Mediation in Africa
This article asks: Why a continent, considered by many to have been the springboard for the unprecedented modern growth in arbitration in Europe and Asia recently went through a significant increase in the number of international arbitrations?
The bad news in Africa is that, while mobile devices are very common, only few people know what ODR means, and how it can help them resolve disputes quickly and inexpensively.
As medical personnel, emergency aid workers, and diplomatic personnel return to the U.S. from West Africa, schools must manage tensions between local families who are fearful for their own children, and parents who have been at the front lines attempting to stem the epidemic. What mediator strategies may prove useful?
A fortuitous incident one Monday morning changed everything for two disputees. The two trustees found themselves in the uncomfortable position of getting into the same lift. Without acknowledging each other’s presence they watched the doors close and felt the lift slide down from the 12th floor. It stayed stuck there for two hours - perhaps the most fortuitous two hours of their lives. For in those two hours they resolved a two-year long frozen conflict by talking to each other – person to person.
This is another in a series of updates on International Mediation Developments from Mediate.com News Editor, Keith Seat.
This is the complete interview by Robert Benjamin with Richard Salem, a pioneer in the field of mediation and dispute resolution, filmed as part of Mediate.com's ' Views from the Eye of the Storm' Video Series.
Courts in the UK impose cost sanctions on parties who unreasonably refuse or fail to mediate. In the US, mediation is more firmly embedded in the litigation process, the courts applying varying degrees of coercion to encourage the parties to participate in mediation. In some US states, disputes that fall in a certain category have to be mediated before being litigated. In other states, judges have the discretion to order the parties to mediate. The goal of the UK and US approaches is the same: the optimal use of mediation by litigants and less reliance on adjudication.
Dick Salem passed away on March 22, 2014 due to complications from a stroke. He was a mediation pioneer whose career took him from the city desk at the Washington Post to mediating high profile civil rights cases as the Midwest Regional Director of the U.S. Department of Justice Community Relations Service. He was also my father, and I know that it was a distinct privilege for him to serve our field for more than 40 years.
This is another in a series of articles by Keith Seat, Mediate.com News Editor, regarding international mediation developments. Also be sure to see www.mediate.com/International.
Naturally not all clients are expected to be amenable to mediate their disputes, but if given the choice, they will be fully responsible for getting on the path to the courthouse of the mediation table. The clients will be able to make an empowered decision, and attorneys can rest knowing that their clients had enough information to make the right choice for them. This author shares his views on this from the mediation world in Cape Town.
Between the 25th and the 29th of November of 2013, the CAAL, an Angolan arbitration dispute center based in Luanda, and Convirgente, with the support of the Angolan Bar Association and the Qualifying Assessment Program for Portuguese speaking countries represented by ICFML (Instituto de Certificação e Formação de Mediadores Lusófonos), organized a course on Mediation, in Luanda, Angola. The training purpose was to give participants the necessary skills to act as mediators in several types of disputes.
With the death of Nelson Mandela, without doubt the most significant political leader in my lifetime, lots has been written about his impact not only on South Africa but also on the world. And plenty is still to be written.
In 1964, George Bizos, a young lawyer, probably saved his client and good friend Nelson Mandela’s life by persuading him to change his now famous speech at the Rivonia treason trial. This speech helped to usher in skills of peace and negotiation.
The development of Egyptian Alternative Dispute Resolution needs to be based on two things: Legal Reform and Institutional Change. As the largest Arab country in the Middle East-North Africa (MENA) region, Egypt will play a significant role in the future as an advocate of Alternative Dispute Resolution (ADR). The incorporation of ADR is inevitable as Egyptian officials want to promote commercial ADR to entice Western corporations to invest in the region.
(4/01/13)Mohamed S. Abdel Wahab
Technologic implementation in
traditional dispute resolution schemes, as well as the creation of new forms of technology
based processes, is still at its inception in the overwhelming majority of African States.
Last week Kofi Annan, as prestigious and qualified a mediator as one could ask for, resigned his assignment to try to broker a peace agreement in Syria. Annan cited the Syrian government's intransigence, and the rebels' desire to achieve their ends by force of arms.
(6/25/12)F. Peter Phillips
The final paper from a student in the International Commercial Dispute Resolution course at New York Law School discusses the present state of commercial mediation, conciliation and arbitration in selected jurisdictions in Africa.
This is a perspective on the future of mediation in South Africa. It discusses the flaws and benefits of the current system, as well as anticipated developments in the future.
Climate change is one of the greatest emerging threats to global peace and security. Among other impacts, climate change will exacerbate the scarcity of water, food, and other natural resources essential to human survival. One concern is that as these resources become scarcer, the frequency and severity of international disputes will increase. Thus, developing effective means for resolving international resource disputes is of critical global importance.
Just as I am beginning to settle back into my bourgeois American lifestyle, I wake up this morning to find this article in the Times on a Ghanaian chief who spends most of his year in New York overseeing a taxi operation with his wife.
Richard Salem shares his experience training local leaders in Rwanda after the 1994 genocide, as well as helping to draft a book of chilren's drawings from the genocide.
Chris Moore shares his opinion on how world conflict has gone down in some arenas, but in others it has not, as new issues for dispute resolution have arisen. Also, he describes how the field has been more effective at the grassroots level than at a global level.
Chris Moore's account of CDR's work in South Africa during the apartheid and anti-apartheid movement. Moore describes working with employers and conducting workshops for different South African groups.
The Chief Justice of the Ghana Supreme Court reported that mediation has developed rapidly and gained popularity and acceptance in recent years within Ghana. Court-connected mediation programs were begun in 2005 and currently operate in 41 district courts across the country, providing better outcomes with less time and money. In 2008, the Accra mediation program succeeded in about half the cases sent to mediation by the court. The Chief Justice’s remarks were delivered at the dedication of an ADR Centre at the Ghana Broadcasting Corporation, which is the first of its kind in the country. The new ADR Centre is to offer dispute resolution services for management and staff at the corporation using 75 trained mediators from within the company.
All Africa (February 20, 2009) (Subscription Required)
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Two Pittsburgh attorneys use their skills as mediators to help Liberian refugees and former child soldiers.