Cross-border co-mediation teams

 

The core team consists of Manon Schonewille (NL)Jeremy Lack (CH) and Peter Kamminga (USA | NL), Dimitra Triantafyllou (GR), who are experienced ADR neutrals (including mediation, conciliation and arbitration) and have combined experience working in complex and high value commercial disputes. They are all internationally-recognized mediators, having chaired, co-chaired and trained various ADR committees and having worked together for nearly 10 years. Besides these core team-members we collaborate with higly recognized neutrals in various jurisdictions that can be flexbilbly added to a co-mediatoin team.

All co-mediation team-members are used to working with large multinationals and international ADR institutions, in common law as well as in civil law jurisdictions, including for institutions such as the International Mediation Institute (IMI), the American Bar Association (ABA), the International Chamber of Commerce (ICC), the Paris Bar Association, Utrecht University and the Swiss Chamber of Commercial Mediation (SCCM). The teams work fluently in English and between them also work fluently in Dutch, French, German, Greek and other European languages. They have complementary legal and business skills, ranging from technology, construction and intellectual property, through to sales, finance and marketing.  

 

Style of Co-Mediation

The teams apply an outcome-focused and holistic style of co-mediation that is adapted to cross-cultural disputes. It starts off by ensuring that the negotiation partners have a common understanding of the mediation process (which can vary significantly country-by-country), and to tailor the process to take into account each party’s procedural needs and their future business interests.

  • The goal is to reach an outcome within a day or a few days, whether for settling a dispute or to facilitate a transaction in the context of reaching a business deal. 
  • The process is targeted to lead to an outcome that satisfies each party substantively, procedurally and psychologically.

This approach typically results in a primarily facilitative style of mediation, where the team does preparatory work with each disputant to separately elicit its interests, positions, and alternatives and to do prior perspective-taking that will allow the parties to find solutions based on to their business needs. Depending on the parties' needs and the specific circumstances of the case the team can also provide evaluative or transformative segments to the process, or combine various types of mediation on different topics, depending on the constraints or perceived procedural needs of the parties.  The mediators thus work closely with all of the participants to discuss process design issues and guide them to an outcome that is based on a mutual understanding of the purpose of the mediation. 

Emphasis is placed on prior preparation, communication, stimulating creativity and collaborative problem-solving, even in tough disputes that have been adversarial to date. They take into account each party’s values, interests, positions, and alternatives and help the participants to jointly generate new options that will meet their needs and that are in accordance with any constraints that may exist.

 

Initiating a cross border mediation

For more information or for help in initiating a cross-border mediation please feel free to contact Manon SchonewilleJeremy Lack or Peter Kamminga directly.

 

Picture taken at Spaces Vijzelstraat by Huub Liefhebber ©2014 all rights reserved.