At the recent meeting of the ABA Dispute Resolution Section in Denver, Dai Kato of the University of Colorado and Jay Folberg of the JAMS Foundation offered stimulating -- even inspirational -- examples of modern-day practices of dispute resolution in Japan and Bali. These insights test our assumptions of how...
Continuing with the series on models of conflict resolution that are not based on the parties' interests, below is reproduced another chapter in a proposed book on alternatives to Western mediation methods. This one -- the Arab practice of sulha -- is centuries old, pre-dating even the Prophet, and its motivating considerations are an...
Thomas J. Welsh, Chair of the ABA Business Law Section Task Force on ADR in Commercial Finance Transactions, announces the promulgation of the Final Report of the Task Force on ADR in Commercial Financial Transactions. The Report is accompanied by Supplementary Arbitration Rules. Both are available by clicking here....
As the next installment in a series of essays on alternatives to interest-based negotiation, the Hawaiian practice of ho'oponopono is discussed. In this spiritually-influenced ritual, secular conflicts are identified, brought to the table, admitted, and forgiven, and the family group achieves reconciliation and forgiveness....
Harvard Prof. John Ruggie, the UN Secretary-General's Special Representative for business and human rights, has released the final report of his work and presented it to the UN Human Rights Council. The Final Report is the definitive statement of principles for stakeholders in disputes implicating violations of human rights as a...
Over the transom from our good friends at the International Mediation Institute comes this announcement: The Inter-Cultural Taskforce of the IMI Independent Standards Commission (ISC), after a year of meetings and consultation, is publishing for comment Draft Criteria for the planned IMI Inter-Cultural Competency Certification of Mediators. Organisations approved by the ISC as an...
A recent post noted that Wang Cheng Jie, Secretary General of the Mediation Centers of the China Center for Promotion of International Trade, delivered an insightful and provocative presentation at the World Mediation Forum in Athens on March 12. Mr. Wang has kindly given permission for his remarks to appear on...