The Brave New World Of Disputes
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From Jeff Thompson's Enjoy Mediation Blog April 2009 |
- Competition for carbon-based sources of energy. The NIC predicts that scarcity of carbon-based sources of energy and a desire for secure access to energy supplies will bring countries into conflict.
- Water. Activities by countries close to a water source that reduce the water available to downstream countries through diversion, retention and pollution of water are increasing worldwide, and with them the number of disputes.
- Natural Resources of the seabed. there are potentially 430 maritime boundaries among 67 coastal countries, fewer than half are agreed upon and only a handful of those involve the outer continental shelf, disputes are inevitable.
As with today's global economy situation, financial disputes also are listed a potential provider to international conflict. A worthy note is financial disputes are not just between international corporations, but also between nations. The recent Naftohaz Ukrainy and Gazprom dispute, both state run by the Ukraine and Russia respectively, serves as an example.
So how does ADR fit in on the international stage? Well, The EU Directive on Mediation in Civil and Commercial Matters, adopted in 2008, not only encourages mediation but also the enforcement of agreements reached there as well.
The article adds that the international neutral community will face two challenges:
- The need for greater sophistication in the mechanisms deployed to stimulate settlement;
- The need for greater cultural sensitivity as mediation is used to address disputes between parties from different cultural traditions.
The issue of cultural sensitivity seems to be 'popping' up often. When attending the recent American Bar Association section on Dispute Resolution's Spring Conference in New York City, there were numerous sessions dedicated to the issue of mediating internationally and the issue of cultural differences.
Read the entire article [here].
Biography
Jeff Thompson is a certified international mediator. He is also a law enforcement detective in New York. His law enforcement role include a being a communication and conflict specialist, interfaith dialogue, developing and implementing community engagement programs, and designing training workshops.
Jeff is currently a PhD candidate researching nonverbal communication and mediation at Griffith University Law School. He also received his MS in Negotiation and Dispute Resolution from the Creighton University School of Law. Jeff has presented and trained on the topic of conflict, mediation, communication and nonverbal communication internationally and has been published and featured with numerous international media organizations. He currently writes also at PsychologyToday.com.
(All posts by Jeff Thompson represent his personal reflections and opinions as a mediator and not that of any organization.)
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