ICC International Court of Arbitration. This was a position granted to only four interns per year selected among over 8.000 applicants. I am a lawyer admitted to both the Istanbul (Türkiye) and the Paris (France) Bars. When I was first admitted to the Paris Bar in 2017, I checked myself on the Paris Bar directory and found that I was one of only three lawyers who were simultaneously qualified at the Istanbul and the Paris Bars and also practised in Türkiye. And I realised the other two were educated in France. So I was one of a kind! I am also an internationally listed arbitrator and mediator. One of them is at the Singapore Institute of Arbitrators (SIArb). I successfully passed the Fellowship Assessment. However, due to the age criteria, my upgrade from Member to Fellow could not be done until SIArb annulled this condition, enabling me to upgrade my rank. In addition, I started a new position as Vice Secretary General at the Energy Disputes Arbitration Center (EDAC), the first and foremost sector-based arbitral institution focusing on energy disputes with its own rules. I was on the team that organised Istanbul Arbitration Week (ISTAW) 2022. It was the second edition of the first arbitration week (TAW 2021) in Türkiye. Now at the age of 33, what I see in a nutshell is this: I hold three LLM degrees, I am a dual-qualified international lawyer in Türkiye and in France. I work on an international basis and as a partner at Dayıoğlu Law Firm®, operating in more than fifty countries through its copartner law firms across the world. I am a Member of the Chartered Institute of Arbitrators (CIArb) in the UK, a Fellow of the Singapore Institute of Arbitrators (SIArb) in Singapore, a listed arbitrator in the Shanghai Arbitration Commission (SHAC) in China, the Russian Arbitration Centre (RAC) in Russia, the Istanbul Arbitration Association (ISTA) in Türkiye and the Bali International Arbitration and Mediation Center (BIAMC) in Indonesia. I am a listed mediator at the International Mediation Institute in (IMI) the Netherlands, the Singapore International Mediation Institute (SIMI) in Singapore and the Bali International Arbitration and Mediation Center (BIAMC) in Indonesia. I am a former intern of the ICC and current Vice Secretary General of EDAC. And I have just begun. What was it that drew you to work in arbitration and dispute resolution? What excited me the most in arbitration is that parties to a dispute can choose its judge (arbitrator), its rules (substantive law), its court (seat of arbitration) and its procedure (procedural law). It is a fully customised way of resolving disputes where the procedural control is mainly on the parties. It is destined to be expeditious and costeffective. Q
13 LAWYER MONTHLY ADR AWARDS 2024 International Arbitration Lawyer of the Year TURKEY The expertise in the field plays an important role on the arbitrator’s end. Anyone with sufficient experience can act as arbitrator. To be entrusted with such responsibility and to be vested with such authority always intrigued me. Needless to say, the arbitral award duly rendered has the same binding effect and the enforceability with a domestic court decision. I call arbitration ‘the new normal’, or dare I say, ‘contemporary way of adjudication’. What are you most excited to be working on at the moment? There are couple of things. I contributed to an book on arbitration and it is on its way. I just came from Kigali (Rwanda) where I was invited to speak and I gave a speech on energy investment dipsutes during the OHADA Annual Conference hosted by FIPROD-ERSUMA. My next destination will hopefully be in Lome (Togo) where I am also invited to share my experience and knowledge in arbitration. I am currently working on an energy arbitration article to be published in an exquisite arbitration magazine. My posts will soon be published on the Kluwer Arbitration Blog. Also, I will be passing the Chartered Institute of Arbitrators Fellowship Assessment to become an FCIArb. The arbitration cases where I act as party counsel at the moment thrill me, as I am experiencing new aspects and concepts each and every day. What figures in the legal sector would you count as your greatest inspirations? All these years, my father Cemal Sedat Dayıoğlu has been my mentor in every sense. Once I became a lawyer I started to look up to him even more, as he is a pure doyen in our profession. I would also like to mention my grandfathers. Both of them were lawyers. My grandfather from my father’s side passed away last year due to cancer. Until two days before he passed away, he worked from the hospital bed. My grandfather told me that I was the future of Dayıoğlu Family and of Dayıoğlu Legacy, that no matter what I should carry on with my professional life. A wish that I’ll honour and carry out for the rest of my life. Again, this showed me where I was coming from. This is in my genes. This is in my family. And I am proud of all of them. I am a proud daughter of her parents and of her grandfathers but mostly a proud and a very lucky mentee of her father. Q Q Is there a particular philosophy or set of values that informs your legal work? The values depend on the person. Be it for my legal practice or my private life, my unshakeable values are as follows: 1. Do not let anything unfinished go until the end, even if it seems to be unknown, fight for your ‘cause’ until the very end. Remember that you are responsible for the journey (legal fight), not necessarily for the destination (outcome). 2. Remember that if you step in the boxing ring you get punched. And that is where we are fighting. Do not let anything stop you. 3. Do not make promises you cannot deliver. Be clear about the expectations. Manage them. Q Q
