Introduction of The Mediator Handbook

THE MEDIATOR HANDBOOK  The Mediator handbook has been developed by the International Finance Corporation (IFC) and the Center for Effective Dispute Resolution (CEDR) to provide a collection of recommendations on best mediation practices primarily for commercial mediators. This handbook has been developed to serve as essential preparation for Mediator Skills Training (MST) course delivered by IFC and CEDR for IFC clients, with some modifications based on the country of course delivery.

In Vietnam, the book is included as a part of the materials for the Mediation Training Courses organized by IFC and CEDR with the support of the Vietnam International Arbitration Centre (VIAC) and the Vietnam Mediation Centre (VMC) under VIAC. The book is used for the purpose of supporting learners' research and internships through practice and feedback, also helps those who already have background knowledge and experience in reconciliation to review useful understandings about mediation. Reading this Handbook after the course will help learners enhance their knowledge of the roles and skills of mediator and the mediation process. The Handbook is also suitable for reference mediators or those who will become future mediators. However, this book is not intended to be a complete substitute for a direct practical skills training course.

ADR and the World Bank Group

Since 2004, the International Finance Corporation, a member of the World Bank Group, has been at the forefront of establishing commercial Alternative Dispute Resolution (ADR) in emerging markets. The main objective of IFC’s ADR programs was to institutionalize private mediation centers, judicial mediation/conciliation in chambers and court connected mediation and other forms of ADR for speedier and more cost-effective commercial dispute resolution, offering greater access to justice for entrepreneurs. As part of its technical assistance to both governments and the private sector globally, the World Bank Group aims to ensure that commercial mediation is established effectively.

The World Bank Group, through its Debt Resolution & Insolvency Program, continues to support the application of ADR by enhancing the legislative framework and creating more efficient judicial systems by building the capacity at courts to apply ADR. It introduces new best practices in ADR through the establishment or the modernization of commercial mediation centers and professionalizes mediation by transferring skills and know-how to practitioners. World Bank Group ADR projects also involve comprehensive awareness raising campaigns to inform the end users of the ADR processes of the new available tools for dispute resolution, their benefits and use.

Successful initiatives in the Balkans, Pakistan, Egypt, Morocco, Liberia, Bangladesh Papua New Guinea, Tonga, Vanuatu and other countries assisted by the World Bank Group have all had a strong element of mediator skills training to both engender the concept of ADR and the capacity to deliver ADR services. Only in Egypt, by 2017, the WBG initiative successfully trained and licensed 68 mediators, judges and private practitioners, and over 1814 commercial cases were referred to mediation as a result. In Morocco, between 2010-2013, the WBG ADR program trained and certified 67 commercial mediators, resulting in 2124 cases were referred to mediation in private mediation centers, of which 1729 were successfully resolved. More recently, the World Bank Group supported the development of commercial mediation in Vietnam, where it assisted the public sector with the enactment of key legislation, related to procedural and enforcement aspects of commercial mediation, as well as the private sector with respect to enacting mediation rules and codes, and building 71 newly trained mediators’ practical skills, of whom 12 trained mediators were selected for a training of trainers. Such capacity is without doubt one of the primary steps in building momentum and the World Bank Group has thus worked positively with these trained mediators locally, to conduct mediations, build mediation institutions and in developing them to train others in the future.

The present version of the Handbook has been used in the mediator practical skills trainings for judges and / or private practitioners in Egypt, Morocco, Lebanon and Vietnam, with some modifications and updates. In Egypt, the Handbook was also updated to address potential gender-related power imbalance issues that can arise during mediation between parties, which is not included in this version of the Handbook.  

About IFC:

IFC—a sister organization of the World Bank and member of the World Bank Group—is the largest global development institution focused on the private sector in emerging markets. We work with more than 2,000 businesses worldwide, using our capital, expertise, and influence to create markets and opportunities where they are needed most. In fiscal year 2019, we delivered more than $19 billion in long-term financing for developing countries, leveraging the power of the private sector to end extreme poverty and boost shared prosperity. For more information, visit: www.ifc.org  

About CEDR:

The Centre for Effective Dispute Resolution (CEDR) specializes in mediation and alternative dispute resolution (ADR). We are an independent non-profit organization and a registered charity. Our aim is to provide society with skills and solutions for effective dialogue, and to bring about sustainable change. For more information about CEDR, please visit the link: https://www.cedr.com/aboutus/

Credits

This handbook is based on The Mediator Handbook (2012) written by the Centre for Effective Dispute Resolution (CEDR).

According to the website of the International Finance Corporation (IFC) of the World Bank Group.