LOCAL VOTING RESULTS...All of the data generated during Global Pound Conference (GPC) events belongs...

1

LOCAL VOTING

RESULTS

2

LOS ANGELES

March 16, 2017

3

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GLOBAL SPONSORS

Diamond Platinum Gold

Founder Sponsors: Herbert Smith Freehills, Singapore International Dispute Resolution Academy, PWC, JAMS, AkzoNobel,

BAC/BIAC, Shell and ICDR

Silver

Session 1

Which category of stakeholder will you vote as today? (If your regular practice involves several of these options, please select the one in which you have primarily been involved).

(54)

Party (user of dispute resolution services): A person or in-house counsel involved in

commercial disputes (5) 9.26%

Advisor: An external lawyer or consultant to a party (9) 16.67%

Adjudicative Provider: A judge, arbitrator, or organisation providing their services (10) 18.52%

Non-Adjudicative Provider: A conciliator, mediator or organisation providing such services (23) 42.59%

Influencer: A researcher, educator, employee/representative of government, or any other person not in categories 1-4 above (7) 12.96%

Session 1 - Demographic Results

Session 1 Question 1 - Group Results

What outcomes do parties most often want before starting a process in commercial civil

dispute resolution?

(Pease rank your 3 preferred answers in order of priority: ‘1st choice’= 3 points, ‘2nd choice’= 2 points, ‘3rd choice’ = 1 point).

(306)

2.Financial (e.g. damages, compensation, etc.) (111) 71.00%

1.Action-focused (e.g. prevent action or require an action from one of the parties) (81) 52.00%

4.Psychological (e.g., vindication, closure, being heard, procedural fairness) (69) 44.00%

5.Relationship-focused (e.g. terminate or preserve a relationship) (33) 21.00%

3.Judicial (e.g. setting a legal precedent) (12) 8.00%

Other (0) 0.00%

AVG

Rank

Party (4) Advisor (9) Adjudicative

Provider (10)

Non-Adjudicative

Provider (21)

Influencer (7)

1

2.Financial (e.g. damages, 2.Financial (e.g. damages, 2.Financial (e.g. damages, 2.Financial (e.g. damages, 2.Financial (e.g. damages,

2

1.Action-focused (e.g. 1.Action-focused (e.g. 1.Action-focused (e.g. 4.Psychological (e.g., 1.Action-focused (e.g.

4.Psychological (e.g.,

3

4.Psychological (e.g., 4.Psychological (e.g., 4.Psychological (e.g., 1.Action-focused (e.g. 5.Relationship-focused

compensation,…

92%

compensation,…

70%

compensation,…

90%

compensation,…

65%

compensation,…

62%

prevent action…

58%

prevent action…

59%

prevent action…

57%

vindication, closure,…

52%

prevent action…

57%


57%


25%


37%


37%

prevent action…

46%

(e.g. terminate or…

14%

4

5.Relationship-focused 5.Relationship-focused 5.Relationship-focused

5

5.Relationship-focused


17%


26%

3.Judicial (e.g. setting a…

10% (e.g. terminate or…

30%


10%


8%


7% (e.g. terminate or…

7%


6%

Session 1 Question 1 - Cross Sorted Results


When parties involved in commercial disputes are choosing the type(s) of dispute resolution

process(es) to use, which of the following has the most influence?

(Please rank your 3 preferred answers in order of priority: ‘1st choice’= 3 points, ‘2nd choice’= 2 points, ‘3rd choice’ = 1 point).

(306)

1.Advice (e.g. from lawyer or other advisor) (109) 70.00%

3.Efficiency (e.g. time/cost to achieve outcome) (89) 57.00%

5.Predictability of outcome (47) 30.00%

2.Confidentiality expectations (24) 15.00%

6.Relationships (e.g. preventing conflict escalation) (20) 13.00%

4.Industry practices (17) 11.00%

Other (0) 0.00%

AVG

Rank


Provider (10)

Non-Adjudicative

Provider (21)

Influencer (7)

1

2

1.Advice (e.g. from 3.Efficiency (e.g. time/cost 3.Efficiency (e.g. time/cost 3.Efficiency (e.g. time/cost 1.Advice (e.g. from