14 LAWYER MONTHLY ADR AWARDS 2024 International Arbitration Lawyer of the Year TURKEY 4. Make humanity your main concern. Walk in the shoes of others. Do not judge; understand. This is a more compassionate way of lawyering. 5. Follow your ambitions and combine them with your effort, because those are the things that get you somewhere. 6. Take charge. Do not blame the circumstances. 7. Do not forget or underestimate the power of networking, as you should not go all the way without support. Admit the role of a student and be open to new experiences and knowledge. 8. Make room for your loved ones. Set your priorities wisely and juggle. Family life matters. 9. You cannot win all battles in all fields. Accept defeat with integrity. Take the hit and move on. As long as you learn from the experience, there is nothing louder than that. 10. Do not trade your integrity with anything. Nothing can be as silent as a clean consiousness. Is there one thing that you feel you could not live without? Honour and integrity. But honestly, I want to ask: what is the point of feeling that we cannot live if something is denied to us or we are deprived of something? We are all survivors. We were born alone and we will eventually die alone. I personally do not believe in this concept. Even though I may strongly suffer, I can live without anything if I have no choice. Desperation is a powerful state of being. But this does not mean that I do not have any fear of losing people or things. I have strong attachments. However, I am lucky to have so much to lose in this life – and I will keep it this way. How do you measure your success? For me, a successful person is someone who manages their environment, be it with work, family or friends, especially when faced with challenges and chaos. It is a combination of wisdom, determination, constant effort and a certain level of capability. It is how this person relates with obstacles and surmounts them. And this should be ascertained differently for every person, taking into account their background and the circumstances. Q Q
15 LAWYER MONTHLY ADR AWARDS 2024 International Arbitration Lawyer of the Year TURKEY Ece Dayıoğlu is a partner at Dayıoğlu Law Firm®, a full service law firm established more than a century ago with co-partner law firms in more than 50 countries across Europe, Asia, America and Africa. Dayıoğlu Law Firm® is at the disposal of its clients to find expeditious and effective solutions in cross-border litigation while rendering haute couture turnkey services. Dayıoğlu Law Firm® is comprised of three partners: Cemal Sedat Dayıoğlu (Managing Partner), Oya Dayıoğlu (Senior Partner) and Ece Dayıoğlu (Partner). Together with their experienced and qualified team members, the firm provides legal services as party counsels, arbitrators, mediators, corporate counsels and lawyers. As a prominent international law firm with more than 100 years of experience, Dayıoğlu Law Firm® has a command over numerous fields of law including but not limited to arbitration, mediation, aviation, construction, natural resources, energy and environment, banking and finance, commercial, corporate, competition, tourism, criminal, family, inheritance, intellectual property, real estate and tax law. Apart from its corporate and individual litigation and legal counselling services, Dayıoğlu Law Firm® has been involved in project-based cases, international operations, transactions and contracts. Dayıoğlu Law Firm® abides by the rules of attorney-client confidentiality, legal practice, legal ethics and conflicts of interest while offering efficient and custom-tailored legal solutions to its clients and to those benefiting from its services. The firm provides its clients with direct contact with its team and prompt responses in relation with their legal problems in the course of its practice. The firm’s commitment to its clients finds expression in principled practice in compliance with its values, as well as in the legal solutions most appropriate to the situation at hand. Maître Ece Dayıoğlu, LLM, Master II, LLM Tel: +90 212 230 30 32 | Mobile: +90 533 371 19 19 Info: info@dayioglulawfirm.com Email: ece@dayioglulawfirm.com www.dayioglulawfirm.com
