Category: Mediation / Conflict Resolution

About the responsibility of the international community towards the Venezuelan conflict

The conflict in Venezuela began escalating on 10th January 2019 when the opposition leader Juan Guaido declared himself as the acting president claiming that the incumbent Nicholas Maduro was not duly elected. The national assembly had earlier on invalidated the election of president Maduro during his second inauguration based on the 1999 constitution. However, the Supreme Court denied such claims holding that the national assembly’s act was not in line with the constitution (Grant, 2019). Thus, there was a need for re-election. However, the efforts of the Organization of America States to call for another election have not born any […]

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Mediation in the post-conflict period in the countries of former Yugoslavia

Perennial peace in the Western Balkans in the countries of the former Yugoslavia is a period when every state seeks to organize internal politics, economy, education, as well as other segments of everyday life. The mutual relations of countries that formed a, Yugoslavia have changed. a state that can be described by words such as slight indifference, effort to forget the ugly past. There is no lack of anger, an evocation of painful memories in the days when all of us in Serbia, Bosnia and Herzegovina, Croatia, Macedonia, Montenegro, and Slovenia are following media reports from The Hague on convictions […]

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Mediation of the 2008 post-election conflict in Keny​a: Was it a case of mediator personality?

Introduction In 2008 Koffi Annan and a panel of other eminent personalities under the auspices of the African Union mediated the Kenyan conflict between two major political parties stemming from a bungled presidential election by the Electoral body. Before the arrival of the panel, other personalities and organizations had made unsuccessful attempts but which were nonetheless crucial in laying the groundwork for the work of the panel. At the end of the grueling, tension pact and riveting Forty-One-day of mediation efforts, white smoke billowed, and the country could breathe again. The success of the mediation has been widely credited to […]

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Gender Equality – Quo Vadis, Comitatus?

Introduction On March 23, 2019 – the members of the WMO community joined a common conference call under the project name of ‚WMO Round Table‘. The event was chaired by Daniel Erdmann and co-chaired by Marina Khamitsevich. The appointed main-speaker was Rhea Mahanta, who was supported by five co-speakers, namely: Kristina Cukic, Louisa Garbo, Mirella Kreda, Mohammad Siddiqui, and Rene Wadlow (all profiles are available at: www.worldmediation.org/members/overview ). The sum of speakers and general participants created an international group, set up of 16 nationalities, providing a multitude of diverse points of view and insights. This brief reflection is an attempt […]

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Central African Republic: Continuing Disintegration. Need for Mediation

The continuing violence, refugee flows, internally-displaced persons and the lack of government  services is a good reminder of the difficulties of creating a functioning State with a top-down approach, especially one that begins by training a national army before there is a State to protect.  There are four levels of action to consider: the local level, the State level, the multi-State regional level represented in theory by the African Union but in practice largely absent, and the world level represented by the United Nations and in its most visible form by UN military. Oubangui-Chari as the Central African Republic was […]

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On Going Conflict in the Central African Republic

CAs the name implies, the Central African Republic (CAR) is in Central Africa. It is bordered by Cameroon, Chad, Democratic Republic of Congo, South Sudan and Sudan. It has a surface area of 622,984km2 and a total population of 5,507,257. The country is rich in diamond, gold and uranium, but has one of the world’s poorest populations (BBC,2014). This country was colonized by France, and later got independence on August 13th 1960 (Crisis Group 2007).Central Africa has been unstable since independence          .However I will be focusing on the most recent ,from 2004 ; a war between Unityof Democratic Forces (UFDR) […]

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Dogon-Peul Conflict in Mali Draws U.N. Attention to Broader Settled Agriculturalist-Pastoralists Tensions in Africa