3

5.Predictability of 5.Predictability of 2.Confidentiality

6.Relationships (e.g. 5.Predictability of

3.Efficiency (e.g. time/cost to…

75%

1.Advice (e.g. from lawyer…

93%


77%


63%

3.Efficiency (e.g. time/cost to…

67%

lawyer…

67%

to…

48%

to…

50%

to…

60%

lawyer…

62%

outcome

58%

outcome

30%

expectations

30%

5.Predictability of outcome

30%

preventing conflict…

25%

outcome

38%

4

5

2.Confidentiality 6.Relationships (e.g.

6

2.Confidentiality expectations

22%

4.Industry practices

10%

5.Predictability of outcome

24%


24%


4%

6.Relationships (e.g. preventing

conflict…

4%

6.Relationships (e.g. preventing

conflict…

3%

expectations

14%

preventing conflict…

10%


13%



When lawyers (whether in-house or external) make recommendations to parties about procedural

options for resolving commercial dispute, which of the following has the most influence?


(306)

1.Familiarity with a particular type of dispute resolution process (99) 63.00%

3.Impact on costs/fees the lawyer can charge (77) 49.00%

5.The type of outcome requested by the party (e.g. money, an injunction, etc.) (77) 49.00%

4.The party's relationships with the other party(ies) or stakeholders (26) 17.00%

2.Industry practices (21) 13.00%

Other (6) 4.00%

AVG

Rank


Provider (10)

Non-Adjudicative

Provider (21)

Influencer (7)

1

1.Familiarity with a 1.Familiarity with a 1.Familiarity with a 1.Familiarity with a 3.Impact on costs/fees

2

3.Impact on costs/fees 3.Impact on costs/fees 1.Familiarity with a

3

4.The party's relationships 3.Impact on costs/fees

4

3.Impact on costs/fees 4.The party's relationships 4.The party's relationships

particular…

83%

particular…

63%

5.The type of outcome…

63%

particular…

67%

particular…

60%

the…

71%


50% the…

41%

the…

50%


54% particular…

67%

with…

42%


15%


43% the…

52%


33%

the…

25%

Other

11% with…

23%

with…

17%


24%

5

4.The party's relationships 4.The party's relationships

6

with…

7%

Other

10%


16% with…

5%


7%



What role do parties involved in commercial disputes want providers to take in the dispute

resolution processes?


(312)

5.The parties initially do not have a preference but seek guidance from the providers regarding optimal ways of

resolving their dispute (96) 60.00%

2.The providers decide on the process and the parties decide how the dispute is resolved (62) 39.00%

3.The parties decide on the process and the providers decide how the dispute is resolved (60) 38.00%

1.The parties decide how the process is conducted and how the dispute is resolved (the providers just assist) (55)

35.00%

4.The providers decide on the process and how the dispute is resolved (30) 19.00%

Other (9) 6.00%

AVG

Rank

Party (4) Advisor (9) Adjudicative Provider (10) Non Adjudicative Influencer (7)

Provider (22)

1

2

3

5.The parties initially do…

75%


67%

3.The parties decide on…

50%


68%


52%

1.The parties decide how…

50%


50%


56%

2.The providers decide on…

47%


50%


48%


48%


25%


30%


43%


39%


24%

4

5

6


19%


19%


40%


29%


14%

Other

14%

Other

11%


13%


12%

Other

7%

Other

2%



What role do parties involved in commercial disputes typically want lawyers (i.e., in-house or external

counsel) to take in the dispute resolution processes?


