World Mediation Organization Book Project - 2017


The professional team of WMO-Experts and invited specialists is currently working on the creation of an outstanding compendium regarding 'International Mediation‘. The publication of this international and interactive work is scheduled by October 2017 during the WMO Symposium in Berlin. It is intended to bring together diverse concepts of Mediation, based on different cultural and social backgrounds, and to encourage the reader to create a non biased individual point of view. This compendium will display a wide range of expertise and unique insights regarding professional day-to-day challenges. Several authors will introduce their work, thoughts and points of view. It will be an outstanding possibility for future readers and interested scholars to initiate a personal talk and to get direct feedback on individual questions. It will be available as a hardcover and download edition.

Call for Paper: The aim of this project is to gather the  expertise of outstanding experts and to create a unique academic compendium of international knowledge focusing on Mediation in different countries, continents, and cultures. The book will be made up of two parts. In the first section, each participant will present a personal point of view on what Mediation is. Actually, how he / she would explain the content without using a definition. That means, we are not trying to create a definition but rather a personal description of the context. Namely, an attempt to communicate to the reader what he / she can use as a non-binding advise during the personal discovery of what Mediation means and how it works. This section should take about 5 pages. The second part of the book will be the key section which will show all our international knowledge and diversity. The participant is asked to create an article on the individual characteristics of Mediation in his / her country. Here, we are focusing on country-specific uniqueness, such as: traditional ADR systems still in use, the history of Mediation or competing systems, the expectations of the general public towards Mediation, and cultural singularities and / or difficulties regarding the execution of Mediation. This article should be about 5 pages. The compendium will be published as download pdf and as hardcopy. The purpose of the compendium is to communicate knowledge to a broad audience. By sending in Section 1 and Section 2, you are contributing a personal chapter to this compendium. Even though, the book will be divided into two sections, your article will form a proper chapter and key point of interest of this compendium.The length of the sections will be: Section 1: 5 pages, Section 2: 5 pages. And please send in, being section 3, your updated CV in written form plus professional photo. Special highlight: Dr. William Zartman creates the foreword of the book and offered an article. Please note that this project is only open to listed WMO Mediations. If you did not register so far, please do: WMO Mediation Roster.

Further Steps: As soon as you completely registered as WMO Mediator, you are free to send us the abstract of your article. This has to be done by January 31st, 2017. We will upload all abstracts by February 15th, 2017. From this moment on, your peers, friends, colleagues etc. can vote for your abstract until March 31st, 2017. The abstracts that received most votes, will be published in the book. The final edition of the article should be send in by June 30th, 2017. Please note that the timeline is based Central European Time. Go ahead, be part of this amazing project.

Procedure: Below, you will find abstracts of all authors who apply for participation. You are free to vote for all articles that you want to be part of this book. Casting for votes is open from February 15th to March 31st, 2017.

Abstracts:

Miss Charalee Graydon (France): My paper will focus on forums for management and resolution of conflicts arising from what many consider to be the major challenge facing humankind and the role mediation can play in this matter. Forums to deal with these type of disputes will become an important source of employment for mediation specialists  in the years and decades to come. Courses in transition studies, environmental ethics, environmental justice and peacekeeping are now and will continue to be developed at educational institutions around the world. The article will set out ideas for promotion of mediation as a forum for handling these conflicts and emphasise ways to incorporate methods of mediation in dealing with an important issue that will be a part of our future … Vote for Charalee ...

Dr. Mario Appiano (Italy): Mediation is a “systemic way” for the settlement of disputes, as opposed to the armed conflict  or those in the courtroom, which are the “linear solutions” (i.e., based on the “cause and effect “ principle) to the respective types of conflicts .This seems obvious enough for the first case. When people hate another one - or, rather, they are induced to hate it - there is an enemy. The presence and the fear of an enemy is a dangerous situation (“cause”), that triggers a reaction.  If one  uses the violence to deal such a situation (resolution methodology), the only possible solution is to eliminate the enemy physically (“effect”): this inevitably leads to death and destruction, whenever one sees a person who is qualified as an enemy. In this context, people are not free, as they have no choice about how to behave. Recourse to war does not even assess whether there is indeed an enemy to be feared and if the interaction with this subject can lead to completely different results … Vote for Mario ...