16 LAWYER MONTHLY ADR AWARDS 2024 International Arbitration Lawyer of the Year International Legal Consultant Justice Francis M. Ssekandi (Rtd) What inspired your transition from serving as a Justice of the Supreme Court of Uganda to focusing on mediation and arbitration? I took early retirement from my position as Justice of Appeal on the Uganda Supreme Court in 1980 and joined the United Nations in 1981 after a year as Visiting Professor of International Law at Wayne University, in the USA. The United Nations, under Section 29 of the Convention on the Privileges and Immunities of the United Nations is obligated by virtue of its immunity from legal process, to make provision for “appropriate modes of settlement” In this compelling interview, we delve into the experiences and insights of Francis Ssekandi, an international legal consultant with an extensive career in mediation, arbitration, and judicial service. After his early retirement from Uganda’s Supreme Court, Francis transitioned to focus on mediation and arbitration in international disputes, drawing from his expertise in navigating complex legal landscapes. We explore his challenges in resolving disputes for the United Nations’ peacekeeping operations and his pivotal role in highprofile investigations across Kosovo and Lebanon. He offers a unique perspective on the role of alternative dispute resolution (ADR) within development finance institutions, reflecting on his tenure as General Counsel for the African Development Bank and as a judge at the World Bank Administrative Tribunal. Francis M. Ssekandi Justice Francis M. Ssekandi (Rtd) Tel: 646-662-7070; 646-378-8991 fsseka@jurisafrica.org USA Francis Ssekandi Q
17 LAWYER MONTHLY ADR AWARDS 2024 International Arbitration Lawyer of the Year USA Q of “disputes arising out of contracts or other disputes of a private law character to which the United Nations is a party.” Thus, as Senior Legal Officer in the United Nations, handling and resolving claims against and by the Organization, my principal responsibility included drafting dispute settlement clauses consistent with the Convention, offering to settle claims amicably or through mediation and, if not, through arbitration, as well as applying these clauses in all cases arising from UN contracting activities and its development cooperation and peacekeeping operations. Given your role in resolving disputes in UN peacekeeping operations, what unique challenges do you encounter in mediating international disputes? Main Challenges: The transition from my experience as an attorney and then a Judge in Uganda where almost all disputes are adjudicated (Uganda is a Common Law Country), was not easy. ADR has only been introduced in Uganda, formally, in the last 10 years, despite the fact that the majority of the people in Uganda traditionally resolve disputes through reconciliation and mediation, by clan elders and local chiefs. My first case at the United Nations was a claim by survivors of UN officials and experts that were killed while flying as passengers in a small aircraft owned by a state owned airline, that crashed on the way to the Capital City in the midst of a storm. The Government Aviation investigation determined that the aircraft was not airworthy and the pilot did not follow standard procedures in undertaking and operating the aircraft in the midst of a storm. Unfortunately, these findings enabled Lloyds, the airline underwriters, to deny liability or entertain any claims arising from the accident. The UN sought to recover compensation from the airline directly but failed. Through private Counsel, the UN initiated a law suit in the Courts in Tanzania which was dismissed on the grounds that since the UN is immune, it cannot litigate in the local courts. It is at that juncture, after more than four years of trying informal negotiation, that I initiated resolution of the case through diplomatic intervention by the UN Secretary-General with the President of Tanzania. An offer was made by the UN to compensate the Survivors,from funds held by the UN for Tanzania, using the the standard compensation formula for victims of aircraft accidents under the rules of the Warsaw or Montreal Convent. The President of Tanzania accepted the offer and the survivors of the victims of the accident were compensated. I give this unique example to demonstrate the delicacy of resolving international disputes, especially when they arise from civil disputes. The other cases arising from the Kosovo and Lebanon investigations are too delicate to elaborate here but they were equally, if not more complicated, as individual Governments of which the personnel involved were citizens, were involved in espousing the claims of the survivors. The resolution of the claims after the investigations completed, were handled diplomatically at the highest level of the Organization and the Governments involved. The results of the investigations formed the basis of the eventual resolution of those disputes. The other claims and incidents I handled involved contractors supplying equipment or services to the United Nations in the peacekeeping missions. These were much easier to resolve, mostly through negotiations with the contractors and occasionally mediation followed by arbitration where no settlement was not reached. An example of one such
