...(Legal) QUESTION OF: Strengthening the role of mediation in the peaceful settlement of disputes, conflict prevention and resolution MAIN SUBMITTER: Botswana _____________________________________________________________ The General Assembly, Acknowledging the aims and principles discussed and abided by in the Charter of the United Nations, Reaffirming its dedication to protect and honour the sovereignty of all States equally, its understanding of territorial integrity and political freedom of all States equally and the responsibility of all Member States to act internationally in conformity with the principles and aims of the Charter of the United Nations, Taking into account the importance of gender balance within every activity of the UN, whether it be decision-making or idea-generation, Understanding that violence due to arms, terrorism and civil disunion continues to hamper the serenity and social stability of numerous regions all around the world, Noting with appreciation the successes of certain previous mediation attempts as well as the peace and stability they have brought about, Taking note of the 2009 report by the Secretary-General of the United Nations promoting, propagating and supporting any and all mediation efforts made by UN and/or any other state or non-state actor, provided that the aim of the mediation was solely the peaceful settlements of disputes, conflict prevention and resolution, Reiterating Article 99 of the UN Charter, which...
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...Conflict Resolution in High School Youth conflict resolution has been around for a while and has been very successful in some schools. The biggest problem has been keeping a program going. Training, funding, and finding time to keep it a part of a school are difficult challenges. Conflict resolution means teaching young people new and different ways to resolve disputes without resorting to verbal or physical violence. Many adolescents today are caught up in situations of teen conflict that they cannot manage – jealousy, name calling, teasing, gossip, stealing another’s property, dating and friendship issues, and bullying and outright aggression. Schools are frequently the center of many of these tensions. Conflict can also branch out from the school and lead to problems in the community. Conflict resolution education is an important component in violence prevention and intervention program in schools and youth communities. It is used in approximately 15% of schools in the United States. The most successful programs seem to be those that offer a comprehensive approach to problem-solving, teaching effective listening and communication skills, and critical and creative thinking with an emphasis on personal responsibility and self discipline. Sweeney and Caruthers (1996) define conflict resolution in a concise way, “the process used by both parties in conflict to reach a settlement.” Conflict is basically the result of two or more people possessing differing opinions...
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...times to produce output due to conflicts that may arise. A common reason for conflict in team settings is when there is lack of trust between team members. When a disagreement or miscommunication occurs within the team, this is the point where an alternative dispute resolution should be administered to resolve these issues among learning team members. Alternative dispute resolutions are various processes that can be used to litigate an issue. Some of the areas of alternate dispute resolution consist of negotiation, mediation and arbitration. In a learning team setting, the best alternative dispute resolution to use is mediation because it allows the team members to give their opinions and interact with others more efficiently. When it comes to mediation, team members will have the opportunity to tell their side of the issue and others will be able to pinpoint the problem, gather ideas and come up with a solution. In a team setting there are many reasons why mediation may be needed. Mediation will help the personality conflicts within the team, miscommunication between team members, equal workloads and time constraints on projects. In a team setting the process leading to the use of an alternate dispute resolution always begins with a problem. Once the problem is identified, an attempt to try and fix the problem through discussion should follow and this is when it will be discovered that the issue is in need of an alternate dispute resolution. Team members involved in this...
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...Conflict Resolution and Mediation: A Look at Same Sex Couples Psychology 399 Kari Holter May 3rd, 2013 Conflict can be both good and bad and with mediation and conflict resolution we can handle conflict situations properly and strengthen relationships. In this paper I will focus on same sex couples and how mediation and conflict resolution is the same and different compared to heterosexual couples. I will talk about some background info on conflict, mediation, and same sex couples and families. I will then discuss the 4 articles I read and what was found on same sex couples and mediation. CONFLICT Conflict is the interaction of interdependent people who perceive incompatibility and the possibility of interference from others as a result of this incompatibility (Folger, Poole, Stutman, 2009). The most important feature of conflict is human interactions and they are sustained by behaviors of the parties involved and their reactions to one another. These reactions are usually verbal and nonverbal communication. MEDIATION Mediation is a range of processes in which a mediator facilitates communication between parties to assist the parties in reaching voluntary decisions related to their dispute (SBHE Policy 605.5, Antes, 2003). There are three types of mediation. 1. Transformative – empowerment and recognition opportunities are supported. 2. Facilitative – parties reach a mutually satisfactory agreement. 3. Evaluative – parties decide based upon...
