IMI ADR Users Survey Results

Over 70 in-house dispute resolution counsel responded to the IMI ADR Users Survey.

The Survey covered questions rarely asked of corporate users, including:

  • Criteria that are used to select a neutral
  • Importance of prior user feedback on neutrals
  • Whether neutrals should belong to an ADR professional institution
  • Mediation as a mandatory process step in litigation & arbitration
  • Whether outside counsel are an impediment to mediation
  • Should outside counsel be trained in mediation advocacy

To view the Summary of the results, please see below.

IMI International Corporate Users ADR Survey

January-March 2013

IMI invited in-house counsel responsible for managing dispute resolution in international corporations to participate in an IMI Survey looking into their attitudes and approaches to arbitration and mediation.  The Survey ran from mid-January to mid-March 2013.  This seems to have been the first time that in-house dispute resolution counsel had been asked for their views on many of the issues raised at an international scale.  Seventy-six in-house dispute resolution counsel from North America and Europe completed all (or in the cases of 5 responders, almost all) of the Survey.

The IMI Survey was designed to address gaps not covered in two previous user surveys, both conducted in 2011.  The IMI Survey focused more on in-house counsel needs, attitudes and preferences regarding issues concerning information, professional quality standards and the skills they expect from their arbitrators, mediators and outside counsel.

The IMI Survey was circulated to an informed group of in-house dispute resolution counsel, including members of the Corporate Counsel International Arbitration Group (CCIAG – www.CCIAG.com) and the Mediation and Conflict Management Round Table of German Business (RTMKM – www.RTMKM.de).  The majority of responders (64%) had arbitration and mediation experience, with 14% having experience of mediation but not arbitration, and a further 14% having experience of arbitration but not mediation.  Only 8% of responders had no personal experience in either mediation or arbitration.

Most responders were either senior in-house legal counsel (63%) or senior management  (20%) in their companies with 17% indicating they were engaged in other corporate roles.  71% of responders were from corporations with over 10,000 employees, and 18% were employed by companies having between 1,000 and 10,000 employees.

The IMI Survey, like most other surveys, was based on multi-choice answers to a range of propositions, principally to enable the Survey to be completed relatively quickly.  Many of the questions referred collectively to “Neutrals” which the Survey’s pr