18 LAWYER MONTHLY ADR AWARDS 2024 International Arbitration Lawyer of the Year USA complex cases was the destruction of Equipment ordered by the United Nations for its operations in the then Zaire at the port of Matadi during an insurrection. The equipment was to be delivered by a Japanese firm and the UN sought to recover against the Insurance coverage but this was not possible because of assessed force majeure. Mediation was conducted with the Company representatives without success. But the claim was eventually settled by the Company amicably through negotiations between the head of the company and the head of the UN Agency involved. In yet another case that ended tragically, I initiated negotiations to settle a claim by a contractor engaged to provide catering for the UN peacekeeping Mission in Somalia. Agreement was already reached but by the administration intervened insisting on arbitration. The UN lost the arbitration; however, by the end of the arbitration, the contractor was killed by his workers for failure to pay their wages. You have played a key role in high-profile investigations such as in Kosovo and Lebanon. How have these experiences shaped your approach to international legal consulting? My main takeaway from the high-profile investigations involving Governments is that diplomacy is key to resolving international claims. But diplomatic skill can also play a role in handling private disputes. Most recently, I was engaged by a UN Permanent Mission to handle a property dispute between the Permanent Representative of the Mission and a neighbour concerning an alleged encroachment over the boundary line dividing the Mission property occupied by the Permanent Representative and the neighbour. The neighbour sued in State Court, but the dispute was transferred at my request to Federal Court. There were at least two efforts at mediation at the District Court level and one on Appeal, but on each occasion, the mediation failed because counsel for the neighbour insisted the Mission to renounce its privileges and immunities, a stand he was able to get the lower court and Court of Appeal to accept. This led to a default judgment rather than submit to litigation of the dispute, with the consequence of exposing the Mission to disclosure motions in violation of its immunities, in particular, the inviolability of the Mission official communication its premises and possible attachment of its property. I have, however, succeeded to resolve a dispute between another Mission with squatters on their property, through various approaches including threatened court action. My eventual experience is that while diplomacy, mediation and if needed arbitration, such as under ICSID, operates most successfully, on the international level, it is more difficult in private disputes, particularly when faced with opposing counselt more familiar with litigation. As the former General Counsel of the African Development Bank, how do you view the role of ADR in development finance institutions? ADR in Development Financial Institutions There are two levels of dispute resolution in Development Financial Institutions. One level involves disputes between the Institution and its staff and the other involves disputes arising from the Institutions’ operational activities. At the African Development Bank, I was instrumental in establishing the AfDB Administrative Tribunal, which is now in its 27th year of operation. What is unique to this Administrative Tribunal is that Judges are selected from the most senior judicial officers and jurists from the Bank’s Member States. A former Chief Justice of Nigeria presided over the inaugural sessions, assisted by the Head of the Constitutional Court of Benin and a Senior Jurist from Egypt. The second tier of disputes, arising from the Bank’s operations, generally concern the Bank’s private sector operations, whereby the Bank extends loans to co-finance major development “My main takeaway from the high-profile investigations involving Governments is that diplomacy is key to resolving international claims.” Q Q
19 LAWYER MONTHLY ADR AWARDS 2024 International Arbitration Lawyer of the Year USA projects undertaken by private multilateral companies on Build, Operate,Transfer (BOT) basis. The projects, such as major bridges or highways, are transferred to the Recipient Government after operation by the company on a profit basis (tolls) to receive its investment. These operations give rise to disputes that would involve the Recipient Government and are best resolved through negotiation, mediation or submitted to arbitration. The arbitration of such disputes are almost always submitted to ICSID for resolution. ICSID is the International Center for Settlement of Investment Disputes, in which I serve as a Panel Member. On leaving the African Development Bank, I was appointed a Judge on the World Bank Administrative Tribunal based on my experience in the United Nations and at the African Development Bank. The Administrative Tribunals operate more like ADR than normal judicial adjudication through the Courts. Furthermore, in the last two years, I have chaired the Appeals Board of the