(300)

5.Speaking for parties and/or advocating on a party's behalf (107) 70.00%

4.Working collaboratively with parties to navigate the process. May request actions on behalf of a party (95)

62.00%

2.Acting as advisors and accompanying parties but not interacting with other parties or providers (39) 25.00%

3.Participating in the process by offering expert opinions, not acting on behalf of parties (37) 24.00%

6.Parties do not normally want lawyers to be involved (10) 7.00%

1.Acting as coaches, providing advice but not attending (9) 6.00%

Other (3) 2.00%

4

3.Participating in the 3.Participating in the 1.Acting as coaches, 6.Parties do not

5

1.Acting as coaches, 6.Parties do not 3.Participating in the

6

1.Acting as coaches, 1.Acting as coaches,

AVG

Rank


Provider (10)

Non-Adjudicative

Provider (21)

Influencer (6)

1

5.Speaking for parties 5.Speaking for parties 5.Speaking for parties 4. Working collaboratively

5. Speaking for parties

5.Speaking for parties

2

4.Working collaboratively 4.Working collaboratively 4.Working collaboratively 3.Participating in the

3

3.Participating in the 4.Working collaboratively

and/or…

92%

and/or…

85%

and/or…

80%

with parties…

60%

and/or…

60%

and/or…

61%

with parties…

67%

with parties…

81%

with parties…

70%

process…

35%

2.Acting as advisors and…

50%


25%


19% process…

23%


27% with parties…

33%

process…

8%

Other

8%

process…

11%


17% providing…

10%

normally…

28%

providing…

4%

Other

7% normally…

8%

process…

22%

providing…

3%

providing…

6%


Word Cloud – Session 1

What words would you use to describe a sophisticated commercial party?

Session 2


(48)









What outcomes do providers tend to prioritise in commercial dispute resolution?


(282)

2.Financial (e.g. damages, compensation, etc.) (108) 73.00%

1.Action-focused (e.g. prevent action or require an action from one of the parties) (73) 50.00%

4.Psychological (e.g., vindication, closure, being heard, procedural fairness) (50) 34.00%

5.Relationship-focused (e.g. terminate or preserve a relationship) (41) 28.00%

3.Judicial (e.g. setting a legal precedent) (6) 4.00%

Other (4) 3.00%

AVG

Rank


Provider (7)

Non-Adjudicative

Provider (26)

Influencer (5)

1

1.Action-focused (e.g. 2.Financial (e.g. damages, 2.Financial (e.g. damages, 2.Financial (e.g. damages, 2.Financial (e.g. damages,

2

4.Psychological (e.g., 1.Action-focused (e.g. 1.Action-focused (e.g. 1.Action-focused (e.g. 1.Action-focused (e.g.

3

2.Financial (e.g. damages, 4.Psychological (e.g., 4.Psychological (e.g., 5.Relationship-focused 4.Psychological (e.g.,

4

5.Relationship-focused 5.Relationship-focused 4.Psychological (e.g., 5.Relationship-focused

prevent action…

100%

compensation,…

79%

compensation,…

86%

compensation,…

72%

compensation,…

93%


67%

prevent action…

54%

prevent action…

52%

prevent action…

47%

prevent action…

60%

compensation,…

33%


38%


29%


38%


33%


21%


24%


36%


7%

Other

7%

5

6


8% 3.Judicial (e.g. setting a…

10% Other

4%


3%



The outcome of a commercial dispute is determined primarily by which of the following?


(282)

1.Consensus: the parties’ subjective interests (98) 67.00%

4.Rule of Law: findings of fact and law or other norms (79) 54.00%

3.Equity: general principles of fairness (74) 50.00%

2.Culture: based cultural and/or religious norms (17) 12.00%

5.Status: deferring to authority/hierarchies (11) 7.00%

Other (3) 2.00%

4

2.Culture: based cultural 5.Status: deferring to 2.Culture: based cultural 2.Culture: based cultural

5

AVG

Rank


Provider (7)

Non-Adjudicative

Provider (26)

Influencer (5)

1

1.Consensus: the parties’ 3.Equity: general 1.Consensus: the parties’ 1.Consensus: the parties’

2

5.Status: deferring to 1.Consensus: the parties’ 1.Consensus: the parties’ 3.Equity: general

3

3.Equity: general 3.Equity: general 2.Culture: based cultural 3.Equity: general

subjective…

100%

4.Rule of Law: findings…

75% principles of…

67%


67%

subjective…

79%

subjective…

60%

authority/hierarchies

67%

subjective…

63%

subjective…

43%


50% principles of…

53%


53%

principles of…

33%

principles of…

54%

and/or…

19%

principles of…

49%

Other

20%

and/or…

4%

5.Status: deferring to


4%


5%

and/or…

13%

and/or…

13%

5.Status: deferring to


9%


Session 2 Question 3- Group Results

In commercial disputes, what is achieved by participating in a non- adjudicative process (mediation or

conciliation) (whether voluntary or involuntary - e.g. court ordered)?


