July 24 2020

Mediation as a mission for a better world

Stéphan Delekian

Almost totally wiped out of the economic and social landscape of the world during the last century, man has fought to make himself known and recognized, without great success. The paradox in the pandemic that affects us is that it "punishes" man and, naturally for me but surprisingly for others, the economy dies.

It took such a catastrophe, for the 26 people that own the 50% of the world's wealth, to realize that this money, after all, is not theirs. Money is created by 97% of the population that makes up this world.

The wishful thinking that I make is that, from today, everyone will become aware of one simple thing: man is at the centre of everything that exists, both evil and good. It is by refocusing on the human being that we will be able to rebuild a better world, not egalitarian, which would be catastrophic, but more fair.

So, when we think of profit, projects, products, development, strategies, finance, we should base our objectives on the method to serve all those who will make your dreams come true: namely your future collaborators.

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Business leaders often say that employees love their business less and less. Have they wondered how much they love their business more than the earnings it generates?

For several decades, I have campaigned on this indispensable recognition that we lost in the first quarter of the twentieth century. And that’s what I’m doing as part of my tenure as President of the International Court of Mediation and Arbitration where common sense, fairness and consensuality are essential. Therefore, I want litigants to have complete control over the writing of a sentence. Let them take part in all the stages of the Medi-arbitration © process and let them avoid the stress of the unknown, the situation and the complicated relationship that this type of event generates.

I call on all lawyers and jurists to assume their responsibilities and offer their clients the possibility of being free and reassured with regard to the procedure . It will be necessary to refocus their mission on the essentials: that is to say, the happiness and tranquillity of the people who trust them, more than on trivial elements such as pleading or cascading procedures which all undermine the economy by the time and costs borne exclusively by the states and the parties.

Putting the human at the heart of our concerns would be ideal. The current pandemic has refocused us on ourselves, awareness is emerging in many countries.

In addition to Covid-19 and the new normality, in the age of the Internet, everything is moving much faster than ever before. Companies are being created faster, the cases of success are dazzling, and so are those of failure. This new structuring of companies needs a more sophisticated judicial organisation, in line with new development techniques. Social networks have become an important part of the relational fabric and are giving birth to a new generation of companies: the ones that act without borders and languages . Some may claim that humanity is missing in these new relational paths, others will say that they are ephemeral relationships. Even so, can we spend our time observing without reacting? We all have to create a favourable and secure context for these new practices and new thinking. There is no point in fighting them or trying to reason with them. All of this will happen naturally because the new generations have incredible ease to confuse themselves with their mistakes to build better , to recognize their mistakes in order to improve themselves and to act for a better world, even if, for many, it is a matter of individual research.

More than ever, lawyers have a mission in this new world that is emerging. If by any chance, they have been firmly or even violently opposed to Mediation, they have realized the obvious! Mediation was going to impose itself. Also, thanks to powerful lobbying, what was forbidden by the various Orders became a virtue... Mediating lawyers: Here's an antinomy that doesn't bother them .>/p>

The lawyer, whose mission of advice is more than ever indispensable, must view this new evolution and this new procedure with benevolence. Indeed, if the court changes, the intrinsic role of counsel remains.

Let's take the past as an example to prepare our present and ensure our future. The work and profession of a lawyer will inevitably change, evolve and become even more exciting. If it is reasonable to think that the heart of the profession will no longer be pleading, then the beginnings of the new legal action of this profession will appear: advising and accompanying society. In the commercial field, this accompaniment should become more regular, contractual and carried by the security of the company and the company director. The lawyer will thus have at heart to work so that the company continues to have a permanent mission.

The lawyer will have to advise the entrepreneur in all these activities such as trade. He will become, even more so, international but also on the social level and the implementation of Alternative Dispute Resolution Procedures (ADR). To do so, he will have to master these different procedures and start an inescapable educational and informative approach. A vast program when one sees the very low level of training and the erroneous foundations that are intended for them.

We have invented the Justice of this new millennium and we are working so that everyone can access it in a spirit of construction and not destruction. But we know that the path will be difficult and long.

In order to understand this, we need only turn around and history will show us, and as Confucius said: "When you do something, know that you will have against you all those who wanted to do the same thing, all those who wanted to do the opposite and the immense majority of people who wanted to do nothing".

Article author:
Stéphan Delekian

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