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Transparency, Sustainability, and Ethical Practices in ADR

Updated: Feb 13

Manon Schonewille is endorser of the Universal Disclosure Protocol Mediation (UDPM) and signatory of the Mediators Green Pledge.


In this blog you can read what this means for mediation services.


The Universal Disclosure Protocol for Mediation (UDPM)


The UDPM is intended for informing the parties regarding the mediator’s approach to mediation and what they can expect when entering into a mediation process with this mediator. This promotes transparency and‘ process enlightenment’ to encourage and support self-determination for all participants.


Across cultures and legal jurisdictions, there is a broad range of mediation styles and“norms.” The concept of self-determination, the right, and ability of the parties to freely and with understanding engage in the mediation process, is as close to a universal principle in mediation as can be found. Any mediation style, in the proper setting, can be effective, and any mediation style, mismatched to the parties without clarification, can be ineffective. You can explore this through a case example and a description of styles and approaches to mediation in various countries in“How to successfully conclude an international mediation? 3 Tips for Party Advisors.”


The UDPM covers core elements to describe a mediator's style and approach to the mediation, such as:

  • Conflict of interest

  • General Process

  • Role of Mediator/Parties

  • Record keeping

  • Confidentiality

  • Invoicing, fees, GDPR



ESG and SDG values in Mediation

There is a growing awareness of corporate social responsibility principles in Alternative Dispute Resolution(ADR), incorporating Environmental, Social, and Governance (ESG) 1 factors. Investors evaluate the sustainability and societal impact of an investment in litigation or arbitration. Aligned with the United Nations Sustainable Development Goals (SDGs),2 these values encourage responsible practices in handling global challenges such as poverty, inequality, climate change, and justice. ESG and SDG values have led to initiatives like the Mediators or arbitrators Green Pledge, 3 embraced by a new generation of ADR Neutrals.


Signatory of the Mediators Green Pledge

Manon Schonewille is a signatory of the Mediators Green Pledge, demonstrating a commitment to minimising the environmental impact of every mediation. This includes encouraging eco-friendly practices like screen sharing or video technology when appropriate, preferring electronic correspondence, avoiding unnecessary hard copies, and selecting environmentally friendly venues for mediations, avoiding usage of single use or plastic cups, etc..


Explore the Mediators Green Pledge. For IMI Certified Mediators, being a signatory of the Mediators Green Pledge is an additional selection criterion. Explore my IMI profile.


Mundi Mediatores

Mundi Mediatores has endorsed the UDPM and the Mediators Green Pledge, integrating ESG and SDG standards into its services. Collaborating with top ADR experts on its international advisory board, Mundi Mediatores assists diverse disputants, from large law firms in multi-million-dollar disputes to small businesses seeking quick solutions. The platform prioritizes“IMI” Certified ADR-Neutrals using the UDPM and adhering to the Green Pledge principles, who are comfortable with online work, possessing cultural skills, and the experience to handle disputes of varying scales.


Learn more about Mundi Mediatores.


In summary, these commitments signify a dedication to ethical, transparent, and environmentally conscious mediation practices, ensuring a positive impact on both the resolution process and the world at large."

 
  1. ESG is set of practices (e.g., policies, procedures, metrics)used to assess business practices and performance on sustainability and ethical issues and a framework that organizations can use to limit negative impact or enhance positive impact.

  2. SDG is a set of 17 global goals established by the United Nations General Assembly in 2015 as part of the 2030Agenda for Sustainable Development

  3. See: The Pledge for Greener Arbitrations (https://www.greenerarbitrations.com/about) and the World Mediators Alliance on Climate Change (https://womacc.org/).

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