(276)

5.Retaining control over the outcome (92) 64.00%

4.Reduced costs and expenses (74) 51.00%

1.Better knowledge of the strengths/weaknesses of the case or likelihood of settlement (65) 45.00%

3.Improving or restoring relationships (24) 17.00%

2.Compliance (e.g. avoiding cost sanctions, meeting contractual obligations) (15) 10.00%

6.Tactical/strategic advantage (e.g. delay) (6) 4.00%

Other (0) 0.00%

4

2. Compliance (e.g.

3. Improving or restoring

6.Tactical/strategic

2. Compliance (e.g.

3. Improving or restoring

3.Improving or restoring 3.Improving or restoring

6.Tactical/strategic

5

6

AVG

Rank


Provider (7)

Non-Adjudicative

Provider (26)

Influencer (5)

1

2

3

1.Better knowledge of 4.Reduced costs and 1.Better knowledge of 1.Better knowledge of 1.Better knowledge of

5.Retaining control over the…

100%

1.Better knowledge of the…

76%


71%


68%


87%

4.Reduced costs and expenses

67%


38%


48%


62%


53%

the…

33%

expenses

29%

the…

33%

the…

44%

the…

47%

avoiding cost…

19%

relationships

19%

advantage (e.g. delay)

19%

avoiding cost…

24%

relationships

24%

relationships

18%

relationships

7%

advantage (e.g. delay)

7%

2.Compliance (e.g. avoiding cost…

8%

6.Tactical/strategic advantage

(e.g. delay)

1%



Who is primarily responsible for ensuring parties involved in commercial disputes understand their

process options, and the possible consequences of each process before deciding which one to use?


(276)

2.External lawyers (97) 67.00%

4.In-house lawyers (74) 51.00%

5.Non-Adjudicative Providers: mediators and conciliators or their organisations (51) 35.00%

1.Adjudicative Providers: judges and arbitrators or their organisations (36) 25.00%

6.Parties (non-legal personnel) (12) 8.00%

3.Governments/ministries of justice (6) 4.00%

Other (0) 0.00%

1

2

5.Non-Adjudicative

Providers: mediators

5.Non-Adjudicative


1.Adjudicative Providers: 5.Non-Adjudicative


3

1.Adjudicative Providers: 1.Adjudicative Providers:

6.Parties (non-legal

5.Non-Adjudicative



2.External lawyers

100%

2.External lawyers

81%

4.In-house lawyers

81%

2.External lawyers

71%

2.External lawyers

65%

2.External lawyers

73%

4.In-house lawyers

73%

and…

67%

and…

14%

judges and…

62%

4.In-house lawyers

50% and…

33%

judges and…

33%

judges and…

10%

personnel)

10%

4.In-house lawyers

33% and…

45%

personnel)

13%

AVG

Rank


Provider (7)

Non-Adjudicative

Provider (26)

Influencer (5)

4


5

6

5.Non-Adjudicative Providers:

mediators and…

29%

3.Governments/ministries of

justice

5% judges and…

24%

judges and…

7%

6.Parties (non-legal personnel)

5%


9%

3.Governments/ministries of

justice

6%



Currently, the most effective commercial dispute resolution processes usually involve which of

the following?


(270)

2.Combining adjudicative and non-adjudicative processes (e.g. arbitration/litigation with mediation/conciliation)

(84) 60.00%

4.Non-adjudicative dispute resolution methods (mediation or conciliation) (69) 49.00%

5.Pre-dispute or pre-escalation processes to prevent disputes (55) 39.00%

3.Encouragement by courts, tribunals or other providers to reduce time and/or costs (31) 22.00%

1.Adjudicative dispute resolution methods (litigation or arbitration) (26) 18.00%

