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Mediator Resume

Mercedes Tarrazon

Mercedes Tarrazon

Professional Summary

Attorney in civil and commercial matters. Entire career in private practice (Dispute Management, SL). This has allowed to devote part of her time to lead the development of ADR in several jurisdictions without being constrained by the demands of bigger structures. Experience greatly enriched by her international past capacities: member at the ICC International Court of Arbitration (2000-2018), vice-chairwoman of the Inter-American Commercial Arbitration Commission (2008-2014), member of the CPR European Advisory Committee (2007-2015) and member of the Board of Management of the Chartered Institute of Arbitrators (2006-2012) Consultant in the field of conflict resolution

Current Employer-Title

Dispute Management - Managing Partner

Profession

Attorney Mediator Independent Arbitrator ADR Consultant Mediation and Negotiation Trainer

Work History

Managing Partner, Dispute Management, 2003-present; Sole Practitioner, 1996-2003; General Counsel/Co-Manager, Leisure and Real Estate Family Entrepreneurship, 1985-2000.

Experience

Other than mediation: Dispute Boards: - Sole Dispute Board member in a joint venture project between European parties for the construction of wave turbines. - Sole Dispute Board member in a software design and implementation project between European and Latin American parties. Arbitration: - Sole arbitrator in ad hoc arbitration, seated in Paris, concerning a dispute between African partners of a mining joint venture. French. French law. - Sole arbitrator in ad hoc arbitration, seated in Panama, between Panama and Equatorian parties regarding a share purchase agreement. Spanish. Panamanian law. - Sole arbitrator in ad hoc arbitration, seated in Vienna, between Austrian and Turkish parties, concerning the construction of a commercial center. English. Austrian law. - Sole arbitrator in ad hoc arbitration, seated in Frankfurt am Main, between German and Czech parties regarding a manufacturing and export joint venture of crystalware products. English. German law. - Sole arbitrator in ad hoc arbitration, seated in Marseille, between French and Turkish parties, concerning the refurbishment of a marina. English. French law. - Sole arbitrator in ad hoc arbitration, seated in Lyon, between French and Italian companies, concerning a distribution agreement of construction materials. French. Italian law. Co-arbitrator in an administered case, seated in Paris, between French and Spanish parties, regarding a contract for the sale of seeds and grain. French. French law. - Sole arbitrator in ad hoc arbitration, seated in Valencia (Spain), between Portuguese and French parties, concerning a distribution agreement of sailing equipment. English. Portuguese law. - Sole arbitrator in an ICDR arbitration, seated in Barcelona, between Spanish and Australian parties, concerning an advertising contract. Spanish. Spanish law. - Co-arbitrator in an administered case, seated in Madrid, between Spanish and English companies, concerning a joint venture agreement in the gambling sector. Spanish. Spanish law.

Mediator Experience

Role: deal mediator Ad hoc international deal mediation concerning an emerging dispute over damage to the asset and the proper performance of preliminary due diligence among European parties who were negotiating an SPA agreement of industrial equipment. Dispute did not arise, and the SPA agreement was signed. Amount in dispute EUR 16,200.000,00. Language: English. (2021).

Representative Issues Handled as a Mediator

Mediator: - Administered case between European parties concerning the dispute of engineering, production, and supply of compressor rings. English. Settled. - Ad hoc international case between European, African, and Chinese parties concerning a dispute over the fulfillment of objectives and commissions generated by an agency contract aimed at facilitating the process of business expansion in the main Portuguese-speaking countries. Portuguese and Spanish. Settled. - Ad hoc international mediation between European and Latin American parties regarding disputes arising out of a FIDIC contract in which the DB had not been constituted. Spanish. Settled. - Administered case regarding a port terminal rehabilitation dispute between European and Middle East parties. English. Not settled. - Ad hoc international case between European parties concerning share purchase agreement and several corporate disputes. French. Settled. - Administered case regarding an EPC contract for a cement plant dispute between European and North African parties. French. Interim agreements reached and implementation process accompanied by the mediator at the request of the parties. Settled. - Ad hoc international case between European parties for the distribution of real estate assets located in Portugal, Spain, Andorra, and France among eight heirs within the mandate as executor, accountant and partitioner of a will granted in France. Portuguese, Spanish, Catalan, and French. Settled. - Administered case regarding a design and manufacture of wind towers agreement between European parties. English. Settled. - Ad hoc international case between European and Latin American parties concerning the partial performance of engineering services relating to the construction of a residential complex. English and Spanish. Settled. - Administered case between European parties regarding an investment and shareholders agreement. Italian. Not settled. - Ad hoc international case between Latin American parties regarding a distribution agreement of mechanical parts. Spanish. Settled. - Ad hoc international case between European and Latin American parties concerning the revision of EPC contract prices. Spanish. Not settled. - Administered case between Latin American parties regarding the construction of clarifiers, pre-treatment, and disinfection sections in a wastewater treatment plant. Spanish. Settled. - Administered Investor-State mediation of Punta Catalina Thermal Power Plant project in the Dominican Republic. Spanish, Italian, and English. Details made public by parties in a press release. Settled. - Ad hoc international case between European and African parties concerning the partial performance of engineering services relating to the design and construction of high-end touristic resort. English. Settled. - Ad hoc international case between European parties concerning a sale and purchase of goods and unpaid invoices in the leather products sector. French and Italian. Not settled. - Ad hoc international case between Asian and European parties regarding a dispute arising out of a turbine supply contract. English. Settled Conciliator: - Ad hoc international case between Latin AmeAmerican parties concerning a dispute over decontamination of previously industrial land for the purpose of earthworks and construction of foundations for a residential project. Spanish and English. Conciliator’s non-binding decision rendered in Spanish, accepted by both parties, and complied with. - Ad hoc international case between African parties regarding import and export of chemical products. French. Conciliator’s non-binding decision accepted by both parties and complied with. - Ad hoc international case between European and African parties regarding the purchase of a hotel. English and French. Conciliator’s non-binding decision rendered in English, accepted by both parties and complied with.

