alternative dispute resolution

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

The Global Pound Conference = A Global Workshop

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I spent the past year helping organise the Florence GPC, which took place on 9 June 2017. The experience has been inspiring and even thrilling. Above all, it has changed how I think about dispute resolution.

In order to engage different stakeholders, I often found myself explain what the GPC is, what it aims to accomplish, and how it is going about its mission.  Local institutions, speakers, chairs, potential sponsors, mediators and all the people which I have spoken to have been fascinated by the initiative, but often requiring at least 20 minutes of explanation.

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Posted by Chiara Tondini in Introductory Guide, Mediation

Ask An Expert: John Sturrock QC

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John Sturrock QC discusses life as a mediator, the importance of an effective cross-cultural dialogue and key challenges facing mediation today.

Tell us a bit about yourself

I am a Scot, happily married to Fiona with three outstanding children, all making their way in the world at the ages of 27, 25 and 22. Each has undertaken a bit of mediation training with me and seem to have more skills in problem-solving than I ever had! I have had a varied and exciting career.

I studied law in Edinburgh and Philadelphia and then went to the Scottish Bar in 1986, where I was fortunate to develop a really interesting practice in civil work. I even made it to the House of Lords! In the mid-90s, I had my first career change, taking on the role as inaugural Director of Training and Education at the Scottish Bar where we created a world-leading advocacy skills programme. During that time, I also studied negotiation at Harvard and trained as a mediator. These really opened my eyes to a different way of doing things. Read more

Posted by Natasha Mellersh in Ask An Expert

The Mexico City Global Pound Conference

Scenic view at Basilica of Guadalupe with Mexico city skyline

The Global Pound Conference (GPC) Series 2016-17 is taking place in different locations all around the world over the next year, with the aim of facilitating the development of 21st century dispute resolution tools and finding answers to different questions in alternative dispute resolution (ADR).

The GPC Series, which officially launched in Singapore on 17-18 March, 2016, is set to hold the last scheduled event in London in July 2017. Over 25 countries worldwide have already committed to holding a GPC event with a total of 42 events and that number may still go up. Read more

Posted by Nuria Gonzalez-Martin in LOC Coverage

Nelson Mandela As Negotiator: What Can We Learn From Him?

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This article considers how ‘the greatest negotiator of the twentieth century’, Nelson Mandela, approached negotiating the ‘unbanning’ of the African National Congress (ANC), the dismantling of apartheid, and his own freedom after 27 years of imprisonment.

He employed classically good negotiation practices in the face of intense and violent opposition while confined in prison for life. If he could be successful, why can lawyers not succeed in the same way when facing less daunting disputes?

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Posted by Professor Hal Abramson in Negotiation

Chart Of Dispute Resolution Stages And Steps

 

Today, because of the flexibility, adaptability and versatility of ADR, Users of dispute resolution processes have available to them a wide variety of techniques that can be used to prevent, control and resolve disputes. New techniques are constantly being developed to deal with the wide variety of potential disputes that can occur in any kind of relationship, and at any stage in the development or escalation of a problem or dispute.

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Posted by James P. Groton in Introductory Guide

Pre-Dispute And Pre-Escalation Processes To Prevent Disputes: A Brief Introduction

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Among the dozens of dispute resolution processes that exist today, there are a number of relatively new pre-dispute and pre-escalation processes that can be used to prevent disputes before they become so intractable that they have to be dealt with through traditional ‘resolution’ processes. These processes are most effective when instituted proactively, at or near the beginning of a relationship. Read more

Posted by James P. Groton in Negotiation

Ask An Expert: Babatunde Ajibade

Lagos-based disputes lawyer, Babatunde Ajibade SAN, partner at SPA Ajibade, discusses the increasing complexity of commercial disputes and the importance of effective communication in the field of dispute resolution. 

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

Choosing the right tools

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A short guide to the different forms of dispute resolution.

International dispute resolution (and dispute prevention) tools provide an alternative or a supplement to litigation within national legal systems which are sometimes perceived as biased in favour of the “local” party. Because of its international focus, adaptability, alternative dispute resolution (ADR) provides the flexibility and intercultural sensitivity that is needed to bring together parties from diverse cultures who may have differing expectations about laws and legal practice. In contrast to litigation, ADR also provides confidentiality, which can be important in business settings. ADR clauses are often included in cross-border transactions.

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Posted by GPC Series in Introductory Guide, Negotiation

Global Pound Conference – What is it?

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This series of conferences spanning the globe, explores and raises awareness about a whole palette of tools for the resolution of disputes among nations and businesses. These conflict resolution tools are particularly suited for resolving cross-border conflicts, most commonly between commercial entities, states and private parties.

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Posted by GPC Series in Introductory Guide, Negotiation