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CASE WORKING GROUP 2020
The IBA-VIAC CDRC Vienna General Instructions are based on the Willem C. Vis International Commercial Arbitration Moot and the Organizers wish to especially thank the Moot and its Directors for their generous support and for granting the use of their Problem. We thank our CDRC Case Working Group for their work on the amendments to the Vis Case in preparing it for mediation and the draft of the additional confidential instructions for the teams.
Working Group Members
Greg Bond (Co-Chair)
Greg Bond teaches mediation, negotiation, and cross-cultural communication in commercial law, management, and MBA programs at the Technical University of Wildau, near Berlin, Germany. At the university, he manages a conflict advisory service for staff and students. He has worked on intensive cross-cultural training programs with international students around the world, and he trains professionals in peer coaching and communication in the workplace. He has his own mediation, facilitation and coaching business, bond and bond, focusing on workplace mediation. He blogs regularly on Kluwer Mediation Blog.
He has a PhD in German literature and a master’s in mediation from the European University Viadrina in Frankfurt / Oder, Germany, where he is member of the advisory board of the master’s in mediation and conflict management. He has published widely on mediation, including a casebook, Mediation Practice: 8 Cultures, 16 Cases, 128 Creative Solutions (Paris: ICC, 2016), and a book of training roleplays, International Commercial Mediation Role-Plays (ed. with Colin J Wall, Paris: ICC, 2015), and he writes on contemporary literature. He has also edited a book of students’ autobiographical fiction, European Narratives: Twenty International Students Tell Their Own Stories of Europe (Wildau, 2017).
Natascha Tunkel (Co-Chair)
Natascha works as Counsel at KNOETZL, an Austrian law firm specialized in crisis management and dispute resolution. Natascha qualified as a certified mediator under Austrian law in 2005 and has handled numerous complex international commercial disputes. She is specialized in international commercial mediation, arbitration and litigation. Her profound knowledge of procedural law, covering the entire range of (alternative) dispute resolution, is derived from her strong academic background, working as a lecturer and research assistant at the Department of Civil Procedure at the University of Vienna Law Faculty for several years. Natascha has also collected extensive practical experience both in small arbitration boutique law firms as well as in a large, multinational law firm covering the CEE and SEE regions. She has a special focus on multi-jurisdictional cases. Her most recent publication is a contribution to the “Practitioner’s Handbook on the new Vienna Mediation Rules” (2016).
Cheryl has twenty years of progressive experience in the ADR field. Her professional history commenced as a Mediator with the Queensland Department of Justice and Attorney-General, and concurrently in an educational setting where she implemented and managed a Mediation Service. Cheryl spent thirteen years managing conflict in a large secondary school where she successfully translated an adult mediation program into a youth-friendly service. Her mediation practice includes:
-Associate – Northern Mediators
-Australian Small Business Ombudsman
-Queensland Farm Debt
-Queensland Civil and Administrative Tribunal
-Court Ordered Child Protection Conferences
-Family, Workplace and Community disputes
-Teach, coach, mentor and assess mediators to National Standards
Cheryl’s commitment to Mediation has been acknowledged with her receiving the LEADR Award of Excellence. She was invited Key Speaker – North Queensland Mediation Week 2018. Cheryl has enjoyed her roles as Judge, Asia Pacific ICC Mediation Competition in Melbourne 2018, and as Expert Assessor at CDRC Vienna, 2016, 2017 and 2019.
Allison is a mediator, trainer and coach with experience living and working in numerous countries around the world. Upon completing her Post-graduate studies in Conflict and Dispute Resolution at Trinity College Dublin, she began her career establishing a pioneering intergenerational family mediation service in London. Allison has contributed to research and writing in the commercial mediation sector in the UK and India, and assisted in the development and management of a global non-profit resource called Mediation World. She has delivered training in the areas of conflict transformation and human rights to a wide range of practitioners within the governance and development sectors whilst based in South Africa. Recently, she began mediating cross-border family disputes from her current base in Berlin. Allison was an expert assessor at Lex Infinitum in Goa, India in 2016 and again in 2019, where she judged the finals. She is excited to return to CDRC for a second year and looks forward to another inspiring week together!
Raffael Probst is a commercial mediator and strategy consultant in Berlin and Frankfurt am Main. Previously, he worked for the Federal Ministry for Food and Agriculture and acted as managing director of the Munich Center for Dispute Resolution (MuCDR). Raffael teaches negotiation and mediation at the LMU Munich and the Leibniz Universität Hannover.
Jawad is a practicing commercial and investor-state mediator, advocate Supreme Court of Pakistan and a partner at Abraham and Sarwana, Karachi. He sits on CEDR’s Global Panel. He co-chaired the IBA Mediation Committee (2016-17) and co-chairs the Mediation Technique Sub-Committee (2018-19). He co-founded the IBA-VIAC CDRC Mediation and Negotiation Competition, Vienna, Austria and co-authored the mediation problem in its inaugural year transforming the VIS Arbitration Moot Problem into a mediation case including its confidentials. In 2018, his role-play “Kohinoor” won First Prize at ICC Mediation Competition. He has authored the chapter “Making the First Offer” published in the “IBA Mediation Technique Handbook”; co-authored the ICC publication “Mediation Practice: 8 Cultures, 16 Cases, 128 Creative Solutions” edited by Greg Bond; and authored a chapter for the ABA publication, “Stories Mediators Tell: The World Edition.” A Star Wars fan, he believes the Force lies in mediation and not midi-chlorians.