Dr. Emmy Irobi (Poland): In a mediation session Kowalski was given the opportunity to sit down with his land lady pani (Mrs.) Beata to discuss about his overdue house rent payment. The landlady could not understand why her tenant a civil servant was not paying regularly his rents. She had made some visits and phone calls but to no avail instead emotions  grew higher, normal communication also impaired  leading to  lack of understanding. As a result she wanted to evict Kowalski from the property by force, And when her efforts  failed she rushed to the court for help. Qualified as a small claim case, the issue was referred to a local mediation center outside Warsaw … Vote for Emmy ...

Miss Thalía Veintimilla, M.A. (USA): Mediation can start at the personal surroundings. The most immediate place would be a home where there is a relationship between siblings and parents. Another immediate home can also be an orphanage where teachers become the parental relationship of the children. At home, the most immediate form of mediation can start to flourish because it is there where relations have the most continuous actions. From here, at home, or the place that can be called home by growing up in such locations, is where the characters of people will shape into what can or will become a mediator … Vote for Thalia ...

Francis Belle (St. Lucia): William Lucy (2002), refers to what he calls ‘the sceptical challenge’ and concludes that the question the challenge places on the jurisprudential agenda is this: are law and adjudication pre-eminently desirable means of subjecting human conduct to the governance of rules, and resolving disputes about those rules, from among the class of non-arbitrary ways of so subjecting human conduct and resolving disputes? Whether or not that designation legal sceptic aptly describes the writer is a matter for those who are reading this article rather than the writer. Nevertheless let there be no doubt that the legal system’s utilisation of mediation and other forms of alternative dispute resolution also indicates acceptance of the advantages available in these non-legal forms of subjecting human conduct to the governance of rules. In my view these non-legal forms are both in conflict with and complementary to the legal/adversarial approach to justice …

Miss Antonia Yeung, Dr. Fred Lee (Hong Kong): While the notion of mediation and the act of mediating may be expressed in a number of ways in different cultures, the Chinese term for it, 調解 (tiao jie), consists of two distinctly telling characters, namely, and in specific order, “tuning (in)” and “untying”, in other words, understand (coupled with adjusting) in order to produce a solution. Unlike “negotiation” (談判) which translates literally into “conversing” then “judging”, mediation in this light implies deeper personal engagement at the cognitive level of the participants in a process aimed towards unraveling the issues in dispute in order to achieve resolution. It is therefore not a coincidence that before the adoption of mediation as a mainstream concept and practice for alternative dispute resolution in Hong Kong, the facilitator for what we would now call the dispute resolution process i.e. the mediator, has long been referred to in Chinese as the “peace-maker” (和事佬). Where do “peace-makers” come from and what are their roles in a dispute? Christopher Moore, in his book The Mediation Process: Practical Strategies for Resolving Conflict, outlined three common sources of conflict management figures. They are, “social network mediators”, “authoritative mediators” and “independent mediators”. Their typical status and role are represented below … Vote for Antonia and Fred ...

Dr. Sarah Blake (Australia): This paper explores cross-cultural mediation in Australia but, more specifically, explores the of role legitimacy in decision-making. As a cross-cultural mediator, I am acutely aware of the challenges of creating meaningful mediation processes that empower people to resolve their own conflicts. While the notion of legitimacy may be an assumed normative value, I believe it is a foundational principle that enables parties to make decisions and ultimately results in agreements that have authority, meaning and strength. However, an understanding of the concept of legitimacy, and the role it plays in producing durable and responsive outcomes, is unfortunately not something that can always be taken for granted. Indeed the failure to consider the role of legitimacy at point zero, particularly within the cross-cultural context, is likely to result in subjugation and disempowerment of those outside of the dominant system.  Indeed, as I sat trying to write this paper, I was provided with a stark illustration of this very challenge: I received a phone call with a request to submit my name to facilitate a negotiation about resolving a cross-cultural conflict. I was initially excited, it is always nice to receive such a call, but as the discussions continued I became wary. Why, I asked myself as I reflected? The answer was facing me on the computer screen; I was alert to and aware that issues of legitimacy of process were not part of the conversation. I was in the middle of living and doing that which I was attempting to write about. Needless to say, it reaffirmed the importance of negotiating legitimacy for cross-cultural mediations in Australia … Vote for Sarah ...

