Some Challenges of Promoting Commercial Mediation in the Developing World
Prof. Hiro N. Aragaki, FCIarb | Professor of Law at Loyola Law School in Los Angeles (USA) | Professorial Research Associate at SOAS
Date: 21 March 2018 Time: 6:00 PM
Finishes: 21 March 2018 Time: 8:30 PM
Venue: Brunei Gallery Room: B111
Type of Event: Seminar
As crippling court backlogs have often meant that “justice delayed is justice denied,” businesses and governments in the developing world are increasingly looking to mediation as a more efficient, amicable, and flexible way to resolve commercial disputes. But what are the obstacles to making mediation a practical reality in many of these locales? What is the best way to meet those obstacles—through legislation or judicial reform, or through bottom-up initiatives aimed at changing ingrained mindsets and cultivating a new breed of the ‘lawyer-as-problem solver’? And what is the future outlook of mediation in commercial hubs across Asia and Africa?
Professor Aragaki started mediating cases in 2001 and has provided mediation training to judges and lawyers in the U.S. and in selected regions in Africa and Asia. Last year, he was retained by the World Bank to help set up and train the first court-connected mediation program in Monrovia, Liberia. For the past several years, he has provided ongoing training and advice in connection with efforts to draft a new national mediation law in India. He is currently working on the first comprehensive, comparative study of mediation legislation from around the world.