ADR in South Africa: A Brief Overview

Some of the challenges that have faced many countries in Sub-Saharan Africa in the administration of justice can be attributed to the over-reliance on the courts in the resolution of all forms of disputes, even where other forms of dispute resolution would have been more appropriate. South Africa has one of the fastest developing alternative dispute resolution (ADR) systems in Africa. This can be partly credited to the numerous NGOs financed by donors who undertook ADR efforts throughout South Africa before the transition of government during apartheid. One of the most notable NGOs that facilitated ADR mechanisms, is the Independent Mediation Service of South Africa (IMSSA). Read more

Posted by Petrina Ampeire in Access To Justice, ADR, Arbitration, Mediation, 0 comments

What’s A Pound Worth? The Conversation Continues…

Since 2001, the Union Internationale des Avocats World Forum of Mediation Centres (UIAWFMC) has brought together the best commercial dispute resolution professionals and representatives from ADR centres around the world. Its purpose is to foster the exchange of views on the development of ADR (with a focus on mediation), enhance knowledge, consider emerging best practices and learn from other cultures. The Forum takes place every 9 months in a different international venue. Read more

Posted by Emma-May Litchfield and Danielle Hutchinson in ADR, Data Analysis, Dispute Management, Mediation, 0 comments

Big And Small Players – The ADR Justice Issue

In various sessions of the GPC, members of the Australian Dispute Resolution Advisory Council (ADRAC) Tom Howe QC of AGS, Debbie Hastings (Deputy Commissioner of Taxation) and Margaret Halsmith (Chair of Resolution Institute) noted that, whilst commercial disputes may sometimes involve very large disputes between very large disputants, they more often involve smaller disputes.

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Posted by Jeremy Gormly in Access To Justice, ADR, Mediation

Ask An Expert: Petros Zourdoumis

petros1Petros Zourdoumis, Director of ADR point and ODReurope, talks about conflict in the refugee context, access to justice issues, and the potential role of tech and ODR in providing solutions. 

Why is resolving conflict in the refugee context so important?

It is important for two main reasons. A practical one, which has to do with the operation of the refugee camp and the need to keep tensions and misunderstandings to the absolute minimum. And a substantive one, which has to do with the right of the refugees to have access to dispute resolution, which is not easy if we take into consideration the conditions they live in, the fact that they are on the move and also the fact that refugees almost in their entirety will not be willing to use courts for anything that might impair their chances of being relocated to another country.

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Posted by Natasha Mellersh in Access To Justice, ADR, Ask An Expert

Mediation Culture And The Next Generation

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A short insight into national education and development in mediation around the world from four former participants of IBA-VIAC CDRC – the Consensual Dispute Resolution Competition Vienna, representing Lebanon, Georgia, India and the UK.

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Posted by Jenny Driver, Jonathan Rodrigues, Karim Zein and Mariam Malidze in Access To Justice, ADR, Conciliation, Education, Mediation, Negotiation

Ask An Expert: Rosemary Howell

rosemaryRosemary Howell, renowned lawyer and academic and Co-Founder of Strategic Action, based in Sydney, speaks about both the international and the Australian ADR landscape, the pivotal role of education and the need for more data in the legal profession.

What is your background, how did you first get into dispute resolution?

I am a lawyer by training and background and I discovered early in my career that law was not the love of my life. A series of adventures saw me join the team setting up the postgraduate practical legal training programme in Victoria which involved significant training in educational theory and practice. I loved it and had the good fortune to be allocated the practice management segment to develop and teach. Good fortune brought an offer from the Law Institute of Victoria (LIV) to run its continuing education programme and join the fledgling practice management programme which saw me consulting to 500 law firms in Australasia over three years.

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Posted by Natasha Mellersh in Access To Justice, Ask An Expert

From Conference Series To Global Community – What’s Next For The GPC?

eric-didier-271433.jpgAs the Global Pound Conference Series 2016-17 draws to a close,  it is time to take stock and consider how both the data analysis and conversations from each event might inform the future of Dispute Resolution.

As an academic, I am wary to avoid drawing conclusions before the final analysis is complete; but as contributor to the series from design to data analysis , I would like to share some of the themes I see emerging from this ambitious project.

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Posted by Emma-May Litchfield in Access To Justice, ADR, Data Analysis, LOC Coverage, Mediation

Ask An Expert: Laura Benedetto

Laura_Benedetto.jpgLaura Benedetto, Secretary General of the Florence Chamber of Commerce in Italy,  speaks about expanding the Florentine disputes landscape, international mediation and educating the legal and business community on the range of processes available.

What made you specialise in dispute resolution?

I’ve been serving as Secretary General at the Florence Chamber of Commerce since 2011. The Florence Chamber of Commerce has been promoting and investing in ADR tools since the 1970s, when almost nobody in Italy knew these processes.

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Posted by Natasha Mellersh in ADR, Arbitration, Ask An Expert, Education, Mediation

Can ODR Help To Resolve Conflict In Refugee Communities?

rodion-kutsaev-184298The arrival of over a million refugees in Europe and the wider region since the outbreak of war in Syria has brought human rights and migration issues into the headlines around the world. Last year, the United Nations High Commissioner on Human Rights (UNHCR) reported that forced displacement has reached a record high globally at 65.3 million people (one person in 113).

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Posted by Petros Zourdoumis in Access To Justice, ADR, Mediation, ODR, Technology
The Third Edition Of The IBA – VIAC Consensual Dispute Resolution Competition

The Third Edition Of The IBA – VIAC Consensual Dispute Resolution Competition

Two years ago, the International Bar Association (IBA), the Vienna International Arbitral Centre (VIAC), and the European Law Students’ Association (ELSA) launched the first edition of the Consensual Dispute Resolution Competition (CDRC) Vienna. The inaugural success and the enthusiastic feedback and support for the competition’s new concept quickly caught international attention and led to a second edition in 2016. This past July, we witnessed the third edition of a path towards more consensus building in dispute resolution – and bringing it to the next generation:

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Posted by Pedro Pereira Gomes in Access To Justice, ADR, Education, Mediation, Negotiation

Spontaneous GPC Voting Events Are Taking Place In India

Spontaneous GPC voting events have been popping up in India, just days before voting is set to close. As soon as online voting opened up to the public, organisers in India set up ‘voting clinics’ to help people to vote.

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This is giving a significant boost to the global voting data, only days before the deadline on the 31 July. Today 30 people attended the clinic to vote, adding their voice to the global data on dispute resolution.
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Posted by GPC Series in Access To Justice, ADR, Technology

Co-Mediation In A Cross-Border Context

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Trade between different states is taking place on a greater scale than ever before. Small and large companies are doing business across borders every day, all around the globe and many companies are established abroad. However, this is by no means new information.

Disputes arising from international business dealings can be complicated and expensive, especially if the parties come from different countries and continents. Moreover, existing business relationships can often break down while in conflict. There are of course courts and arbitrators to resolve cross-border disputes, but this is not only a very expensive and potentially destructive way of finding a solution, it is also often very time-consuming. But, this is also not news to you.

So, what can we do in order to effectively manage a cross-border dispute?

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Posted by Gert Nilsson in ADR, Introductory Guide, Opinion