1. Diagnosing for Appropriateness of Mediation in Investment Disputes Laurence Boulle Director, Mandela Institute for Global Economic Law Johannesburg

2. The Coelacanth and ADR

3. Developed Countries FDI Statistics, 2007-2009

4. Developing Countries FDI Statistics, 2007-2009

5. Case Study I – Remedial Indigenisation Policies in South Africa • The mining industry in South Africa • Post-apartheid policy on black economic empowerment (BEE) • The requirements of South African mining legislation • The impacts on the value of investments • Dispute resolution through ICSID • The unfolding of law, policy and economics

6. Case Study II – Redistributive Land Policies in Zimbabwe • Land policies • Zimbabwean courts • South African courts • The SADC tribunal • SA Constitutional Court • Future forums? • ADR in investor- host country disputes? • The RSA-Zim bilateral agreement

7. Factors in Mediation Appropriateness • Mediation and power relations • Mediation and access to information • Mediation and future business relations

8. Principles of ADR Development • The changing political economy • Substantive redesign of investment agreements • Rule-based dispute resolution • Cultural awareness • Using existing precedents

10. Incremental Steps Towards Investment Mediation • Change of ideas and thinking about investment mediation • Develop local and regional supportive infrastructure • Protocols for mediators, participants, advisers, experts • Identification of skills and techniques required of mediators • Identification of mediators (individuals, organisations, states) • Norms on conduct and behaviour for participation in mediation • Time-lines for completion of discrete aspects of mediation process. • Sanctions for inappropriate conduct in mediation • Arrangements for converting mediated settlements into arbitral awards • Promotion of principle of pilot projects.

11. The Lexington Manifesto?