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Cross-Border Mediation - Webinar Sponsored by the International and Litigation Sections of the California Lawyers Association

Cross-Border Mediation - Webinar Sponsored by the International and Litigation Sections of the California Lawyers Association

Published on : 25/03/2019 25 March Mar 03 2019

William Peterson, together with colleagues Anne Paoletti-Brodbecker (Marseille), Kazuhiko Nishihara (Osaka) and Jeffery J. Daar (Woodland Hills, California) held a webinar together on Cross-Border Mediation that was co-sponsored by the International and Litigation Sections of the California Lawyers Association (CLA).

This webinar continues the cooperation between the Bars of Marseille and California (CLA) after having entered into a friendship agreement last year.

Jeff Daar pointed out some of the mistakes that can be made in cross-cultural exchanges and focused on the international mediation statutes in California. Notably, an agreement resulting from mediation can be considered an arbitration award under California Law.

Kazuhiko Nishihara talked about the long-standing tradition to mediate disputes in Japan, explaining that the use of judges as mediators is frequent because of the parties' confidence and trust in them. He pointed out the large number of mediations in Japan each year.
As Secretary General of Japan International Mediation Center in Kyoto, Kazuhiko also presented the Center.

Anne Paoletti-Brodbecker and William Peterson presented judicial and extrajudicial mediation in France, highlighting the strong development of mediation since the European Directive on cross-border mediation in 2008, and the numerous law changes since them favoring mediation. Anne also discussed the rigorous conditions that mediation centers must respect in France for its mediators (University diploma or 200 hours of initial training, 20 hours of annual training and practical analysis, adherence to a code of ethics and liability insurance). William developed the enforcement formalities and underlined the specificity of the French settlement agreement.

The timing for the webinar was complicated: 3:30 AM in Japan! 11:30 in California and 19:30 in France.

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