THE CONCEPT

ABOUT UDPM

The Universal Disclosure Protocol of Mediation (UDPM) is a set of topics designed to provide a framework for mediation so that all parties and the mediator have a congruent understanding of their particular mediation process and can fully exercise self-determination by choosing to enter the mediation process.

The UDPM was created so that the wide variety of mediation styles and modes can be respected while reducing potential confusion or conflict over the mediation process.

Universal mediation standards have been a controversial issue ever since the rise of mediation as a dispute resolution process. There are several apparent reasons, perhaps chief among them the extreme diversity of mediation applications and approaches across the world. Regardless of the reasons for avoiding the establishment of universal mediation standards, there is an achievable goal toward which all stakeholders in the mediation ecosystem could work: a “Code of Disclosure” that would frame the multitude of mediation modes in a way that is understandable to parties. After several group discussions, the concept was renamed the Universal Disclosure Protocol for Mediation (UDPM).

Why and how it was initiated

The starting point

Universal mediation standards have been a controversial issue ever since the rise of mediation as a dispute resolution process. There are several apparent reasons, perhaps chief among them the extreme diversity of mediation applications and approaches across the world. Regardless of the reasons for avoiding the establishment of universal mediation standards, there is an achievable goal toward which all stakeholders in the mediation ecosystem could work: a “Code of Disclosure” that would frame the multitude of mediation modes in a way that is understandable to parties. After several group discussions, the concept was renamed the Universal Disclosure Protocol for Mediation (UDPM).

The initiators

Ana Maria Maia Gonçalves and Daniel Rainey, two recognized international mediation professionals have coordinated the development of the UDPM with mediators from Europe, Africa, Australia, Latin America, North America, and Asia. François Bogacz has greatly contributed to the development of the UDPM and has been a co-writer of most publications.

The Discussion Groups
Professionals in the Alliance of Mediators for Universal Disclosure organizing workgroups discussions
Adeline Guilhen
Ana Bauder
Baria Ahamed
Carmen Sfeir
Cátia Marques Cebola
Chris Draper
Christiana Beyrodt
Claude Amar
Cristine Kipsang
Deborah Massuci
Ellen Waldman
Filipa Cansado Carvalho
Hal Abramson
Izabela Solosi
James Claxton
Javier Fernandez Samaniego
Jeremy Lack
Jessica Low
Jim Meditz
Joana Kalowski
Josephine Akinwunmi
Josephine Hadikusumo
Julia Morelli
Juwon Adenuga
Manon Schonewille
Marcus Lim
Martin Hauser
Megan Johnson
Morenike Obi-Farende
Sarah Ater
Silvia Costa Brega
Silvia Pedroso
Victor Schachter
Williw Kingsley

What has been done so far?

• Presentation of the concept at “Mediation: A New Era (MANE) Forum,” organized by the Singapore International Dispute Resolution Academy, Singapore International Mediation Centre, Singapore International Mediation Institute and Singapore Mediation Centre on 6 August 2019, where Ana Maria Maia Gonçalves explained the concept on behalf of Daniel Rainey and herself.
• Publication in the International Journal of Online Dispute Resolution (IJODR) journal in June 2019: “Beyond the Singapore Convention The importance of Creating a “Code of Disclosure” to Make International Commercial Mediation Mainstream https://www.elevenjournals.com/-tijdschrift/ijodr/2019/2
• Publication as part of Mediate.com’s “Seven Keys to Unlock Mediation’s Golden Age” – Key #4: Create a Universal Code of Disclosure https://www.mediate.com/-mediation2020/article.cfm?zfn=universal-disclosure.cfm
• Texas Association of Mediators presentation (March 2021) to the annual conference of mediators in Texas.
• ABA Section of Dispute Resolution presentation (April 2021) to the annual Spring Conference of the American Bar Association dispute resolution interest section.
• ODRExpoTech presentation (April 2021) as part of a multi-national ODR conference.
• Presentation at Cyberweek 2020 (November 2020): Creating a Code of Disclosure for online mediators https://www.mediate.com/-articles/CodeOfDisclosure.cfm
• Translation into Portuguese of all the materials related to UDPM and organization of 4 group discussions with different stakeholders to gather feedback about the initiative.
• Organization of peer discussion groups around the world between November 2020 and May 2021, with mediators, arbitrators and lawyers based in Europe, Asia, Australia, Africa, North America, and South America.
• Summary of the conclusions of the discussion groups and consensus on the topics of UDPM.
• Presentation of the concept and discussion with the most representative mediation organizations around the world.

International consensus

The UDPM is the result of input from mediators and lawyers based in Europe, Asia, Australia, Africa, North America, and South America. Several points of consensus emerged from the international discussions:

• Guidance for mediators regarding what to address with parties, particularly in instances where mediation occurs in a cross-border or multi-cultural environment, is a valuable resource.
• Use of the UDPM would reduce uncertainty in parties considering mediation for the first time about what to expect from the situation and the mediator, and would take into account nationality, legal setting, culture, and mediator preference.
• A UDPM should respect and take into account the variegated nature of mediation around the world.
• To be maximally useful, the UDPM should address both information available to the parties in the intake phase of mediation, and as the mediator and parties begin to address the issues at hand in the mediation.
• To be practically useful, the UDPM should be simple, with a minimum number of “required” points, bolstered by examples and alternatives.

High levels objectives of the UDPM

For Users and Lawyers

• To honor, in a universal way, self-determination as a basic value in mediation;
• To give a global message to parties regarding what they can expect in mediation, despite culture, religion, legal systems, or country.

For Mediators

• To frame the multitude of mediation modes by giving a practical tool for practitioners to follow;
• To define the disclosure elements to be used by any mediator anywhere.

For the Mediation market

• To promote an electronic badge to identify mediators, lawyers, mediation organizations, and other organizations who adhere to this initiative;
• To allow easy identification of Mediators that endorse the protocol;
• To allow easy identification of Lawyers that work preferably with mediators that endorse the protocol.

For International Mediation Organizations

• To act as a standard platform for their mediator members.

Benefits of Adopting this Protocol as an individual mediator or lawyer

As a mediator or lawyer your endorsement to this Universal Disclosure Protocol for Mediation (UDPM) will bring many benefits to mediation and its stakeholders. It will:

• Support and guarantee parties’ self-determination, which is today as close to being a universally accepted principle in the mediation field globally as currently exists;
• Build confidence in the profession’s trustworthiness by showing the emergence of a uniform mediation practice;
• Provide greater transparency and certainty to parties on how their cases will be handled;
• Provide a framework for clarifying to all stakeholders for what mediators can be held accountable;
• Codify what must be disclosed by the mediator to parties and counsel as an integral part of the mediation agreement at the beginning of each mediation;
• Allow mediators and parties to continue benefiting from what is one of the most important hallmarks of mediation: flexibility. The endorsement of this disclosure protocol does not impose behavior on the mediator but will impose the duty to explain and get party agreement about what is going to be done and how, based on the list of the disclosure elements of the UDPM.

Declarations from the initiators

• The UDPM does not impose any behavior regarding process;
• The UDPM is intended as guidance regarding best practices for informing the parties regarding the mediator’s process and approach and documenting the exercise of self-determination by acceptance of the disclosed items;
• Communication from the mediator should be the result of a set of exchanges between the mediator and the parties, with agreement on process accepted by all.