International Renewal Energy Agency (IRENA), which involved two claims by staff against the agency. ICSID has been very effective in resolving State/ Investor disputes which have increased in number due to the proliferation of Bilateral Investment Treaties that favour international arbitration, mostly through ICSID. Throughout your career, how have you observed the evolution of ADR practices within international institutions? ADR is the preferred mode for the resolution of disputes in International Organizations, especially through arbitration, under the auspices of Administrative Tribunals, the leading ones being the United Nations Disputes and Appeals Tribunals and the ILO Administrative Tribunal. These Tribunals have generated and accumulated legal principles on many aspects of Administrative Law and Labour Law, which, though not binding, serve as evidence of the way the constitutive instruments of such organizations are interpreted. In my early years in the United Nations, I tried very hard to introduce a system that would enable staff to resolve their disputes amicably through negotiations or mediation, without success. It is my experience that by the time the relations between the staff and the administration mature into disputes, reconciliation or mediation becomes impossible. Thus, most of these disputes end up in arbitration before the Administrative Tribunal. ADR works more effectively to resolve private claims by individual contractors or parties, largely because the settlement of such disputes by mediation or arbitration is the only available remedy available to them given the immunity from legal process enjoyed by the Organizations. The United Nations has formalized the ADR process, short of arbitration, by offering UN contractors, especially in peacekeeping missions an opportunity to dispute nonselection for contracts through the Award Review Board and Vendor Review Committee. I serve on the Boards and the Committees of both and have assisted in resolving a number of such disputes through written legal opinions after reviewing the parties submissions. International Organizations work on limited budgets, and operate under close monitoring by the States Members of the Organizations. The Organizations thus find it difficult to settle claims or pay compensation without formal findings of fault by an established body, such as the Administrative Tribunal or in case of private contracts after review of the dispute and legal determination of fault by an independent body or anArbitrator. The Review Board and Review Committee serve a similar role. My experience is that ADR functions more effectively if the claimant can be offered a substantial payment in settlement of his/her claim. But payments in such cases become difficult for Organizations to justify unless ordered by a Tribunal or Arbitrator or after a formal legal review of the claim by an established body. Q
20 LAWYER MONTHLY ADR AWARDS 2024 Mediation Lawyer of the Year Practice Manager IPOS Mediation Joanne, your role as Practice Manager includes various key roles to ensure a smooth and efficient streamline for the mediators and the cases, can you tell us how you got into this role and how you have honed your own skills in order to be such a vital part of the team? My professional career to date spans across 35 years. I began my journey in the retail sector in customer service and sales floor management. I progressed to senior management level rapidly because sales, leadership and customer service came so naturally to me. I also spent part of my earlier career working as a civil servant on the frontline for what is now referred to as the Department for Work and Pensions. The skills I learnt here were invaluable because of the experiences I had included having difficult conversations and mastering the art of communication. Mastering the art of communication is a lifelong journey that involves continuous learning, practice, and refinement. I am constantly practising active listening. I avoid using jargon or overly complex language and I try to understand the perspectives and emotions of others. Empathetic communication fosters trust and strengthens relationships. I believe it is important to express your thoughts, feelings, and needs openly and respectfully. I also seek constructive criticism from clients because this can help me to identify areas for improvement. In the workplace I like to encourage open communication and aim to create a supportive environment where my teammates and the mediators I work with, feel comfortable expressing themselves. I always stay curious and am open to learning new communication techniques. I read Joanne Claypole, the Practice Manager at IPOS Mediation has allowed us an in depth look into the work of mediators, how beneficial they can be and the impact IPOS has on their clients. Joanne has a wealth of experience in the industry and she shares with us key take aways and advice including her own motivation to join the legal industry. Gain insight into the determination of someone in the industry, how diversity advancements have been taken and the work of a mediator. IPOS Mediation LLP International Dispute Resolution Centre 1 Paternoster Lane, London, EC4M 7BQ Tel: 0333 014 4575 | Email: info@mediate.co.uk www.mediate.co.uk UNITED KINGDOM Joanne Claypole Q
