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Neutrality, Power and Influence of Mediators

The mediators are a central figure in the mediation process. Although the mediator is theoretically held out to be impartial, in practice, this is very difficult to sustain. The term impartial has been summed up as “the quality of being principled enough to remain equally committed to the legitimate interests of all parties”. The mediator use to listen to all the parties and consciously or subconsciously begins to assess, judge, and evaluate the information. This automatic thought process also shapes and affects the mediator’s reactions, suggestions, proposals, and strategies, which in turn influences the outcome of the mediation and potentially […]

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Identity crisis of ethnic minority in Bangladesh

The population of Bangladesh is largely homogeneous – about 99 percent speak Bengali, the country’s state language, and almost 90 percent are Muslims (Caf Dowlah, 2013). As a result, more than 45 ethnic minorities represent less than 2 percent of the total population. The constitution of Bangladesh has the principle of homogeneity ( Article 9) and Banglali nationalism. Ethnic minorities living in Bangladesh have been struggling to have their identity recognized by the state even since independence in 1971. Ethnic minorities can be categorized into two groups: plains land ethnic minorities and those in the Chittagong Hill Tracts regarded as […]

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History of ethnic minority in law and rule

Ethnic Minority are suffering of land dispossession, land related violence, reduced livelihood options, and narrow access to key social services. At the same time, it anchors the challenges faced by extreme poor minorities in broader political economy questions around identity and political recognition. In 1776 British military attacked CHT and the hill people fought strongly. This fighting between Chakma king and British army continued for a decades (Levene, 1999; Serajuddin, 1984). In 1887 the conflict ended when Lord Cornwallis and Chakma King agreed to sign a mutual agreement by giving right to British to do trade in CHT. The process […]

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Ethnicity and jhum cultivation in Bangladesh

Land is the platform on which environment and ethnicity have a regular discursive interaction. Claims of ethnicity and claims to land are intertwined, suggesting the need for a comprehensive understanding of land tenure and land use patterns in the Chattogram Hill Trucks (CHT). Land is a crucially important and relationship between ethnicity and environment. It is specially involve of land use and jhum agricultural systems. There are a number of ethnic minority group in CHT. It is important to note that although all these groups share a common mode of subsistence, that is jhum, they nonetheless differ from each other […]

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Classification of Mediation

The Alternative Dispute Resolution (ADR) has different forms. Mediation is one of these and it is a dialogue process designed to capture the parties’ insights, imagination, and ideas and facilitate the dialogue to come to a solution of dispute. Alternatively, the conflict may be resolved by one disputant choosing to abandon the claim or, alternatively, a by his or her opponent’s choice to allow it. There is considerable debate in the field of conflict resolution about these different approaches and styles of mediation and different approaches which can be applied to resolve disputes in the context of mediation. There are […]

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CHT Problem – History of crisis and attempts to resolve

The problem arises with the intrusion of plain land people and taking over lands ethnic minority in Chattogram Hill Trucks (CHT). The ethnicity, cultural, linguistic and religious distinctiveness of the indigenous people of CHT was also disturbed by the plain land Bangalis. The governments of last few centuries also gradually curtail the autonomy of the region. Historically the CHT had always enjoyed an autonomous or quasi-autonomous status under the Mughals, British, and Pakistan period. Under the British, the region was kept apart from both the provinces of Bengal and Assam and ruled indirectly by the Governor-General Council through the Deputy […]

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How the case of a journalist Barbara became a social phenomenon

Serbia is a country on the European continent, which is widely known for its wars, embargo,bombardment, reign of Slobodan Milosevic with numerous non-violent protests that were organized by the organization Otpor. Today, 20 years later, Serbia is known in international circles as a country in transition, striving for full membership in the European Union. On this path, the European community requires the introduction of new standards and the manner of state, economic and legal regulation. The chapters that Serbia recently opened are per-accession chapters 23 and 24 that cover basic human rights and freedoms, greater efficiency of the work of […]

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Mediation and ethics

Conflicts are a considerable part of human relationships and thus cannot and should not always be avoided. However, we are able to choose how we address them and that is when mediation comes into the picture. As part of our everyday lives, conflicts can open new possibilities or they can represent an onerous challenge. Moreover, conflicts can also be very intimate and when dealing with them or their aftermath we are often exposed and vulnerable and so the way we choose to address our conflicts is very important. Consequentially, whoever is trusted with resolution or management of the conflict, may […]

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Communication, Conflicts and Mediation: A Personal Reflection

CWho we are as human beings is in a great way influenced by where or what kind of a social environment, we live in. An important part of our social environment are relationships, the world of human interaction and communication. Relationships between people shape our world for better or for worse. A vital ingredient of this world are also conflicts. They may represent a threat or an opportunity. How we tackle such ‘opportunities’ is very important for the quality of our lifetime spent on this planet. If we look at international relations, based on sovereign nation states and international organizations, […]

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A mediator’s mindfulness for dealing with conflict

Our world is filled with many problems including conflict that demand our attention and collaboration. Conflict, or more specifically, interpersonal conflict, is a fact of life, and particularly of organizational life. One of the most common difficulties is conflict—with friends and co-workers, with children or parents, with a spouse, with people who hold opinions different from each other. However, conflict can also arise in relationships and situations outside work. Interpersonal conflict has been defined as: “An expressed struggle between at least two interdependent parties who perceive incompatible goals, scarce resources, and interference from the other party in achieving their goals”. […]