On 29 March 2019, the United Nations Security Council held a discussion largely devoted to the disintegration of the State of Mali, brought  into sharp focus by the brutal killing on 23 March of some 150 persons in the village of Ogossagou, mostly women and children.  In addition some 50 persons were badly wounded so the death toll may grow in the near future.  The village of Ogossagou in the middle area of Mali was largely inhabited by Peuls, a cattle-raising group.  Thus many men were away from the village, and it was women and children who were killed, often by being burned alive. […]

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Women in Armed Conflicts: Role and Consequences

The Ongoing Conflicts in the North West and South West Regions of Cameroon. Abstract The role of women in armed conflicts is more prominent than imagined. Besides being victims due to their vulnerability, women have played frontline roles in revolutions, independence struggles and wars in many countries. The focus on this write up is the role women have played so far on the ongoing crises in the English-speaking regions of Cameroon, and the effects of the crises on them. What started in October 2016 as a teachers and lawyers strike demanding better working conditions in these two English speaking regions […]

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Series: Evaluating International Mediation Acceptance – Case of the Ongoing Anglophone Dispute in Cameroon (5)

Part 5 of 5 Part 4 discussed the characteristics of a mediator and the likelihood of its acceptance. The USA, UK the AU offered to mediate, other bodies called on the UN to mediate but so far, no mediation is in sight. In the next part, the international context will be examined. This part will also include the overall conclusion from the analysis, a look at ongoing conflicts around the globe, some resolution relevant insights, new options for a settlement, and lastly an outlook for the future. International Context  Lastly it is the international context which deals with other events […]

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Recent Growth and Developments on Online Dispute Resolution in Southeast Asia

Thomas G. Giglione Co-author Josh Lee Abstract Notwithstanding the continued importance of “traditional” dispute resolution mechanisms such as litigation and ADR, online dispute resolution (“ODR”) has continued to grow in influence and importance as an enabling tool for lawyers in assisting clients with the resolution of disputes. This development, however, has been patchy at best. Certain regions, such as South-East Asia (“SEA”), do not seem to have embraced ODR as compared to regions like the European Union (“EU”). This is in spite of the sustained explosion in growth of mobile usage and e-commerce in SEA – between January 2016 and […]

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Series: Evaluating International Mediation Acceptance – Case of the Ongoing Anglophone Dispute in Cameroon (4)

Part 4 of 5 It should be recalled that though the separatist movement is united towards liberating what they refer to as homeland otherwise known as Ambazonia, they are many internal threats. These internal threats can make it difficult to identify and accept credible leaders that will negotiate and secure the implementation of an agreement. Nevertheless, the regime is united and there are no internal threats to her war aims. In part 4 of this article, the characteristics of the mediator will be examined to appraise the eventual acceptance and success of a mediation. Characteristics of the Mediator The third […]

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Series: Evaluating International Mediation Acceptance – Case of the Ongoing Anglophone Dispute in Cameroon (3)

Part 3 of 5 It should be recalled that the government of Cameroon claimed to have agreed to the demands brought forward by CACSC which was formed to negotiate with the government but further demands of federation and later independence led to the ban of the consortium and the jailing of front liners. This led to the escalation of tension which started with school boycotts, ghost towns and later armed conflict. Since then, the separatist started calling for a mediated dialogue and are still calling for a mediated dialogue because they do not believe in a dialogue with the regime. […]

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Faith Based Mediation for Babri Masjid – Ram Temple Dispute in India

Abstract: – This article is examining the decision of the five judge Constitutional bench of the Supreme Court of India to refer the much fought litigation, over 60 years, which is high sensitive, and witnessed several violence and deaths in India, for a “Court Monitored Mediation”, to come out with a mediated solution as to the title over the disputed land at Ayodya district, UP State, between the two dominant communities- Hindus & Muslims. Considering the historical background, court judgments and findings, and the faith involved, this article is exploring the likelihoods of how faith related matter can be mediated […]

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Series: Evaluating International Mediation Acceptance – Case of the Ongoing Anglophone Dispute in Cameroon (2)