James Michals (Canada): The world seeks simple and effective tools and principles in a hurting and contorted era of complexity, conflict and chaos. In a world of texting, twittering, tweeting, and other forms of virtual communication,   emotive conflict, belligerent tirades and in-your-face confrontation have become preferred and consuming forms of interaction, presenting a poor and soulless facsimile for authentic and meaningful personal communication. I recently turned down an offer to be considered for a virtual facilitator, for a government agency building a tribunal to expedite Civil Disputes and Strata Property matters of $ 25, OOO Canadian, dollars, or less. Vote for James ...

Dr. Elena Baixauli (Spain): Our society is calling for a paradigm change, what we used to help us and solve past problems now doesn´t help us. Then we need a change of focus, not focus on the problem, focus on the solution. We need to adapt to change and in this adaptation mediation is undoubtedly important. Mediation is necessary for a change of culture, it isn´t enough to use the techniques, we need to make changes at the structural level, to change the denunciation, violence, tolerance and dialogue. The first level is to go to schools, because the children of today will be the citizens of tomorrow. But working with children requires working with parents, teaching them how to manage their emotions and those of others, to create positive and positive communication and relationship dynamics, sending the message to all members of "you care about me". And because education in values ​​is acquired from parents, who are and will be the model of their children. Despite the influence of other people on the child, in the different stages of the development of the person, the most important are the parents and then the grandparents. We must form mediating parents, with greater capacity to communicate and to relate to theirs, to encourage active listening, participation and collaboration of all members. We must create resilient families, capable of coming out strengthened before the many pressures that affect them. From school, prevention should be oriented to teach the methodology of mediation, which accompanies the learning and education of parents. The mediation between neighbors favors the coexistence between the people, again rescuing values ​​as the respect and the acceptance of the other. Intercultural mediation both in schools, in neighborhood communities, as well as in companies, we live in a global world, with open borders, turning our backs on immigration, turning our backs on progress, so prevention is necessary. In conclusion, mediation becomes the main prevention tool in the face of new conflicts arising from the changes that occur at a rapid pace in our current society. The transformation of mediation from the different areas generates the bases for the development, sustainability and biopsychosocial balance of the societies of progress, contributing to the effective coping of the new challenges and challenges that are to come. Vote for Elena ...

Martin Golder, B.A. (Canada): Journey to Empathy.  This paper explores the central role that empathy plays in effective mediation.  To be able to ‘walk in the shoes’ of another person can give deep insight into how they came to be who they are, to hold the opinions they do and to take the positions that may have led to conflict. Empathy is a skill that can be learned. This paper will follow the path that the author has taken in learning empathy and compassion and the experiences of their application in conflict situations. The path includes Vipasana meditation practice to teach focus and Metta mediation to learn Loving Kindness and Compassion.  It will also explore more recent work on the negative aspects of empathy in situations where it may or may not be appropriate. Vote for Martin ...

Aleksander Jakobcic, M.A. (Slovenia): Conflicts are connected, by their nature, with war and peace, with stability and security. This is why conflicts are a crucial part of our broader human existence. Many of us view conflicts as negative, destructive. But what I find interesting is that a conflict can be a problem or a challenge and can be an opportunity if we make it so. Yes it sounds idealistic but history and everyday life proves it is or can be a reality. At this point the classical Greek view of imagination comes in handy. It is hard to talk about ideas without acknowledging the important role of imagination. So let us be idealistic and embrace our imagination without alienating ourselves from reason and reality in order to explore conflicts and of course what mediation means in this polyphony of human interactivity. Vote for Aleksander ...