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IMPEDIMENTS TO CONFLICT RESOLUTION IN SYRIA

In the existing realist world today, it is implicitly understood that conflicts, wherever they break out, should at the outset be addressed through domestic state apparatus through political reform, settlements, elections among other methods. When domestic mechanisms fall short, such a scenario calls for action on part of the international community to assist conflicting parties find peaceful means of coming about to an agreement. There are, however, barriers to conflict resolution owing to the forces of motion and relationships between nations and non-state actors. This article explores the broad categories of barriers to conflict resolution, followed by an attempt to […]

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THE TWO FACES OF CONFLICT AND THEIR OUTCOME

      Interaction with human beings often bring misunderstanding which confirms the fact that “the history of human societies as well as everyday experience on interpersonal conflict show that driving forces of conflict are very strong and may pull us strongly towards destruction” (World Mediation Organization 2008, 158). However, there are interactions that often generate conflict and at the end the outcomes are positive. Conflict is an unavoidable manifestation in any society. This is because the human environment is diversified and there are interactions of human beings with different beliefs, opinions, power, desires, goals, values,needs and preferences, feelings and […]

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Debt Mediation – For a debt free world

“Home life ceases to be free and beautiful as soon as it is founded on borrowing and debt” Henrik Ibsen. As a Mediator and an Arbitration Counsel in Finance and Banking for the last 15 years in India, I have noticed that DEBT often becomes a normal part of life that we don’t give much importance, and the warning signals are ignored.  DEBT IS A BURDEN, and it makes the individual, families and a clan sad, angry, scared, depressed and disappointed. Debt keeps one enslaved to a bank or a financial institution or to the state. Debt and stress are […]

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Mindful Conflict Management in Hong Kong and China

Conflict exists all over the world and even in its remotest corners. Whenever people get together, conflict will occur in their private or professional lives. Individuals generally are able to simply walk away from a person or from several persons whenever a conflict issue raises. But what should we do if it happens to exist in a business context? Can we just leave our colleagues, co-workers or counterparts in order to get rid of conflict? My answer is absolutely no. Basically we may say that the way you see a conflict, depends of your own view point, experiences and / […]

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ADR in civil procedure of Bangladesh

While criminal law is the body of law that deals with crime and the legal punishment of criminal offenses, civil law deals with the disputes between individuals, organizations, or between the two, in which compensation is awarded to the victim. All civil proceedings in Bangladesh are regulated under the Code of Civil Procedure, 1908, unless otherwise excluded. The only one exception to the Section 89A(1), which provides that except in a suit under the Artha Rin Adalat Ain, 1990 (Bank loan recovery act). The Judicial system takes about 20to 30 years to dismiss a suit finally. To recover from this […]

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Moldova – Transnistria Conflict Report

Following the breakup of the Soviet Union in 1991, a number of conflicts arose in areas of some of the post-Soviet states, usually where the new international borders did not match the ethnic affiliations of local populations. These conflicts are often referred to as frozen conflicts. The term is used for situations in which there is no active armed conflict but at the same time no peace treaty or other political agreement that would satisfy the conflicting parties. Therefore, the conflict can start again at any moment, creating an environment of insecurity and instability. There are several conflict zones on the […]

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Naming Conflict between Macedonia and Greece

The two countries Greece and the Republic of North Macedonia had a conflict since the second country declared its independence under the name of Macedonia in 1991. The core of the dispute is about the name of one of the successor states of the former Yugoslavia because there is a confusion between the name of the country and the historic region of the neighbouring country of Greece which has the same name[1]. The Republic of North Macedonia became a member of the United Nations (UN) in 1993, but it was admitted under the notion: the former Yugoslav Republic of Macedonia. […]

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Healing the Wounds: Post-Conflict Mediation in Sudan

Sudan has all the characteristics of an intractable conflict. The roots of the problem run deep into the Sudanese society, heavily influenced by cultural factors, such as religion, ethnicity, ideology, and economics. In this paper, I will describe the major characteristics of this conflict, and use it as a base to suggest and discuss a few recommendations about how an international neutral could go about building bridges among the parties in dispute, especially at the community level. Specifically, I will discuss and comment on Arai’s concept of dialoguing with genuine curiosity, the starting points discussed by LeBaron and Pillay, the […]

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How White Privilege can be Perpetuated in Mediation

White privilege is perpetuated in mediation because racism in the United States is healthy and strong. Racism permeates all aspects of society. Neither the many laws that have been passed to eradicate its effects, nor sustained efforts to educate the population, have weakened its negative influence. White privilege is a consequence of racism, which is pervasive in all areas of society, although the presence of white privilege sometimes is invisible. Mediation, with all its many good goals and characteristics, is not free from the influence of white privilege because, in most instances, this influence occurs unconsciously or subconsciously. Mediation is […]

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The Conflict between Ethiopia and Eritrea: An Assessment and Potential Solutions

This paper discusses the border dispute between Eritrea and Ethiopia, the decision of the Eritrea-Ethiopia Boundary Commission of the Permanent Court of Arbitration, and the difficulties that both parties are having implementing the decision. This conflict may qualify as an intractable conflict. Conflict “is a difference within a person, or between two or more people, that touches them in a significant way” (LeBaron and Pillay, 2006, p. 12). Conflict hurts the most “when their interdependence is so essential that they cannot do away with it despite the difficulties of remaining interdependent, such as for friends or lovers” (LeBaron & Pillay, […]

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