21 LAWYER MONTHLY ADR AWARDS 2024 Mediation Lawyer of the Year UNITED KINGDOM Q books, take courses, and observe effective communicators to glean insights and refine my skills. For me it is not about being perfect but striving for continuous improvement. A person should stay patient with themselves and celebrate individual progress along the way. I graduated as a mature student with a University of Leicester degree BA Law (Hons) which led to my joining IPOS Mediation LLP in 2000 where my career has been spent in case and practice management. The role of Practice Manager at IPOS Mediation LLP involves a wide range of management and administration responsibilities, within the Mediation chambers. Key responsibilities span several areas and include Financial and Accounting management; office management; Human Resource management and Payroll management and Mediation Case Management and Operations. I believe the reason I can do such a variety of things is because I am incredibly adaptable. I never take anything at face value and always delve deeper into personalities and subjects. I care about client relationship management, and I never settle for second best. If I can’t give something 100% effort, I would rather not do it at all. For me, authenticity is the most admirable trait in a person. If I don’t feel that someone is being truly authentic, I tend to distance myself from them. I am a dispute resolution service professional that makes a living by promoting the expertise of mediators. Civil and Commercial mediators are at the centre of the business I work in. I aim to add value to the professional Mediation Services that mediators provide by helping them differentiate and position themselves as an authority in mediation. Collaborating with the mediators on the IPOS panel is what I cherish the most about my role. Can you tell us who or what motivated you to pursue a career in law and if you had any role models which influenced your decision? School, up to the age of 16 was difficult for me. I suffered from mental health issues, including anxiety. At the time there was no where near as much
22 LAWYER MONTHLY ADR AWARDS 2024 Mediation Lawyer of the Year UNITED KINGDOM awareness of mental health as there is now and so I didn’t really start to enjoy education and learning until the age of 18. I decided to study A level law at my local college. As soon as I began the course, I felt like I had found the one thing that made me happy. One of my tutors at A level, Mr John Morris, was the most influential person I had ever met, at that point. He supported and encouraged my love of the law. That is why I went on to university to gain a law degree. Unbeknown to me, Mr Morris was a tutor on my degree course. That familiarity helped me settle at university (and helped me understand trust law much better than I might otherwise have!). How does IPOS benefit clients’ cases when they have not been able to reach a conclusion for potentially years, how does bringing in a third party create a better space to begin mending the dispute? Bringing in a third party can create a better space to begin mending a dispute for several reasons: A third party can offer a neutral perspective on the issue at hand. They are not personally invested in the conflict, which allows them to assess the situation objectively and offer unbiased insights. Mediators are trained in conflict resolution techniques. They can help facilitate productive discussions, guide the parties toward finding common ground, and assist in generating potential solutions. In many disputes, emotions can run high, making it challenging for the parties involved to communicate effectively. A third party can help diffuse tension and create a calmer environment for constructive dialogue to take place. Sometimes, parties in a dispute may struggle to communicate directly with each other due to animosity or communication barriers. A third party can serve as a communication bridge, facilitating dialogue and ensuring that each party’s perspective is heard and understood. Third parties can help shift the focus away from blame and toward finding mutually beneficial solutions. By reframing the conversation around problem-solving rather than assigning fault, the parties can work together more effectively to resolve the dispute. In situations where the disputing parties have an ongoing relationship, such as in a workplace or family setting, involving a third party can help preserve those relationships. The third party can help the parties navigate the conflict in a way that minimizes damage to their relationship and fosters mutual understanding and respect. Overall, bringing in a third party can create a structured and supportive environment for resolving disputes, fostering communication, and ultimately, mending relationships. IPOS Mediation covers various services such as, Civil & Commercial, Workplace, & Employment and more, which area of mediation seems to be the most in demand for clients and why do you think that is? Civil and Commercial mediation is the strongest area that I work closest with. Commercial mediation is in demand for clients for several reasons: Compared to litigation, commercial mediation is often more cost-effective. It can save clients significant amounts of money on legal fees, court costs, and other expenses associated with “A third party can serve as a communication bridge, facilitating dialogue and ensuring that each party’s perspective is heard and understood.” Q Q