6.Technology to enable faster, cheaper procedures, (e.g. Online Dispute Resolution, electronic administration,

remote hearings) (3) 2.00%

Other (2) 1.00%

AVG

Rank

Party (1 ) Advisor (7) Adjudicative Provider

(6)

Non-Adjudicative Provider

(26)

Inf luencer (5)

1

2.Combining adjudicative 2.Combining adjudicative 2.Combining adjudicative

2

2.Combining adjudicative 1.Adjudicative dispute 1.Adjudicative dispute

5.Pre-dispute or pre-

4.Non-adjudicative

dispute resolution


4.Non-adjudicative dispute

resolution methods…

100%

and non-adjudicative…

67%



72%


64%


87%


67%


48%


33%

escalation processes…

33%

methods…

56%


40%

3

1.Adjudicative dispute 3.Encouragement by


2.Combining adjudicative 5.Pre-dispute or pre- 4.Non-adjudicative

dispute resolution

4

3.Encouragement by 3.Encouragement by 3.Encouragement by

5

1.Adjudicative dispute 1.Adjudicative dispute


33%

courts, tribunals…

33%


33%


28%


46% methods…

33%



19%


22%


21%


27%

Other

11% resolution methods…

9%


13%

6

6.Technology to enable

faster,…

4%



What words would you use to describe what can be done to exceed parties’ expectations in commercial dispute resolution?

Session 3


(44)









What are the main obstacles or challenges parties face when seeking to resolve commercial

disputes?


(252)

2.Financial or time constraints (79) 63.00%

4.Insufficient knowledge of options available to resolve disputes (59) 47.00%

1.Emotional, social, or cultural constraints (57) 45.00%

5.Uncertainty (e.g. unpredictable behaviour or lack of confidence in providers) (33) 26.00%

3.Inadequate range of options available to resolve disputes (24) 19.00%

Other (0) 0.00%

AVG

Rank


Provider (7)

Non-Adjudicative

Provider (23)

Influencer (4)

1

2.Financial or time 2.Financial or time 2.Financial or time 2.Financial or time

4.Insufficient knowledge

2.Financial or time

4.Insufficient knowledge

2

1.Emotional, social, or 5.Uncertainty (e.g. 1.Emotional, social, or 1.Emotional, social, or 1.Emotional, social, or

3

4.Insufficient knowledge 4.Insufficient knowledge 4.Insufficient knowledge 3.Inadequate range of 5.Uncertainty (e.g.

constraints

83%

constraints

67%

constraints

86%

constraints

52%

of options…

52%

constraints

67%

of options…

67%

cultural…

67%

unpredictable behaviour…

56%

cultural…

43%

cultural…

49%

cultural…

42%

of options…

33%

of options…

33%

of options…

33%

options…

25%


25%

4

5.Uncertainty (e.g. 1.Emotional, social, or 3.Inadequate range of 5.Uncertainty (e.g.

5.Uncertainty (e.g.

5


17%

cultural…

28%

options…

19%


19%


22%

3.Inadequate range of options…

17%



To improve the future of commercial dispute resolution, which of the following processes and tools

should be prioritised?


(246)

2.Combining adjudicative and non-adjudicative processes (e.g. arbitration/litigation with mediation/conciliation)

(66) 54.00%

4.Non-adjudicative dispute resolution methods (mediation or conciliation) (57) 46.00%

5.Pre-dispute or pre-escalation processes to prevent disputes (56) 46.00%

3.Encouragement by courts, tribunals or other providers to reduce time and/or costs (39) 32.00%

1.Adjudicative dispute resolution methods (litigation or arbitration) (15) 12.00%

6.Technology to enable faster, cheaper procedures, (e.g. Online Dispute Resolution, electronic administration,

remote hearings) (13) 11.00%

Other (0) 0.00%

AVG

Rank


(7)


(23)

Inf luencer (4)

1

1.Adjudicative dispute 5.Pre-dispute or pre- 2.Combining adjudicative

3.Encouragement by

2

2.Combining adjudicative


2.Combining adjudicative 5.Pre-dispute or pre- 2.Combining adjudicative



67%


50%


61%


57%



57%


75%


50%


50%


44%



50%


43%


67%

3

2.Combining adjudicative 3.Encouragement by 5.Pre-dispute or pre-

4

1.Adjudicative dispute

6.Technology to enable

5

3.Encouragement by courts, tribunals

17%

6.Technology to enable faster,…

17%


33%

5.Pre-dispute or pre- escalation

processes…

33%


44%


29%


50%



22%


17%


17%

faster,…

10%



8%


17%


11%

1.Adjudicative dispute resolution met.