Miss Josephine Reyes, B.A. (Australia): Mediation and Conflict Management can be learned.  When one decides on making one’s own personal discovery of what Mediation means, how it works, how it can be learned, how it can be practiced as a profession and how it can be shared and taught to future generations or even fellow practitioners around the world.  Share among others the techniques learned through years of experience, through collaboration with other practitioners; through co-mediation or through conferences and workshops around the world. The writer, who is a WMO Mediator, would like to share my personal discovery on what Mediation and practicing as a Community Mediator has been for me through all these years.  And what WMO has provided as a platform that enable professional development and personal growth as a professional and an individual passionate on ADR. Vote for Josephine ...

Marina Khamitsevich (Russia): I once read about an amazing Chinese character. The word “Conflict” in Chinese is composed of two parts – meaning “danger” and “opportunity”. I found that very thoughtful. It appears that in Russia, despite having common border with China, the understanding of conflict is rather one-sided: conflict is dangerous, thus, it should be either avoided or fought against. In 2010, a law on "Alternative dispute resolution procedure involving a mediator (mediation procedure)" was passed in Russia. It was supposed to decrease the growing workload of conventional Courts often rendering poor quality judgments as a result of that overload, and stimulate conflicting parties to take initiative in resolving their own disputes. However, the procedure has not yet become widely accepted, notwithstanding its obvious advantages. There are certainly different reasons explaining the situation. But, from the author perspective, the main one being proneness to conflict combined with the lack of skills and the very tradition to negotiate in the society. In the last two decades, we have been witnessing growing legal awareness in Russia with more and more conflicts being brought before the Court. At the same time, parties to conflicts are generally not ready to take responsibility for resolving the dispute by themselves, for creating opportunities to save and nurture their relations. Without going into definition of the term, we would describe Mediation as maturity test. Can you control your emotions? Can you listen and hear? Are you capable of making your own decisions and stick to the agreed plan? Then try to negotiate, use mediation. Same logic refers to individuals, companies and societies. Mediation is about seeing opportunities instead of dangers. The Court will always remain as last resort. The article concerns legal regulation of mediation procedure in Russia. It analyzes the present state and achievements of this type of alternative dispute resolution as well as the reasons - organizational, economic and psychological – hampering  the development of mediation in Russia. Formulated are proposals on possible amendments. Vote for Marina ...

Miss Marie Therese Villa-Caoile (Philippines): This article deals with the systematic procedures in mediation proceedings. Mitigate the stress of the litigants within the mediation room . Best practices and effective communication  in mediation. Compromise as a core value to be practiced in the early developmental stage of a person to minimize dispute within the community. As WMO MEDIATOR , my vision is to conquer our inner battles , inspire each one to a real life hero ; hence, peace is a worldwide challenge that each of us is accountable to work for it, peace can be attained and sustained through unity and cooperation. Vote for Marie Therese ...

Miss Maria Soutullo Crespo (Spain): In a simplified way, the conflict is caused by an internal imbalance, usually on one side, between "reason" and "heart". Between the "good and bad feeling", usually caused by "good or bad conscience“. And the ADR (Alternative Disputes Resolution) models are about having the resources to restore and maintain that internal balance between "reason" and "heart," when such conflict exceeds the individual, "within the skin" , and transcends the other party, or the environment. Because, in every part, in every human being, "from the skin inside, everything is feeling“. In order to achieve and maintain Social Peace, it would be essential to encourage the understanding of "human processes" in all citizens. The "changes", inherent in life, since in everything that surrounds us these changes occur consistently and irremediably: "Everything is change, nothing is immutable"; "Change is the only universal 'constant‘.“ Vote for Maria ...

Mrs Ekaette Anwana (Nigeria): Mrs. Okoro from the Niger Delta Region of Nigeria just lost her husband and is traumatized, inconsolable and overwhelmed by the prospect of being a single parent to five (5) children. Barely one week after the husband’s funeral Mrs. Okoro got a rude shock when the in-laws accused her of killing her husband by superstitious means and threatened to disinherit her of the husband’s estate. Negative widowhood practices has been on the rise in Local Communities in the Niger Delta. This paper explores how mediation has been used to restore the rights of widows and orphans. Vote for Ekaette ...