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...Organization Conflicts within the Clayton County Board of Education Course Project Outline Professor GM 591 21 June 2011 * * I. Introduction The organization that will be focused on is the Clayton County Board of Education. The board consists of nine citizens who are elected by the community. The Clayton County Board of Education is responsible for the programs, finances, education, employment, and other policies within Clayton County Public Schools (CCPS). CCPS is a school district located in Jonesboro, Georgia. The system is the fifth largest school district in Georgia and is comprised of over 50,000 students. The district is considered a Title 1 school because of its high percentage of low-income families (SACS Report).. Although the district receives government grants and various allocations to improve school conditions, the Southern Association of Colleges and Schools (SACS) revoked accreditation for the district in 2008. The Clayton County Public School system was the third school district to lose accreditation in over forty years (SACS Report). As a resident of Georgia, it is important the school systems are effective and can adequately educate children. I have family and friends that live throughout the state of Georgia. The loss of accreditation hinders children and their education. Students attending CCPS faced difficulty being accepted into colleges and universities. They also faced dilemmas retaining various scholarships. Not only were students...
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...to court to resolve a dispute in China: negotiation, mediation and arbitration, they are ADR. ADR means “Alternative Dispute Resolution” and it refers to various processes, commonly used in civil law tradition, which have in common the aim of a better communication between the parties during a dispute and the saving in managerial and legal time, expense and worry (Bevan, 1992). We can clearly distinguish the advantages of the ADR, comparing to the formal dispute settlement at court. ADR processes are quicker, as they can be arranged within days or weeks rather than months or years (example of one case in litigation). They are also less expensive, as earlier settlements save managerial time and they are confidential. They are voluntary, which means that the parties are free to walk out every time without interfering the legal procedures and their rights (Bevan, 1992). Mediation, one of the most used ADR, involves a neutral third party, called a mediator, to help the disputing parties to reach an agreement. Mediation in China has been existed in China for more than 2,000 years. It was used in the Western Zhou Dynasty (1146 BC-771 BC) and then used during the Qin Dynasty (221 BC-207 BC). There was always a preference for mediation throughout all the history of Imperial China. The mediation system and the legal system were developed together after the establishment of the People's Republic of China in 1949. People's Mediation Committees appeared during this period, helping local...
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...India and Pakistan in 1947, the Kashmir conflict between them has become intractable. India first referred the case of Pakistani aggression in Kashmir to the United Nations Security Council under Article 35 of the UN Charter on January 1, 1948. This move was directed towards protecting India’s territorial integrity. United Nations was involved in mediating the Kashmir conflict from 1948 through 1965. Later, at the end of the Third Pakistan- India war of 1971, Pakistan and India signed the Simla Agreement in 1972 which emphasized the adoption of a bilateral framework to solve the crisis. UNSC resolution 47 of 1948 recommended Pakistan to withdraw all its tribesmen and Pakistani nationals. It also recommended Indian forces to be reduced to minimum strengths to maintain law and order so as to later hold a UN supervised plebiscite in the princely state of Jammu and Kashmir to determine the aspirations of her people. But Pakistan never vacated and later India also backed out. As a result the referendum never went through and UN declaration could not be implemented. Germany agrees that the Kashmir issue should be undertaken bilaterally as “one spark” could be disastrous for the entire region. Germany has always supported negotiated settlement of the Kashmir issue between Pakistan and India. We also believe that the two countries could follow the principle of dialogue and people to people exchanges in order to reach a mutually agreeable resolution of the long- standing dispute on Kashmir...
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...CAREER OPPORTUNITIES IN PEACE AND CONFLICT RESOLUTION Description of the Field Peace studies is an interdisciplinary academic field that analyzes the causes of war and systemic oppression, and explores processes by which conflict and change can be managed so as to maximize justice while minimizing violence. It encompasses the study of economic, political, and social systems at the local, national, and global levels, and examines ideology, culture, and technology as they relate to conflict and change. In different settings, this field of study is known variously as "peace and conflict studies," "peace and security studies," "peace and world order studies," "justice and reconciliation studies," and so on. What distinguishes this field from others, however, is a concern with the modalities of peace and the methods of peacemaking (Michael T. Klare, Peace and World Security Studies.) Career-related activities within this field include policy research, legislative lobbying, public education, petitioning and protest action, community service, and intercultural diplomacy. Career Paths and Entry Salaries Entry level positions in the peace and conflict field are diversified and often highly competitive. Salary levels range from high teens to mid thirties at entry level depending on the size of the organizational budget, number of staff, and qualifications. The functional titles will include analyst, program associate/assistant, education coordinator, research assistant, public relations...
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...Brief Facts of the Mediation Jo and Bill are partners of successful accounting firm with gross revenue of $500,000, and a net profit of $200,000 a year. Jo who was hired as a new graduate 10 years ago, made partner 5 years ago, and her share of the business profits is 40%. Recently there has been disagreements between the partners regarding the direction that the business should take. A mediation was sought to resolve some of those issues. Bill, a 65 year old chartered accountant, is very happy with the business turnover and is keen to maintain the status quo. Bill is concerned that an expansion might see him lose the business. Jo, 35 years of age, a chartered accountant with an MBA, wants to expand the business and increase the business profits. Both of the partners were able to come to an agreement at the mediation to hire a temporary employee for three months. This would free up Jo to develop new models for business expansion and a phase out plan for Bill to retire over the next five years. It was helpful to read Peter Condliffe's Conflict Management as well as Tania Sourdin's Alternative Dispute Resolution to understand the role and methods of mediations. The book covered in detail how a mediation is to be conducted as well as how to assess the strengths and weakness of a mediator. Some of the journals I've read, especially the once I've referenced below helped me understand the importance of active listening. emotions and how important it is to effectively...
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...Overtime, the process of litigation has become more and more time consuming, expensive and cumbersome and increase in the number of cases in courts have led to congestion and delay in their resolution. Some Disputes are sensitive and confidential in nature and disputants may prefer settlement in private to one in public glare of court. In addition, the complexity of court litigation tends often times towards increase in costs which disputants are naturally anxious to reduce. On the other hand, there may be claims involving small sums, which may not be worth the cost of litigation. All these have led to the development of alternative methods of resolving disputes. 1.2 ALTERNATIVE DISPUTE RESOLUTION METHODS The term “Alternative Dispute Resolution” (ADR), is used generally to describe the methods and procedures used in resolving disputes either as alternatives to the traditional dispute resolution mechanism of the court or in some cases supplementary to such mechanisms. ADR arose largely because the litigation process was and still is, unduly expensive- in the long-run and especially prolonged as a result of judicial technicalities embedded in that method of dispute resolution. Apart from the fact that businessmen and women now prefer private resolution of...
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...still feel this way and practice accordingly. In the personal injury field one needs to be very aggressive in order to seek the best compensations and the best outcome for the client. It is my obligation to give the best advice to my client before seeking any other legal alternatives. As attorneys we must acknowledge that we represent a ‘person’ who is a victim of some sort of incident. Whether they are the victim or the accused we are hired because they need our legal help. Once the facts have been established and the case has been processed (disclosure/ evidence obtained), mediation can be the best course of action. The reasons mediation are favourable are: 1. Negative consequences from litigation; 2. Time and legal costs of litigation; and 3. Mediation is a predictable and less confrontational option. Mediation is a method of problem-solving that relies on consent of the parties. For this reason it is more attuned to self-determination than is a trial resulting in a solution imposed by a judge. As a lawyer it is my duty to give the soundest advice possible. Whether this requires a...
