October 24, 2009
Dear Mediation and ADR Colleagues:
In December 2009, delegates from around the world will meet in Copenhagen, Denmark for the 15th Conference of the Parties (COP 15) to the United Nations Framework Convention on Climate Change (UNFCCC). Copenhagen will provide a critical opportunity for the world’s nations to reach a comprehensive agreement before the commitments set out in the Kyoto Protocol expire in 2012.
Mediators Beyond Borders (MBB) [www.mediatorsbeyondborders.org
] is the only dispute resolution organization presently approved to be an Observer at the Copenhagen meeting, and is urging all delegates to include a mediation provision in the climate change treaty. Currently, the Kyoto Protocol includes negotiation, conciliation, arbitration, and judicial options, but not mediation.
MBB is therefore seeking individual and organizational endorsements for a proposal that seeks to remedy the omission of mediation from article 14 of the Kyoto Protocol that was adopted in 1997 and implemented in 2001 and 2005. [See: http://unfccc.int/kyoto_protocol/items/2830.php
Here is the language we are proposing, which will be followed by a more detailed description of the process and a method for selecting mediators:
“1. (A) Reaffirming the principles set forth in Chapter IV, Articles 33-38 of the UN Charter governing the peaceful settlement of disputes, the parties agree that the parties to any dispute resulting from the interpretation or implementation of this treaty “shall first seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.”
(B) In the event that efforts to negotiate a solution are unsuccessful, parties are encouraged to use mediation to settle their disputes at all stages, including before, during and after conciliation, arbitration, and actions before the International Court of Justice.
(C.) Mediation shall be conducted in accordance with procedures to be adopted by the Conference of the Parties as soon as practicable, in an annex on mediation.”
If you agree that mediation should be included in the agreement and would like to endorse the MBB proposed language as an individual and/or as an ADR organization, please insert your name, title, organizational affiliation, city, state, and country at the bottom of this email and send it to Ken Cloke at email@example.com as soon as possible.
Please distribute this invitation widely to mediators and mediation or ADR organizations both in the US and around the World, and please post it on other relevant lists so we can submit the proposal with the broadest possible collegial support.
We are taking this opportunity to share some additional information related to the Copenhagen Climate Change meetings and Climate Week NY°C.
• MBB teams plan to meet with delegates to encourage use of mediation at pre-Copenhagen meetings being held in Bangkok and Barcelona, and will send a contingent presently including 80 mediators from 16 countries to Copenhagen.
• MBB is co-hosting a seminar with Nordic Mediators on December 10 and 11 in Copenhagen to develop a strategy to encourage the mediation of climate change disputes. [For more information go to: http://cop-15mediators.wordpress.com/]
Many thanks in advance for whatever support you can provide. We look forward to hearing from you.
Ken Cloke, MBB President
ENDORSEMENT of MEDIATION in CLIMATE CHANGE TREATY
Complete the following and send to firstname.lastname@example.org as soon as possible. Send one for each endorsement.
Type of endorsement: