Access To Justice

Ask An Expert: Anil Xavier

Ask An Expert: Anil Xavier

Anil Xavier, President of the Indian Institute of Arbitration & Mediation and practicing advocate in India, speaks about community mediation and the creation of People’s Mediation Centres (PMCs) across India.

What is community mediation and how does it work in India?

Fundamentally, community mediation is a system where neighbours help neighbours to solve problems and resolve disputes. The Indian Institute of Arbitration & Mediation (IIAM) formulated the IIAM Community Mediation Service (IIAMCMS) with the motto “Resolving Conflicts; Promoting Harmony” designed “for the people; of the people and by the people”. The mission of IIAMCMS is to bring justice to the doorsteps of the people and provide an opportunity to participate in prevention and early intervention in conflicts as an alternative to institutional mechanisms. It is intended to promote social harmony and access to justice for the ordinary citizen in a consensual and humanistic way against the background of an adversarial system.

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Posted by Petrina Ampeire in Access To Justice, Ask An Expert, Dispute Management, Mediation
ADR in South Africa: A Brief Overview

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
Big And Small Players  – The ADR Justice Issue

Big And Small Players – The ADR Justice Issue

In various sessions of the GPC, members of the Australian Dispute Resolution Advisory Council (ADRAC) Tom Howe QC of AGS, Debbie Hastings (Deputy Commissioner of Taxation) and Margaret Halsmith (Chair of Resolution Institute) noted that, whilst commercial disputes may sometimes involve very large disputes between very large disputants, they more often involve smaller disputes.

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Posted by Natasha Mellersh in Access To Justice, ADR, Mediation
Ask An Expert: Petros Zourdoumis

Ask An Expert: Petros Zourdoumis

Petros Zourdoumis, Director of ADR point and ODReurope, talks about conflict in the refugee context, access to justice issues, and the potential role of tech and ODR in providing solutions. 

Why is resolving conflict in the refugee context so important?

It is important for two main reasons. A practical one, which has to do with the operation of the refugee camp and the need to keep tensions and misunderstandings to the absolute minimum. And a substantive one, which has to do with the right of the refugees to have access to dispute resolution, which is not easy if we take into consideration the conditions they live in, the fact that they are on the move and also the fact that refugees almost in their entirety will not be willing to use courts for anything that might impair their chances of being relocated to another country.

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

Ask An Expert: Rosemary Howell

Rosemary Howell, renowned lawyer and academic and Co-Founder of Strategic Action, based in Sydney, speaks about both the international and the Australian ADR landscape, the pivotal role of education and the need for more data in the legal profession.

What is your background, how did you first get into dispute resolution?

I am a lawyer by training and background and I discovered early in my career that law was not the love of my life. A series of adventures saw me join the team setting up the postgraduate practical legal training programme in Victoria which involved significant training in educational theory and practice. I loved it and had the good fortune to be allocated the practice management segment to develop and teach. Good fortune brought an offer from the Law Institute of Victoria (LIV) to run its continuing education programme and join the fledgling practice management programme which saw me consulting to 500 law firms in Australasia over three years.

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Posted by Natasha Mellersh in Access To Justice, Ask An Expert
From Conference Series To Global Community – What’s Next For The GPC?

From Conference Series To Global Community – What’s Next For The GPC?

As the Global Pound Conference Series 2016-17 draws to a close,  it is time to take stock and consider how both the data analysis and conversations from each event might inform the future of Dispute Resolution.

As an academic, I am wary to avoid drawing conclusions before the final analysis is complete; but as contributor to the series from design to data analysis , I would like to share some of the themes I see emerging from this ambitious project.

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Posted by GPC Series in Access To Justice, ADR, Data Analysis, LOC Coverage, Mediation
Can ODR Help To Resolve Conflict In Refugee Communities?

Can ODR Help To Resolve Conflict In Refugee Communities?

The arrival of over a million refugees in Europe and the wider region since the outbreak of war in Syria has brought human rights and migration issues into the headlines around the world. Last year, the United Nations High Commissioner on Human Rights (UNHCR) reported that forced displacement has reached a record high globally at 65.3 million people (one person in 113).

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Posted by GPC Series in Access To Justice, ADR, Mediation, ODR, Technology

The Third Edition Of The IBA – VIAC Consensual Dispute Resolution Competition

Two years ago, the International Bar Association (IBA), the Vienna International Arbitral Centre (VIAC), and the European Law Students’ Association (ELSA) launched the first edition of the Consensual Dispute Resolution Competition (CDRC) Vienna. The inaugural success and the enthusiastic feedback and support for the competition’s new concept quickly caught international attention and led to a second edition in 2016. This past July, we witnessed the third edition of a path towards more consensus building in dispute resolution – and bringing it to the next generation:

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Posted by GPC Series in Access To Justice, ADR, Education, Mediation, Negotiation
Spontaneous GPC Voting Events Are Taking Place In India

Spontaneous GPC Voting Events Are Taking Place In India

Spontaneous GPC voting events have been popping up in India, just days before voting is set to close. As soon as online voting opened up to the public, organisers in India set up ‘voting clinics’ to help people to vote.

This is giving a significant boost to the global voting data, only days before the deadline on the 31 July. Today 30 people attended the clinic to vote, adding their voice to the global data on dispute resolution.
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Posted by GPC Series in Access To Justice, ADR, Technology
The Global Pound Conference London – The End Of The Beginning

The Global Pound Conference London – The End Of The Beginning

On October 29, 2014, 150 of us, representing many stakeholder groups from more than 20 countries, attended an important convention held in London’s beautiful Guildhall. Called ‘Shaping the Future of International Dispute Resolution’ the convention was inspired by the energetic and far-sighted Michael Leathes and was organised by the International Mediation Institute (IMI), which he pioneered and several other bodies. Read more

Posted by GPC Series in Access To Justice, ADR, Introductory Guide, LOC Coverage, Mediation
Global Citizenship…Global Pound…Mediation And Mediation Competitions

Global Citizenship…Global Pound…Mediation And Mediation Competitions

This year I have been privileged to attend three wonderful international commercial mediation competitions, in which students from around the world come together with mediators and other professionals to practice negotiation in mediation and mediation itself, and to talk about best mediation practice. These are the International Chamber of Commerce International Commercial Mediation Competition in Paris, Lex Infinitum in Goa, and the Consensual Dispute Resolution Competition in Vienna. I have taken on different roles at these events, from coaching a team, to mediating with students, to judging students’ performances and giving feedback.

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Posted by GPC Series in Access To Justice, ADR, Education, Mediation, Negotiation