Monday, 16 July 2012

Update: Spanish judge won’t mediate in Cauca

Filed under: Dispute resolution and negotiation,Human Rights,Indigenous Peoples,Latin America & Caribbean — story spotted by Catherine Morris @ 11:39 PDT

Spanish ex-magistrate Baltasar Garzon denied reports that he will mediate between the government and indigenous groups in southwestern Colombia, saying Monday that he only attended talks between the two groups “to listen” and give his “point of view.”

Local media reported Monday that Garzon, who worked in Spain’s central criminal court and recently met for two hours with indigenous leaders, would step in to resolve their disputes with the government in the southwestern Colombian department of Cauca, where they have been protesting the presence of security and guerrilla forces in the region.

“I’m no spokesman, nor am I a mediator for anyone,” the exmagistrate said. While the possibility of his posing as a mediator had been raised during the talks, “not much has come of it,” he said.

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Spanish judge to mediate between Colombian govt and indigenous peoples

Filed under: Environment,Human Rights,Latin America & Caribbean,Nonviolence — story spotted by Catherine Morris @ 08:30 PDT

The ex-magistrate of Spain’s central criminal court and former adviser to the International Criminal Court, Baltasar Garzon, is willing to act as mediator between the government and indigenous groups in southwestern Colombia, who have been protesting security force and guerrilla presence in the region.

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Banks will win, customers lose under Flaherty’s new spat-resolution rules

Filed under: Business, Human Rights, Environment,Dispute resolution and negotiation — story spotted by Catherine Morris @ 08:19 PDT

Jim Flaherty is spinning his plan to overhaul the banking industry’s dispute-settlement regime as “tough” and “pro-consumer.”…

The upshot is that banks will be free to handle serious customer complaints using their own private ombudsmen, provided they follow some broad federal guidelines.

Mr. Flaherty insists the new system will settle disputes in a “more timely, impartial and transparent manner.”

Put aside for a moment the potential for conflicts of interest when banks can hire and fire their own mediators.

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All public contracts for projects with the private sector must include ADR mechanism, Philippines President rules

Filed under: Dispute resolution and negotiation,Southeast Asia — story spotted by Catherine Morris @ 08:02 PDT

National and local government bodies in the Philippines must now include alternative dispute resolution (ADR) provisions in all contracts for projects involving the private sector, the President has announced.

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EEOC and Family Dollar Stores Sign Mediation Pact

Filed under: Business, Human Rights, Environment,Dispute resolution and negotiation,Human Rights — story spotted by Catherine Morris @ 08:00 PDT

Washington, D.C. – infoZine – The U.S. Equal Employment Opportunity Commission (EEOC) and Family Dollar Stores, Inc. (NYSE:FDO) today announced the signing of a National Universal Agreement to Mediate (NUAM) to informally resolve workplace disputes through Alternative Dispute Resolution (ADR) prior to an EEOC investigation or potential litigation. The NUAM applies to all Family Dollar establishments throughout the United States.

Under the terms of the NUAM, all eligible charges of discrimination filed with the EEOC in which Family Dollar Stores is named as an employer/respondent will be referred to the EEOC’s mediation unit, as appropriate. The company will designate a corporate representative to handle all inquiries and other logistical matters related to potential charges in order to facilitate a prompt scheduling of the matter for EEOC mediation.

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Nigeria | 2015: INEC Advised To Shun Parties Without ADR Mechanism

Filed under: Africa files,Dispute resolution and negotiation — story spotted by Catherine Morris @ 07:58 PDT

As the Independent National Electoral Commission (INEC) works towards the 2015 elections, it has been advised to ignore any political party that does not have the Alternative Dispute Resolution (ADR) mechanism.

This was the view of experts at a roundtable organised in Abuja yesterday by the Dispute Resolution Unit of the commission on how to minimise electoral cases in Nigeria.

Declaring the event open, INEC national commissioner in-charge of monitoring and development of political parties, Mrs. Amina Zakari, who represented the chairman, Prof. Attahiru Jega, said the use of the ADR would help to solve most of the crises that arise within and among political parties.

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ADR and accountability

Filed under: Dispute resolution and negotiation,South Asia — story spotted by Catherine Morris @ 07:57 PDT

With a population of about over seven people on earth, human beings come across each other every single second. This interaction results in millions of transaction each day and billions every month. After the world transformed into a global village, these interactions – whether social, cultural, or of any type – have increased manifold, both in quantity and complexity. This enormous and complex nature of transactions in a current multicultural, multiracial and multilingual world is resulting in numerous disputes. Most of them are undoubtedly the result of misperception and communication barriers. However, in some cases the deliberate acts of fraud, forgery, cheating and misrepresentation by some people are witnessed. Every nation, in this context, is faced with a challenge to reduce these faulty interactions at first stage and settle them with a minimum cost at the second stage of adjudication.