Part 2 of 5      When the crisis started, the government of Cameroon offered to dialogue with the adversaries as the best means of solving the problem, but secessionist elements gained momentum and increased the demands to include independence. The regime motioned that a dialogue will not hold with separatist because it is not in line with republican legality – the one and indivisible nature of the republic. The Roman Catholic Bishops called upon the president to begin an inclusive dialogue but the regime will not dialogue with separatist, so the crisis gradually moved from shutdowns and school boycotts to […]

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Macro-Trends in the Development of Commercial Mediation in Vietnam

Abstract Vietnam and the EU formally completed the legal review of the EVFTA and Investment Protection Agreement (IPA) in August 2018.[1] The specific regulations on mediation included in the EVFTA demonstrates the special attention given by Europe and Vietnam to dispute resolution through mediation.[2] An entire chapter of the EVFTA is devoted to outlining the protocols of the dispute mechanism in the trade agreement.  Vietnam is not one of the signatories to the Singapore Convention. There is concern is that Decree 22 Law of Mediation in Vietnam requires that the parties apply their mediated settlement agreements to Vietnamese Courts. ANNEX […]

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Mediation in the United Arab Emirates

Sulh or amicable settlement has a long history within Arab and Islamic societies and have their roots in pre-Islamic Arabia. Party autonomy is the one of the most attractive elements of the mediation process. In case of a litigation/arbitration, the judge/tribunal considers the available evidences and apply the applicable legislation to a dispute, whereas during mediation the parties themselves put forth their terms of the settlement and they remain responsible and answerable for such terms. In a promising commercial and trading hub like the UAE, mediation as an alternative avenue to traditional court litigation has proven to be an effective […]

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Series: Evaluating International Mediation Acceptance – Case of the Ongoing Anglophone Dispute in Cameroon (1)

Summary: Fighting between separatist in the Anglophone regions and the government of Cameroon is ongoing and little international attention is being paid to it. This crisis that started in October 2016 following a perceived marginalization of the Anglophone community whereby schools and courts in the North West and South West Regions were allegedly flooded by French speaking professionals to the detriment of the Anglophones. Teachers and lawyers strike sequel to this that demanded the removal of French teachers and judges from English schools and courts was later hijacked by secessionists elements when the government of Cameroon turned down a request […]

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From fishing to piracy – Solving piracy in Somalia

Context: The Civil War of 1980 came to an end with the plans of the Ministry of Fisheries and Aquaculture for the development of maritime that wanted to exploit the fish fund of marine waters in which there was a potential for the development of the economy of this very poor country today. The Somalian Navy protected the coast of Somalia and established order. The civil war has led to an institutional and even more economic collapse of the country that has been going on till today. Unprotected coastal areas, lack of institutions as well as resources for the preservation […]

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Use of indigenous language for conflict resolution

Human communication is inseparable from human language. People communicate with each other with language. Miscommunication and non-communication can contribute to conflict. It happens when communication is not enough with information or a misinterpretation of the words intended but a different meaning by which it is the beginning of miscommunication. Conflict is a situation whereby individuals, groups, or countries are involved in disagreement over an issue. Usually conflict between different ethnic groups often results from different language contact. There are instances when an indigenous language has a proverb, a song, a story or a myth that paints another community or other […]

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Diseño de un programa de capacitación en RAC

“Un traje hecho a la medida” CAPACITACION EN METODOS DE RESOLUCION ALTERNA DE CONFLICTOS EN COSTA RICA «El arte supremo del maestro consiste en despertar el goce de la expresión creativa y del conocimiento» Albert Einstein Alternabilidad de los métodos RAC. En Costa Rica, los métodos RAC son formas de resolver conflictos, diferentes o alternos, al sistema procesal garantizado constitucionalmente mediante el Tercer Poder de la República: el Poder Judicial. Se trata del derecho de todo ciudadano de poder elegir, con base en el principio de la autonomía de la libertad, cualquier otro sistema o método para resolver conflictos alternos […]

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