Investment Climate and the Rule of Law - Role of Mediation in Creating the Change?
The field of Alternative Dispute Resolution (ADR) and mediation in particular, has grown throughout the world thanks in large part to substantial international donor attention to creating necessary legal frameworks, training neutrals, supporting oversight institutions and establishing policies and procedures to govern case management within courts and other organizations. The International Finance Corporation and Partners for Democratic Change lead a participatory discussion with a range of experts to discuss historical experiences, challenges, successes and mistakes in promoting mediation as an important aspect of establishing the Rule of Law. IFC ADR product advisors and new Partner Center Directors from Brazil and Serbia discussed how to apply those experiences to current efforts to promote ADR.
For a theoretical background for ADR, please see the following article from the Journal of Dispute Resolution (vol. 2003, no. 2) by Raymond Shonholtz, President of Partners for Democratic Change: A General Theory on Conflicts and Disputes
Panelists:
Gabriela Asmar, Director, Partners-Brazil
Gabriela Asmar has an LL. M at NYU, an MBA at the Brazilian correspondent of Kellogg University, an ongoing Masters Degree in Mediation at Kürt Bosh University (course held in Argentina by this Swiss University) and was first trained in Mediation at the Harlem Justice Center (NY, US). She has served as a mediator in corporate, family, criminal and community conflicts with the Rio de Janeiro Court System and the private practice. She has been responsible for multidisciplinary teams conceiving social and environmental responsibility projects, designing business strategies and public policies in different sectors in Brazil. She has worked in prestigious Brazilian Law Firms and internationally as a foreign associate in a NY Law Firm. Since 2007, she has been dedicating herself exclusively to the development of Mediation in Brazil. She is a mediation professor and has put theory into practices working on UNDP projects. She was one of the founders of the Mediation Commission at the State Bar and has been involved in the discussions of public policies on Mediation within the Court System and the Legislative Power. Ms. Asmar acts as CR Network Coordinator for Brazil (an ACR project) and she is currently working on the incorporation of a Brazilian Center for Partners for Democratic Change.
Blazo Nedic, Director, Partners-Serbia
Blazo Nedic formally joined Partners in October 2008. Blazo brings to the new Partners Center in Serbia an accomplished background in the Rule of Law sector. He is a licensed attorney and worked for the American Bar Association in Serbia for eight years, most recently as Deputy Director. Blazo is a seasoned professional with extensive experience coordinating international donors and local government institutions and NGOs. He is a trained mediator and has most recently been working with both judges and lawyers in Serbia to build understanding and support for Alternative Dispute Resolution in his country. Together with the Director of Partners-Slovakia, Dusan Ondrusek, Blazo has begun the process of conducting the initial Country Assessment in Serbia. The new Center is developing various initiatives, including a national program to promote the use of mediation within the legal community, and cross-border reconciliation programs with the Partners Center in Kosovo.
Donna Stienstra, Federal Judicial Center
Donna Stienstra is a senior researcher at the Federal Judicial Center, the United States federal courts’ agency for research and education. Her research and education efforts have focused on civil case management and alternative dispute resolution in the U.S. district and appellate courts. She has published extensively on court-related subjects, including studies of appellate procedure, discovery practice, and alternative dispute resolution. Donna regularly consults with the U.S. federal courts in their efforts to provide alternative dispute resolution services and has also consulted with state courts and court systems in other countries. She is currently serving on the ADR Product Advisory Board, an initiative of the Investment Climate Department of the International Finance Corporation.
Patricia Jungreis Sulser, Principal Counsel, Legal Department, International Finance Corporation
Patricia Sulser is a Principal Counsel at IFC, which she joined in 1992. She is the lead lawyer for IFC InfraVentures and has handled complex infrastructure financings (debt and equity) around the world. She has also managed a unit of lawyers handling micro and small enterprise sector financings, and was part of the team which developed the World Bank Group’s Conflicts of Interest office. She is also a certified mediator and serves on the Investment Climate Department ADR Product Advisory Board. Prior to joining IFC, Patricia worked at Shearman & Sterling in New York, London and Hong Kong, where she specialized in corporate and project finance, banking and securities matters. She attended The Washington College of Law at The American University and Wellesley College, and lives in Washington, DC.
Moderator:
Julia Roig, J.D., Executive Director, Partners for Democratic Change
Ms. Roig is responsible for the overall development and strategic planning of Partners’ network, as well as the management of Partners’ staff and global programming. She provides technical leadership on the development of new Centers and other new program development, and maintains relationships with key counterparts and donors.
Ms. Roig joined Partners after significant field experience in the Balkans and Latin America managing various Rule of Law and Conflict Resolution development programs. She is an experienced mediator, facilitator, systems designer and trainer; and has specialized expertise in international project evaluation and program assessments. Ms. Roig currently serves on the editorial board of Conflict Resolution Quarterly, and has written extensively on international conflict resolution and mediation program management. She began her legal career as a mediation program manager for the D.C. Courts, and then as ADR Specialist for the U.S. Office of Special Council. Ms. Roig holds a J.D. from The George Washington University.