4%


5.Use of protocols promoting non-adjudicative processes before adjudicative processes (e.g. opt-out) (83) 66.00%


Which of the following areas would most improve commercial dispute resolution?


(252)

3.Legislation or conventions that promote recognition and enforcement of settlements, including those reached in

mediation (56) 44.00%

4.Quality control and complaint mechanisms applicable to dispute resolution providers (53) 42.00%

2.Cost sanctions against parties for failing to try non-adjudicative processes (e.g. mediation or conciliation) before

litigation/arbitration. (29) 23.00%

1.Accreditation or certification systems for dispute resolution providers (20) 16.00%

6. Rules governing third party funding (6) 5.00%

Other (5) 4.00%

4

5

6

AVG

Rank


(8)


(23)

Inf luencer (4)

1

2

1.Accreditation or

4.Quality control and 4.Quality control and 3.Legislation or 4.Quality control and

3

3. Legislation or

3.Legislation or 3.Legislation or 4.Quality control and 2.Cost sanctions against

2.Cost sanctions against parties…

67%

5.Use of protocols promoting…

78%


81%


65%

3.Legislation or conventions that…

58%

certification systems…

50%


50%

complaint…

72%

complaint…

57%

conventions that…

48%

complaint…

50%

conventions that…

17%

4. Quality control and complaint…

17%

conventions that…

33%

conventions that…

43%

complaint…

30%

parties…

33%


33%


17%


10%

1.Accreditation or certification systems

23%


23%

Other

25%

1.Accreditation or certification systems

5%

Other

5%

6. Rules governing third…

9%

Other

1%



Which stakeholders are likely to be most resistant to change in commercial dispute

resolution practice? (Please rank your 3 preferred answers in order of priority: ‘1st choice’= 3 points, ‘2nd choice’= 2 points, ‘3rd choice’ = 1 point).

(252)







Other (3) 2.00%

AVG

Rank


(7)


(23)

Inf luencer (4)

1

2

1.Adjudicative Providers: 1.Adjudicative Providers: 6.Parties (non-legal 1.Adjudicative Providers:

2.External lawyers

83%

2.External lawyers

50%


50%

2.External lawyers

57%

2.External lawyers

71%

2.External lawyers

75%

judges and…

50%

judges and…

44%

personnel)

48%

judges and…

51%

1.Adjudicative Providers: judges and

33%


33%

3

1.Adjudicative Providers: 3.Governments/ministries

4

3.Governments/ministries 3.Governments/ministries

3.Governments/ministries of justice

33%

4.In-house lawyers

33%

4.In-house lawyers

33% judges and…

43%

4.In-house lawyers

39% of justice

25%


11%

5.Non-Adjudicative Providers

11%

of justice

29%

of justice

22%

4.In-house lawyers

17%

5

6

4.In-house lawyers

19%


12%


8%

Other

8%


5%


3%

Other

3%



Which stakeholders have the potential to be most influential in bringing about change in

commercial dispute resolution practice?


(258)







Other (0) 0.00%

AVG

Rank


(8)


(23)

Inf luencer (4)

1

1.Adjudicative Providers: 3.Governments/ministries

2


2.External lawyers

50%


50%

2.External lawyers

44%


44%

judges and…

83%

of justice

49%

4.In-house lawyers

67%

1.Adjudicative Providers: judges and

33%


33%

4.In-house lawyers

33%

judges and…

39%

4.In-house lawyers

39%

4.In-house lawyers

33%

2.External lawyers

46% judges and…

42%

3

6.Parties (non-legal 1.Adjudicative Providers:

4

3.Governments/ministries

3.Governments/ministries

personnel)

28%


mediators and…

29%

judges and…

35%

2.External lawyers

25%


25%


25%


mediators and…

6%

2.External lawyers

25%

of justice

25%

4.In-house lawyers

30% of justice

17%

5

6


4% 5.Non-Adjudicative Providers

23%


16%



What words would you use to describe the most common impediments that keep parties from resolving their commercial

disputes?