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...Avila University Managing Peaceful Change Daily non-confrontational conflict management, a new approach to management By Rayma Vinyard Jacoby Management 629, Summer 2013 Professor Stan Salva August 19, 2013 Rayma Vinyard Jacoby Professor Stan Salva Management 629 August 19, 2013 Managing Peaceful Change Conflict management and leadership transformation are often presented as areas of specialization. Change can be caused by conflict or in itself can create conflict. In leading team development, managers must understand their employees and their team in order to lead them forward through daily conflict resolution. By using non-defensive mediation techniques, a manager can help each team member create a voice, invest them in the process of change, and lead their team to success. Conflict transformation has been used to resolve international issues since the 1970’s. Strategic and powerful, these tactics can poise a manager for corporate success. Systemic conflict analysis and conflict monitoring, with key shareholders, creativity in the imagination of sustainable solutions, strategic planning of systemic interventions, and mobilization of agents of peaceful change are the core elements of conflict transformation. 1 Engaging key shareholders requires understanding the people and team dynamics within the conflict. This gives managers a place to begin. Analyzing and monitoring conflict transformation using non-defensive communication allows the manager to...
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...Assess the importance of diversity management, conflict resolution and EEO legislation, focusing on the importance of productive diversity in the service industry. Diversity is the way in which people differ from each other in regards to; gender, age, language, ethnicity, cultural background, sexual orientation, religious beliefs, family responsibilities, disabilities, life experiences, educational background, work experience, marital status and personality (Study Guide, 2011, pg. 52). Diversity in the workplace can be a great strength for an organisation if managed effectively if management make good use of each individual’s values. In order for diversity to be managed effectively and used to the organisations advantage, people-management strategies need to be put in place in order to allow for these differences and allow for people to grow upon them in the organisations favour. Being open to each individuals differences, allows for new ideas to come to light and to be welcoming of different ways of going about tasks. There can however, be issues that arise such as legal implications in regards to discrimination. Discrimination can occur via both indirect and direct means. This is corrected via legislations against the illegal mistreatment and discrimination of employees. Equal Employment Opportunities (EEO) legislations were introduced in order to free all workplaces of discrimination and harassment. Equality and diversity can be thought of in terms of legal aspects, ethical...
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...how that may affect the business. In the event of an issue the company should be informed about alternative dispute resolutions. The manager should understand the agency relationship and its effect on the company. Social Media Social Media is increasingly becoming the preferred medium for businesses to use as a means to advertise and promote a business. Social Media sites such as Facebook, Twitter, and LinkedIn are some of the most popular social media sites today. Social Media is relatively inexpensive for businesses to use and it reaches millions of people instantaneously. These sites give the consumer a relatively simple means of communicating with the business. Facebook is currently the most popular of the social media sites. Facebook allows a company to setup their own direct page that a customer can like the companies, use links to access websites or promotions. On the companies Facebook page customers have the ability to post comments. Using Facebook as a means for a business to promote and provide access to that particular company comes with a lot of legal responsibility that an astute manager would need to be aware of. There are four major components that a legally astute manager would need to be aware of. The first component that the legally astute manager needs to be concerned with is the companies set of value laden attitude about the importance of law to the company’s success (Bagley p11.). A legally astute manager needs to know and understand what the company...
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...Managing Conflict In Organisation- An Overview Volume 8 Issue 4 Fall 2010 Posted On Tue, Sep 21 2010 16:46:00 Authors: Muyiwa Adeyemi Editor's Rating:0 (0 Ratings) Reader's Rating:0 (0 Ratings) Login to Rate | About Ratings Introduction In any organization, effective administration of the resources available is very important and paramount to the attainment of its objectives. The human aspect of the resources is most important and crucial as it is the one responsible for the co-ordination of other factors and more importantly conflict situation among staff cannot be over-emphasized. It is known fact that no two workers are the same, even twins are only alike. Nwakwo (1987), Craston (2002) and Onanuga and Arikewuyo (2005) describes administration as the careful and systematic arrangements and use of resources (human and material), situation and opportunities for the achievement of specific objectives of a given organization. To this end, it is worthy of note that effective organizational administration is necessary for managing conflict situation in any system, such should be embedded in the day-to-day running of the industry. Conforming to this viewpoint, Peretomode (2001) describes administration as the performance of executive duties, the carryout of policies or decisions to fulfill a purpose, and the controlling of the day-to-day running of an organization. To this extent, among the very important duties of an administrator, is the management of...
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