23 LAWYER MONTHLY ADR AWARDS 2024 Mediation Lawyer of the Year UNITED KINGDOM traditional litigation. Mediation typically takes less time than going through the court system. Resolving disputes through mediation can lead to quicker outcomes, allowing clients to move on with their business activities without prolonged legal battles. In mediation, clients have more control over the outcome of the dispute. They are actively involved in the negotiation process and have the flexibility to explore creative solutions that may not be available in a courtroom setting. Mediation proceedings are confidential, which means that the details of the dispute and any settlement reached remain private. This can be particularly advantageous for businesses concerned about protecting sensitive information or maintaining their reputation. In commercial disputes, maintaining business relationships can be crucial. Mediation provides a non-adversarial environment where parties can work together to find mutually acceptable solutions, preserving valuable business relationships in the process. By resolving disputes through mediation, clients can mitigate the risks associated with litigation, such as unpredictable outcomes, potential damage to reputation, and the emotional toll of prolonged legal battles. Mediation allows parties to tailor solutions to meet their specific needs and interests. This flexibility can result in more sustainable agreements that address the underlying concerns of all parties involved. Mediation has a high success rate in resolving disputes. Many clients are drawn to mediation because it offers a greater likelihood of reaching a mutually acceptable resolution without the uncertainty and expense of going to trial. Overall, commercial mediation offers clients a cost-effective, efficient, and collaborative approach to resolving disputes, making it an increasingly popular choice for businesses seeking to resolve conflicts in a manner that is beneficial to all parties involved. Over the years you have worked in the industry, how have you seen changes around diversity and how does IPOS ensure active consideration for social impact? I would say that in recent years, the mediation industry has seen significant changes regarding diversity, both in terms of the mediators themselves and the parties involved in mediation. Whilst working for IPOS Mediation I have witnessed a growing recognition of the importance of diversity among mediators. Efforts have been made to increase the representation of mediators from diverse backgrounds, including different ethnicities, races, genders, sexual orientations, religions, and socioeconomic statuses. This diversity helps ensure that mediation processes are inclusive and culturally sensitive. There is a growing recognition of the intersectionality of identities and how they intersect to shape individuals’ experiences and perspectives. Mediators are increasingly mindful of these intersections and their potential impact on the mediation process. This includes considering factors such as race, gender, sexuality, disability, and socioeconomic status when working with parties in mediation. Mediation provides a platform for these individuals to have their voices heard and to seek resolution in a more equitable and empowering manner. Can you tell us what It means to you to win this award, do you have any advice for other women who might be entering the industry for the first time? Entering the commercial mediation industry can be a rewarding career choice. My advice would be to obtain formal training in mediation techniques and conflict resolution if you can. Seek opportunities to gain practical experience in mediation by observing experienced mediators. Networking is essential in the mediation industry. Attend conferences, workshops, and networking events to connect with other mediators, legal professionals, and potential clients. Building relationships with key stakeholders in the industry can lead to referrals and opportunities for collaboration. Commit to lifelong learning and professional development. Stay informed about developments in mediation theory and practice and seek feedback from colleagues and clients to identify areas for improvement. Reflect on your experiences and strive to refine your skills over time. Be patient and realistic about the challenges you may encounter along the way. Stay committed to your goals, remain flexible in your approach, and embrace opportunities for growth and learning as you navigate your career in commercial mediation. Q Q