Session 4


(33)









Who has the greatest responsibility for taking action to promote better access to justice in

commercial dispute resolution?


(180)







Other (3) 3.00%

AVG

Rank


(4)


(19)

Inf luencer (3)

1

1.Adjudicative Providers 1.Adjudicative Providers

2

3.Governments/ministries 1.Adjudicative Providers:

3.Governments/ministries 1.Adjudicative Providers:

1.Adjudicative Providers

100%

2.External lawyers

56% 83%


65% 56%

of justice

67%

44%


44%

of justice

50%

judges and…

42%

2.External lawyers

44%

3


4

2.External lawyers

33% personnel)

33%

2.External lawyers

42%

2.External lawyers

40%


33%

4.In-house lawyers

33%


33%

4.In-house lawyers

22%


17%

4.In-house lawyers

25%

5

6

7

4.In-house lawyers

8%


16%


7%

Other

5%



What is the most effective way to improve parties' understanding of their options resolving commercial

disputes?


(180)

2.Education in business and/or law schools and the broader business community about adjudicative and non-

adjudicative dispute resolution options (53) 57.00%

5.Requiring parties to attempt non-adjudicative options (i.e., mediation or conciliation) before initiating litigation

or arbitration (39) 42.00%

3.Procedural requirements for all legal personnel and parties to declare they have considered non-adjudicative

dispute resolution options before initiating arbitration or litigation (32) 34.00%

1.Creating collaborative dispute resolution centres or hubs to promote awareness (27) 29.00%

4.Providing access to experts to guide parties in selecting the most appropriate dispute resolution process(es)

(26) 28.00%

Other (3) 3.00%

AVG

Rank


Provider (4)

Non-Adjudicative

Provider (19)

Influencer (3)

1

5.Requiring parties to 2.Education in business 2.Education in business 2.Education in business 3.Procedural requirements

2

2.Education in business 1.Creating collaborative 5.Requiring parties to 5.Requiring parties to 5.Requiring parties to

3

1.Creating collaborative 3.Procedural requirements 3.Procedural requirements 1.Creating collaborative

3. Procedural requirements

4. Providing access to

2.Education in business

attempt…

100%

and/or…

100%

and/or…

67%

and/or…

53%

for all…

67%

and/or…

67%

dispute resolution…

44%

attempt…

58%

attempt…

42%

attempt…

56%


33%

for all…

33%

for all…

33%


33%

for all…

33%

experts…

33%

and/or…

44%

4

5

4.Providing access to experts…

22%


25%

Other

5%


22%

1.Creating collaborative dispute

resolution…

17%

1.Creating collaborative dispute

resolution…

11%



To promote better access to justice for those involved in commercial disputes, where should policy

makers, governments and administrators focus their attention?


(180)

5.Use of protocols promoting non-adjudicative processes (mediation or conciliation) before adjudicative processes (58) 62.00%

2.Making non-adjudicative processes (mediation or conciliation) compulsory and/or a process parties can “opt-out”

of before adjudicative processes can be initiated (48) 52.00%

3.Pre-dispute or early stage case evaluation or assessment systems using third party advisors who will not be

involved in subsequent proceedings (42) 45.00%

1.Legislation or conventions promoting recognition and enforcement of settlements including those reached in

mediation (20) 22.00%

4.Reducing pressures on the courts to make them more efficient and accessible (9) 10.00%

Other (3) 3.00%

4

5

6

AVG

Rank


(4)


(19)

Inf luencer (3)

1

2.Making non-adjudicative 3.Pre-dispute or early 5.Use of protocols 5.Use of protocols 2.Making non-adjudicative

2

5.Use of protocols 5.Use of protocols 2.Making non-adjudicative 2.Making non-adjudicative 5.Use of protocols