Chern Yang See
Chern Yang is a commercial litigator and mediator. He has advised on a wide spectrum of issues such as defamation, contractual claims, medical and other professional misconduct or negligence, breach of fiduciary duty, shareholder disputes, and matrimonial matters. He has also advised clients on data protection matters arising out of the Personal Data Protection Act (PDPA) both in Singapore and as part of a global policy. He regularly conducts training workshops to equip Data Protection Officers and other participants with the knowledge and skills for compliance with the PDPA. Chern Yang was one of the youngest to be appointed as Principal Mediator of the Singapore Mediation Centre at 36 years of age and International Mediator with Singapore International Mediation Centre at 38. He regularly teaches mediation and has done so for the Judiciary in Thailand, Brunei and Myanmar and government officials in Fiji.In 2015, Chern Yang was awarded Outstanding Court Volunteer Award (Advocate and Solicitor Category) by the State Courts of Singapore. He has also been recommended in The Legal 500 Asia Pacific 2019 editorial as a “”strategic thinker””.
Mercy is currently enrolled in the Advocates’ Training Programme at the Kenya School of Law. She holds a Bachelor of Laws degree from Strathmore University, and has undergone professional training in mediation with the Chartered Institute of Arbitrators, Kenya Branch.
Mercy has participated in various ADR themed moot court competitions, winning the All Kenya Moot Court Competition (Arbitration Category) in 2016, and coming in third in the Africa Regional Round of the Foreign Direct Investment Moot in the same year.
She first experienced the CDRC IBA-VIAC Consensual Dispute Resolution Competition in Vienna in 2018, and is ecstatic about coming back this year.
Mediation Session Working Group 2020
Sabine Walsh (Chair)
Sabine is a mediator, trainer and lecturer and runs a busy national and cross-border mediation practice alongside teaching and training. She left practice as a lawyer to pursue mediation full-time in 2009 and has mediated a wide range of interpersonal and commercial disputes since.
She has fluent English and German an excellent French and Spanish. She specialises in Cross-Border Mediation and International Family Mediation. She has further qualifications in Online Mediation, Professional Practice Consultancy and Child Inclusive Mediation.
She is currently serving a three-year term as President of Ireland’s national mediation body, the Mediators Institute of Ireland, managing the association’s members, lobbying government and raising awareness of mediation among the public.
She has a keen interest in mediator education and higher education and designed and co-ordinates two postgraduate programmes in mediation and conflict in St. Angela’s College Sligo (National University of Ireland). She also provides mediation training in the private sector and runs workshops and seminars on conflict management and mediation.
She is a regular writer for the Kluwer Mediation Blog, has published articles on mediation and mediator education and is co-editor of the EU Mediation Handbook (Kluwer). She has presented at mediation conferences in many different countries.
Charlie has been working in the field of negotiations and conflict management for the WU Wien Executive Academy since 2008, for the IMC Krems in 2009 – 2014, for the HHL Leipzig Graduate School of Management in 2012 and for Donau-Universität Krems 1999-2002 in the field of convincing argumentation. He worked for HPS Hierhold Presentation Services as a trainer throughout Europe from 1998 – 2012 and has been a professor at Webster University, Vienna campus since 1992.
Charlie was born and raised in Minnesota, USA. He successfully completed his graduate studies at Thunderbird School of Global Management, Arizona in 1980 with an MBA in International Management. His special fields included Marketing and Finance. He became involved in training negotiation, presentation and communication skills back in 1985 and has been training executives and students around Europe in these fields for over 30 years. He was an Expert Assessor at the CDRC Vienna in 2015 and was Senior Judge at the Lex Infinitum in Goa, India in Spring 2016.
He owns Into Results (www.IntoResults.eu), a company specialized in training negotiation, presentation and communication skills. His private interests include skiing, travel, public speaking, computers and running.
Diego Faleck is a full-time mediator, settlement counsel and a dispute systems designer, with a unique track record in national and international business mediation cases and disputes systems design for major national disasters. He received his LL.M. degree from Harvard Law School and his Phd degree from the University of São Paulo. Mr. Faleck served as Interim Secretary and Chief of Staff of the Secretariat of Economic Law of the Ministry of Justice in Brazil, Chairman of the Council of the Federal Fund of Protection of Collective Rights and commissioner at the National Commission of Private Insurance of the Ministry of Finance (2007-2011). He is an Adjunct Professor at the Straus Institute at Pepperdine School of Law (Malibu, CA).
Tat is a lawyer, mediator and trainer. He has postgraduate law, business and construction law degrees from National University of Singapore and King’s College London. His areas of practice as a lawyer and mediator have included banking, corporate, construction, real estate, intellectual property and family law. He is accredited by several mediation institutions, including Singapore Mediation Centre (SMC), CEDR, NMAS, HKMAAL and IMI. As trainer, he has delivered negotiation and mediation training to judges, lawyers, professionals and business executives across several countries. He is also an SMC assessor for the accreditation of mediators and involved as a judge in the ICC International Mediation Competition. He is Chairperson of the Society of Mediation Professionals (Singapore) and Secretary-Treasurer of the Mediation Committee of the International Bar Association (IBA).