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Conflict resolution: NY-based body keen on cooperation

Mohan Padmanabhan

Recently in New York

THE New York-based International Institute for Conflict Prevention & Resolution (CPR), an international non-profit alliance of some 500 global corporations, leading law firms and academics at the forefront of new alternatives to litigation, is willing to forge a partnership with the Kolkata-based Indian Chamber of Commerce for building a capability based in India.

Talking to visiting members of an ICC-led delegation on ADR at an interactive session organised by the Council of State Governments (CSG) here recently, Mr Thomas J. Stipanowich, President & CEO of CPR, said many opportunities for mutual cooperation exist, given the compatible legal systems of both the US and India. Unveiling CPR's vision of emerging as a globally networked body within the next three years, he saw opportunities for collaboration with ICC in the training of neutrals (mediators).

Pointing out that the resources required for such a venture for a non-profit entity such as CPR, as always, was a major challenge, he said the proposal would be discussed by the CPR board soon.

"We are looking at international opportunities all the time, including in countries like India," he pointed out.

"Our mission, since founding in 1979, is to build ADR into the mainstream of the law department and firm practice, and to fulfil this objective, CPR is currently engaged in an integrated agenda of conflict resolution, research and development, education and advocacy."

Dwelling at length on the enormous scope of ADR in speedily resolving commercial disputes, particularly in the strong emerging economies of Asia, he said some 700 prominent attorneys, former judges, legally trained executives and academics serve on CPR's national, international, regional and specialised panels of mediators. He said that CPR panelists currently were resolving disputes in excess of $9 billion.

According to Mr Stipanowich, some 800 corporations and operating subsidiaries have signed the CPR Corporate Policy Statement on Alternatives to Litigation, besides 1,500 firms, which have signed the COPR Law Firm Policy Statement on the Alternatives to Litigation. He said leading companies in numerous industries in the US and outside have signed CPR commitments to employ mediation to resolve disputes among themselves or those common to their industry.

The CPR membership, according Mr Stipanowich, constitutes 500 general counsel of major corporations, senior partners of leading law firms, prominent legal and social science scholars and selected public institutions.

A significant step forward by CPR in forging partnerships with companies in Asia, he felt, was the formation of the US-China Business Mediation Centre established last year.

This is a joint project of the Conciliation Centre of the China Council for Promotion of International Trade (CCPIT), China Chamber of International Commerce (CCOIC) and the CPR.

The ostensible purpose, according to Mr Stipanowich, was to provide an alternative to arbitration or litigation for the management and resolution of complex commercial disputes arising between American and Chinese businesses.

The Chinese and American mediators provided by the Centre, drawn from the highest echelons of Chinese and American lawyers and business people, are specially trained by CPR and CCPIT to be aware of the business practices and legal alternatives of both Chinese and American companies.

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