Against this backdrop, a corrupt person does not only deprive the nation of its hard-earned income made through taxes, but also cause an additional loss to government in prosecuting him. Despite the judiciary’s hard work, today it is not possible to provide an appropriate number of courts and judges to settle countless disputes, whether between individuals, groups or organisations without a waste of precious resources. Even in the best performing countries, the courts are burdened with a huge backlog of cases. Therefore, the world is moving towards alternative ways for the settlement.

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Counting the cost of consumer conflicts

Filed under: Dispute resolution and negotiation — story spotted by Catherine Morris @ 07:31 PDT

Giving your credit card a workout can be fun but it can come at the cost of your peace of mind if you are having problems with your purchase. The EU now wants to make it easier and cheaper to settle disputes without the need for going to court. Find out how the Parliament plans to make resolving your consumer conflicts affordable and hassle free.

The Parliament’s internal market committee adopted on 10 July reports on two proposals concerning consumer disputes. One relates to alternative dispute resolution, which refers to any attempt to resolve conflicts outside the courtroom, for example by negotiation or conciliation. The other proposal is about online dispute resolution for consumer disputes.

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What is a ‘mediator’? Just the useless tool of politicians determined to be seen to be doing something

Filed under: Dispute resolution and negotiation,Middle East,Peaceworkers in the news — story spotted by Catherine Morris @ 07:30 PDT

Kofi Annan is busy doing things in Syria

UN former Secretary-General Kofi Annan battles on in his role as ‘mediator’ in the Syrian problem. But what exactly is a mediator in such a context?

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Popular Culture in Dispute Resolution Training

Filed under: Dispute resolution and negotiation,Media and Conflict — story spotted by Catherine Morris @ 07:29 PDT

Teachers in a wide range of fields have been drawing more and more on popular culture examples to support teaching and learning in almost any substantive subject area.  In the area of medical ethics, think House and Grey’s Anatomy (for examples of what NOT to do!). And we’ve probably all seen clips of negotiations and even the odd mediation in dispute resolution training? I do get bored with too frequent showings of the films Disclosure and Wedding Crashers as the only mediation examples at conferences and in courses, but there are many trainers and professors using highly creative popular culture references to enhance student interest and to deepen understanding and discussion of a wide variety of dispute resolution topics…

I’d like to offer a few brief thoughts about The Avengers’ character Black Widow as demonstrating highly developed awareness of power dynamics in negotiations. In case you haven’t seen the film, I’ll concentrate on just one example, and try to avoid too many spoilers!

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About Distance Family Mediation

Filed under: Dispute resolution and negotiation — story spotted by Catherine Morris @ 07:23 PDT

From May 1, 2011 – May 15, 2012, Mediate BC Society offered a “distance family mediation” service to British Columbian families through a Law Foundation funded, time-limited project called the Distance Family Mediation Project. The Project was aimed at helping people undergoing separation or divorce who find it difficult to talk to each other in person because of distance or conflict between them. While distance mediations are no longer being offered under the Project, you can obtain them directly from the Project’s private practice family mediators, as well as through select Family Justice Centres…

You can find further details about the Project’s service in various posts on this blog:

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Quebec’s student strike to resume on Aug. 17

Filed under: Dispute resolution and negotiation,Human Rights,News Watch Blog — story spotted by Catherine Morris @ 07:19 PDT

QUEBEC — The Quebec student strike, which dominated the spring sitting of the Quebec National Assembly, is not over, a student leader confirmed Wednesday, and will resume on Aug. 17 when courses are set to begin again at 14 junior colleges.

But Martine Desjardins, president of the Federation etudiante universitaire du Quebec (FEUQ), said the strike, against a $1,778 tuition hike over seven years, will likely take second place to the election battle…

The FEUQ and the Federation etudiante collegiale du Quebec, representing the students, proposed mediation publicly to end the dispute last month. Desjardins said the appeal was rejected, but the students did not say so publicly, hoping to persuade the government to change its position.

The two federations then proposed mediation again privately, enlisting Louise Otis, a retired Quebec Court of Appeal justice and a leader in the field of mediation.

“The government refused twice,” Desjardins said. “The next day (Finance Minister) Raymond Bachand said it (the tuition conflict) will be resolved in an election. It is pretty clear.”

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