Mediator Style & Process Preferences

As a mediator, I place great emphasis on the preparation of both the parties and me, for which I have developed a Mediation Preparation Questionnaire that I adapt to each case, with the questions being common to the parties and the answers being exclusively confidential. This type of preparation allows me to use a facilitative style, while in the negotiation and closing phase I can use evaluative techniques not related to the outcome but to the adequacy of the options on the table with respect to the interests of the parties. At the request of the parties, I can use a strictly evaluative style if I am familiar with the applicable law. In civil law jurisdictions in these cases I agree with the parties that my role will be that of a conciliator to avoid confusion of techniques and process that could prejudice the smooth running of the proceedings.

Technology Proficiency

Mediation: Since 2020 (pandemia) regularly use Zoom for mediations, whether they are entirely remote, or combining face-to-face sessions with private remote preparatory sessions. What started as a necessity has been incorporated into daily practice by adapting mediation techniques to remote work. Combine the remote sessions with telephone calls to the parties and or their lawyers, as well as, of course, e-mail correspondence. Arbitration: Even before the pandemic, conducted and continue to conduct remote arbitration hearings to keep costs down for the parties. Witness testimonies, when they are essential to the proceedings, still try to keep them always face-to-face. Training: Created and registered (2013) the DIMA Training methodology for online training in mediation and negotiation techniques. (DIMA stands for Dispute Management) Time and billing: The dedication of time to the different files, as well as their invoicing, is carried out in a coordinated manner by electronic support.

Education

Spain Open University: Degree of Advanced Studies (stage in the doctoral programme previous to the doctoral thesis) and Diploma in Human Rights; Harvard University (Program of Instruction for Lawyers and Program on Negotiation); Barcelona University (Law Degree and Master in Mediation); Toulouse-Le Mirail University (Licence Lettres Modernes and Diploma in Catalan Studies); Cambridge University (Diploma in English Studies).

Professional Licenses

Admitted to the Bar: Spain (1996) As arbitrator, FCIArb (2003) As mediator, Catalan Centre of Mediation (2001), FCIArb Mediation (2006), International Academy of Mediator's Distinguished Fellow (2009), Spanish Ministry of Justice (2013)

Professional Associations

Member, International Chamber of Commerce Arbitration and ADR Commission Member, International Chamber of Commerce IP Commission Member, Mediation Forum of the Spanish Ministry of Justice and Coordinator of its Task Group on Quality and Best Practices in Mediation Member, Board of Management of the Club Español e Iberoamericano de Arbitraje and Chair of its Mediation Commission

Recent Publications & Speaking Engagements

Presentation before the Justice Committee of the Spanish Congress of Deputies at the invitation of all the parliamentary groups to explain the advisability of incorporating the dispute boards as a conflict resolution mechanism in the draft law being processed on procedural efficiency in the public justice system (October 2022). Frequent speaker at Arbitration and ADR fora as well as guest lecturer in these matters at several institutions. Has substantial experience in training in areas of expertise. In 2013 created the DIMA Training® methodology to enhance trainees’ grasp of skills and knowledge, mainly in negotiation and mediation. With regard to international arbitration, regular lecturer on international arbitration at the Barcelona Bar Association and trainer in international arbitration on behalf of the Chartered Institute of Arbitrators (2007 to 2017) As a pioneer in the dissemination of mediation mainly in Europe and Latin America, has written mainly on mediation and the combination of different conflict resolution mechanisms. Publications (to be updated): "La mediacion en Europa: voluntariedad vs obligatoriedad del proceso," Tribunal Superior de Justicia del Estado de Puebla, 2005; "Mediacion empresarial internacional," Universidad de Girona, 2005; "La experiencia de un mediador empresarial," Camara de Comercio de Bilbao, 2004; "La ejecucion del laudo en la nueva Ley espanola de Arbitraje," Colegio de Abogados de Zaragoza, 2004; "El rol del abogado en la mediacion," CIAC XXIX Conferencia, Rio de Janeiro, 2004; "Jurisdiction subjective en l'arbitrage CIADI," Euro-Maghreb Conference on Investment, Finance and Arbitration, Tunis, 2004; "Regulacion de la mediacion en Europa: Codigo de Mediadores y borrador de Directiva," CIAC XXVIII Conferencia, Lisboa, 2004; "Out of Court Dispute Resolution," Deutsche-Spanische Juristen Vereinigung, Gerona, 2001; "Networking for Women's Businesses," Banco Interamericano de Desarrollo, III Inter-American Forum on Microentreprise: Euro Latin-American Forum, Barcelona, 2000.

Locations Where Parties Will Not be Charged for Travel Expenses

Barcelona (Spain)

Compensation

Hourly Rate: Not provided Daily Rate: $4,000.00 Study Rate: $400.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Day rate for 8 hours. Any extra hour at 500 USD per hour

Languages

Catalan; English; French; German; Italian; Portuguese; Spanish

Citizenship

Spain

Locale

Spain