Mediation in Africa
The fundamental concept of the Convention began in 1958 with the signing of the New York Convention. That concept is the obligation of contracting nation states to give effect to private agreements emerging from alternative dispute resolution.
In any given mediation, I am often asked whether I think the other party is telling the “truth”, can she be “trusted”?
What have we learned from the mediators working tirelessly to promote the institutional and cultural changes necessary to implement mediation within their home countries?
Diversity in ADR is an important topic of late.
This article discusses the progress of Court Annexed Mediation in Kenya since its inception three years ago. It also explains some of the steps taken to address the challenges faced.
This article discusses Liberia's path to peace and liberation, 1871 - 2017.
I travel all the time for my job--and part of the traveling experience is vulnerability.
This discusses the recently published groundbreaking SOAS Arbitration in Africa Survey, the first survey of its kind to take a pan-African snapshot of African arbitration practitioners—their expertise, experience, skills, and views on arbitration.
In a world where international commerce and cultural exchanges continuously progresses, disputes are unavoidable. Solving these cross-jurisdictional disputes through litigation is painfully long.
(11/06/17)F. Peter Phillips
In addition to the usual high level of discourse and the unparalleled opportunity to meet new friends and keep the old, this particular Forum offered the additional opportunity to reassess the extraordinary richness of Singapore as a world center for international commerce and commercial dispute resolution.
(8/18/17)Peter T. Coleman, Morton Deutsch
This article describes ideas on peace and justice from the career of Morton Deutsch.
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?
This is another in a series of updates on International Mediation Developments from Mediate.com News Editor, Keith Seat.
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 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.
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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.