24 LAWYER MONTHLY ADR AWARDS 2024 Commercial Arbitration Lawyer of the Year CANADA Partner - Jeff Morris Mediation Jeffrey Morris About Jeff Morris Jeff Morris conducts complex mediations primarily involving commercial and business litigation, often involving liability insurers. Other areas that he is known for relate to professional negligence claims and, more recently, fine art disputes. Due to his involvement in the art world, Jeff particularly enjoys helping artists, museums, galleries and collectors to resolve disputes. Areas Of Expertise Commercial and Insurance Mediation Real Estate Dispute Resolution Professional Negligence Mediation Estate and Trust Mediation Fine Art Dispute Resolution
25 LAWYER MONTHLY ADR AWARDS 2024 Commercial Arbitration Lawyer of the Year CANADA What was it that led you to become an accredited mediator? After practicing corporate and commercial law for 21 years, it was time for a new challenge. Mediation’s growing acceptance as an alternative to expensive and time-consuming litigation provided me with an opportunity to practice as a full-time mediator. I have loved every minute and still do, even after 20 years and over 4,000 mediations. How would you describe your style of mediation? I believe that a mediator should be able to employ the best approach for a given situation, so I think having one style is potentially limiting. If the parties desire a more evaluative approach, then I am comfortable offering a neutral point of view. This is done privately with each party in a separate caucus meeting. My unbiased comments are intended to give the party just another point of view to consider, so that they can make the best decision on their settlement options. We talk about the benefits of settlement as opposed to the risks of trial. On the other hand, it is fine to be more facilitative when the parties desire structured conversations and discussions to move towards resolution. Above all, it is critical to bring a wide range of tools to each case and not to quit before every effort has been made to arrive at a settlement. Lately, I find that parties are looking to the mediator to break an impasse by offering a mediator’s proposal, where the mediator suggests a settlement on a double-blind basis. Can you tell us anything about your proudest career achievements to date? When COVID hit, I quickly saw the opportunity to transition my practice entirely to a Zoom-based model. After developing an effective online mediation process, our provincial ADR Institute asked me to co-author a practice guide for other mediators and lawyers and teach them how to mediate using this new virtual technology. After conducting over 600 mediations on Zoom, I believe virtual mediations can be as effective as in-person sessions. I am proudest that I have been able to achieve high rates of settlement using an online process. What is it that inspires you to achieve the best possible results for the parties you work with? It partly relates to my work ethic and persistence, which is to prepare thoroughly and bring my best to each mediation session. If I can help the parties exit the court system, or move closer to a resolution, then I feel I have added value to my retainer as a mediator and thereby derive personal satisfaction for a job well done. What does this award mean to you? This award is an important external validation of the skill, expertise and results I have worked hard for in my mediation practice. To be recognised by fellow professionals is an absolute honour and something that I will always treasure. What does the future hold for yourself and your practice? I have a keen personal interest in helping others resolve disputes in the fine art space. This award will help elevate my standing internationally as a neutral Canadian mediator. I now feel that I am even better positioned to offer my assistance to others around the globe. Tel: 416-518-8774 Email: jeff@jeffmorrismediation.com www.jeffmorrismediation.com Q Q Q Q Q Q
26 LAWYER MONTHLY ADR AWARDS 2024 Michael Hawash is the founder of Hawash Houston Mediation in Houston, Texas where he routinely serves as a mediator, arbitrator, and EDR neutral. Michael serves on the Early Dispute Resolution Committee of the American Bar Association and is a trustee of the EDR Institute, a non-profit corporation organized to promote the fair, effective, and ethical use of early dispute resolution principles and to educate lawyers, judges, neutrals, businesses, and the general public about EDR’s benefits. Michael Hawash is transforming the way businesses handle litigation. Using a new form of dynamic mediation called Early Dispute Resolution, Hawash has enabled numerous companies to get disputes resolved quickly, fairly and economically, while avoiding the cost and expense of “litigation as usual.” We asked Hawash to explain the Early Dispute Resolution process its benefits. CONTACT Michael Hawash Hawash Houston Mediation 711 W. Alabama, Houston, TX 77006 713-658-9015 www.HoustonMediation.com
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