Miss Fleurdeliz Credo (Philippines): The world is changing significantly in almost all areas, to wit: technology, population, social media, economy, relationship between countries, diseases and sicknesses, health-related advances, judicial or legal systems and others. For us, peace-keepers/mediators, we put our focus on the growth of alternative dispute resolution as mechanism in settling conflicts, both in local and international context. Yes, true enough, although the principles used in mediation may be deemed universal, the actual practice or implementation of the method will have to be adapted into the cultural context of various countries. In Philippine context, the Court-Annexed Mediation [CAM] is an innovation under our alternative dispute resolution principles. This humble work provides a simplified and more personal or intimate background into the existing dispute resolution method in the Philippines. It will discuss the attitude of Filipinos towards mediation; the birth of Philippine’s ADR System; the evolution of mediation and the prevailing kind of mediation being implemented. Lastly, as a WMO Mediator, I take it as both an honor and a responsibility. It is an honor because I get to associate with other mediation advocates, attend mediation conferences and join projects like this. It is a responsibility because I have to maintain the ethics a mediator has to possess and to uplift the importance of mediation in dispute and conflict resolution. Vote for Fleurdeliz ...

Mr M.S. Siddiqui (Bangladesh): Bangladesh started practicing Alternative Dispute resolution (ADR) in settlement of disputed before going to formal court system. It is already a party to the New York Convention of UNCITRAL on international commercial mediation, and followed the their Model Law to pass  an Arbitration law in  2001  relating to international commercial arbitration, recognition and enforcement of foreign arbitral award and other arbitration. This law is the updated version of The Arbitration (Protocol and Convention) Act, 1937, the Arbitration Act, 1940. The Civil Procedure Code (Amendment) Act 2002 has been enacted to introduce Alternative Dispute Resolution (ADR) system for early and consensual disposal of civil suits. Section 89A and 89B have been inserted to allow parties to settle their disputes in suits through mediation or arbitration but ADR is not widely practiced. The other law of the country also updated incorporating mediation for domestic disputed between Banker- borrower, National exchequer –tax payers, Property developer and buyers etc.  The Artha Rin Adalat Ain (Money Loan Court Act) 2003 inserted the option of mediation in 2010. Again in 2013, the mediation was made mandatory prior to the hearing in court. The Bangladesh Energy Regulatory Commission Act 2003, the Real Estate Development & Management Act 2010 provision of ADR. Customs, VAT and Income Tax also amended to facilitate ADR to cases on optional basis. The process for settlement of industrial disputes is stipulated under section 210 - 211 of the Labour Act 2006 with negotiation and conciliation. International Chamber of Commerce is running Bangladesh International Arbitration Centre (BIAC) for Arbitration and recently started mediation. Bangladesh Indenting Agent’s Association (BIAA) is in process of setting up a mediation entre in collaboration of China Council for the Promotion of International Trade (CCPIT). The rural society in Bangladesh has very good ADR and particularly Mediation (Compromise) and the process is widely used in settlement of business disputes, family matters, land disputes and small crimes. The foundation of local mediation is social capital. Bangladesh has Arbitration law and mandatory and optional mediation options in some laws. It needs a mediation law to enforce and encourage use of mediation. Vote for M.S. ...

Dr. Jennifer Mahony (New Zealand): Everywhere we turn, there is something, or someone, to fear; something, or someone, to blame.  How as mediators in an increasingly global world can we work through the fear that has become radicalised in our collective psyche?  How can we remind ourselves – and reassure participants – that we already have the tools to work through these conflicts? Borrowing the works of Jim Tamm and Ken Cloke; how the Maori culture of New Zealand informs New Zealand dispute resolution practice and theory; and drawing upon real-life experiences from those participating, this presentation and workshop starts from the microcosm of self and the understanding of what drives each of us, our defences, and how we can work through those defences to fearlessly collaborate across the meeting room table as well as borders and different cultures.  We then move to the macrocosm of world affairs, including the New Zealand political landscape, to show how the same, basic practices and principles often apply on the global stage. We finish by working through a set of difficult scenarios as a collaborative, connected group that will test and extend our personal and professional understanding of collaboration and peace-building. Vote for Jennifer ...


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