3

3.Pre-dispute or early 4.Reducing pressures on 3.Pre-dispute or early 3.Pre-dispute or early 3.Pre-dispute or early

processes (mediation…

100%

stage…

78%

promoting…

75%

promoting…

63%


67%

promoting…

67%

promoting…

67%


58%


56%

promoting…

56%

stage…

33%

the…

33%

stage…

42%

stage…

46%

stage…

33%

1.Legislation or conventions

promoting…

22%


promoting…

25%


promoting…

23%


promoting…

22%

4.Reducing pressures on

the…

22%

4.Reducing pressures on

the…

7%

Other

5%


2.Demand for increased efficiency of dispute resolution processes, including through technology. (73) 76.00%


Which of the following will have the most significant impact on future policy-making in



(186)

1.Demand for certainty and enforceability of outcomes (37) 39.00%

6.Demand for processes that allow parties to represent themselves, without lawyers (23) 24.00%

5.Demand for increased uniformity and standardisation (22) 23.00%

4.Demand for increased transparency (18) 19.00%

3.Demand for increased rights of appeal/oversight of adjudicative providers (7) 7.00%

Other (6) 6.00%

4

5

6

7

AVG

Rank


(4)


(20)

Inf luencer (3)

1

4.Demand for increased 2.Demand for increased 2.Demand for increased 2.Demand for increased 2.Demand for increased

2

2.Demand for increased 1.Demand for certainty

1.Demand for certainty

3

5.Demand for increased

1.Demand for certainty 6.Demand for processes 4.Demand for increased

transparency

100%

efficiency…

78%

efficiency…

83%

efficiency…

78%

efficiency…

78%

efficiency…

67%

and…

67%

5. Demand for increased uniformity

42%

6. Demand for processes that…

42%

and…

42%

1.Demand for certainty and…

44%

5.Demand for increased uniformity

44%

uniformity…

33%

5. Demand for increased uniformity…

22%

6. Demand for processes that…

22%

and…

17%

that…

25%

transparency

22%


transparency

11%

4.Demand for increased transparency

8%

Other

8%


transparency

18%

6.Demand for processes

that…

11%

5.Demand for increased uniformity

17%

3.Demand for increased rights

12%

Other

8%



What innovations/trends are going to have the most significant influence on the future of



(186)

3.Greater emphasis on collaborative instead of adversarial processes for resolving disputes (61) 64.00%

1.Changes in corporate attitudes to conflict prevention (47) 49.00%

2.Enhanced understanding regarding how people behave and resolve conflict (e.g. from brain and social sciences)

(38) 40.00%

6.Technological innovation (e.g. on-line dispute resolution) (19) 20.00%

5.Harmonisation of international laws and standards for dispute resolution systems (15) 16.00%

4.Greater emphasis on personal wellbeing and stress reduction of parties (4) 4.00%

Other (2) 2.00%

4

5

6

7

AVG

Rank


(4)


(20)

Inf luencer (3)

1

3.Greater emphasis on 2.Enhanced understanding 3.Greater emphasis on 3.Greater emphasis on 3.Greater emphasis on

2

2.Enhanced understanding 5.Harmonisation of 1.Changes in corporate

5.Harmonisation of

1.Changes in corporate 5.Harmonisation of

3

1.Changes in corporate 1.Changes in corporate 2.Enhanced understanding 2.Enhanced understanding 2.Enhanced understanding

collaborative…

100%

regarding how…

89%

collaborative…

75%

collaborative…

65%

collaborative…

89%

regarding how…

67%

international laws…

44%

attitudes…

42%


42%

attitudes…

60%


56%

attitudes…

33%

attitudes…

33%

regarding how…

25%

regarding how…

37%

regarding how…

33%

3.Greater emphasis on collaborative

22%

6.Technological innovation (e.g. on-

line…

17%

6.Technological innovation (e.g.

on-line…

27%

1.Changes in corporate attitudes

22%

6.Technological innovation

(e.g. on-line…

11%

4.Greater emphasis personal…

7%

Other

3%

5.Harmonisation of international laws

2%



What words would you use to describe the changes to commercial dispute resolution which should be focused on in the

future?

LOCAL VOTING RESULTS...All of the data generated during Global Pound Conference (GPC) events belongs...

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