ADR

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

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: 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

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

The Paris ODR Conference – When Law Meets Tech

peter-kleinau-99994.jpgThe 17th annual ODR Conference, which took place in Paris last month, was not your average law event. Entitled Equal Access to Information and Justice Online Dispute Resolution, the conference spanned across two days filled with intense discussions, ideas, exciting projects and most importantly – excellent food. Especially unique, was the combination of tech experts and lawyers from all over the world, and of course those who fit into both categories.

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Posted by Natasha Mellersh in Access To Justice, ADR, Dispute Management, Education, ODR, Technology

Ask An Expert: Bill Marsh

Bill Marsh

Bill Marsh, one of the top ranked independent mediators worldwide, discusses the growth of mediation, the future of the industry and streamlining cross-border dispute resolution processes.

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Posted by Natasha Mellersh in ADR, Ask An Expert, Dispute Management, Mediation

Roscoe Pound Would Be Proud – Reflections On The History Of The GPC

pound

Following the final GPC Series event held in London in last week, it seems timely to go back to where it all began. History informs the present and the future and, in our excitement about the significance of this ambitious project, it is important not to overlook the contribution of the memorable life of the man whose name it bears.

Roscoe Pound (1872-1964) was a remarkable man. Whilst some scholars brand him as ‘the most famous American jurisprudential thinker of the first half of the twentieth century’ and ‘the greatest twentieth century dean of the Harvard Law School’ his is hardly the name on every lawyer’s lips. Nor did he fit the mould of your average law school Dean.

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Posted by Rosemary Howell in Access To Justice, Ask An Expert, Introductory Guide, Mediation

The London GPC – Time For Change

marlon-maya-44935.jpgLast week’s London event marked the grand finale of the GPC Series, which has taken place on six continents and 29 cities since April 2016, collecting groundbreaking data on the behaviour and perceptions of stakeholders in dispute resolution across the globe. Taking place in the historical Guildhall building, built upon centuries of ‘dispute resolution’ above the Roman amphitheatre – where conflict was perhaps resolved in a more brutal way than today.

The event began with an introduction by online dispute resolution advocate Lord Justice Briggs, who has consistently pushed for technological reforms in the courts of England and Wales, especially in regards to resolving disputes. In addition Dr Andrew Parmley, Lord Mayor of London (Mayor of the City of London), gave a moving speech on London’s rich multicultural history – stating that London will remain a global city and an international hub for the legal community undeterred by Brexit.

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Posted by Natasha Mellersh in Access To Justice, ADR, Arbitration, Dispute Management, Education, LOC Coverage, Mediation, Negotiation, Technology

Facilitating Settlement – The Changing Role Of The Arbitrator

pablo-garcia-saldana-94058One of the most valuable aspects of the GPC is the rich amount of data it accumulates. A recently published article in the Fordham International Law Journal analyses the data of the 2016 GPCs in terms of the parties’ interest in collaborative dispute resolution methods within adversarial proceedings. Klaus Peter Berger and J. Ole Jensen suggest the facilitation of settlement between the parties within arbitral proceedings as an important means of maintaining and increasing the attractiveness of international arbitration.

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Posted by GPC Series in ADR, Arbitration

Ask An Expert: Eric De Brabandere

EdB PhotoEric De Brabandere, Professor of International Dispute Settlement at the Grotius Centre for International Legal Studies at Leiden University and Attorney-at-Law at Lexlitis Ghent, discusses legal education, international dispute settlement and the rise of international arbitration.

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

Effective Negotiation – Be Prepared

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By failing to prepare you are preparing to fail.  –Benjamin Franklin

The lesson of rigorous preparation has been taught throughout history.

In the 5th Century BC, Sun Tzu, in The Art of War, denounced lack of preparation as the most heinous of crimes, and celebrated good preparation as the greatest of virtues. In the 1st Century, Seneca defined luck as something that happens when preparation meets opportunity. Michelangelo grumbled that if people knew how hard he had to prepare to gain his mastery, it would not seem so wonderful at all. In Henry V, Act 4, Scene 3, Shakespeare has the King giving the most famous pep talk in history to his overwhelmed army as they prepared for the unlikely English victory at Agincourt in 1415, explaining that “all things are ready if our minds be so”.

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Posted by Michael Leathes in Negotiation