The Potential of ADR - Jammeh

President Yahya Jammeh shares his view on the potentials of ADR.
I reproduce below, parts of the text for those who may have difficulty accessing the link.
Happy reading, and I hope you would not be distracted by title(s) of the President.
SMK.


Banjul — The Gambian leader, His Excellency Sheikh Professor Alhaji Dr Yahya AJJ Jammeh, has said that Alternative Dispute Resolution (ADR) has the potential of promoting accord and peace among people living together as neighbours; thus forester national peace.


These remarks of the president were contained in a statement read on his behalf by the Attorney General and Minister of Justice, Aja Marie Saine-Firdaus yesterday during the opening ceremony of the two-day ADR conference in Paradise Suits Hotel. The purpose of the conference is to sensitise stakeholders and the general public about the potential benefits ADR possesses in solving disputes.

According to President Jammeh, apart from having considerable support from his administration, the phenomenon of ADR is very much in tune with our traditional justice delivery system which have been in existence well before the coming of colonisation in this country and has been used successfully to settle disputes in our respective communities. ?Experience has shown that our formal justice delivery system has left much to be desired in justice delivery in The Gambia. Court proceedings are slow, time consuming and costly due to inordinate delays in the proceedings and processes,? he said.


He added that having possed all the key essential ingredients that underpinned access to justice, the ADR mechanism will provide a useful alternative to more formal justice delivery system which is plagued with backlog of cases dragging on for a long time. ?This will in turn contribute meaningfully to reducing backlog of cases and turn around time for judgement in the conventional courts. The facilities provided through the ADR are comparatively cheaper than filing a civil suit in court. The ADR structure is not as rigid as those implemented by the courts and the terminology used is easily understood by all parties involved. Therefore, it is believed that ADR will find favour with the majority of people living in the provinces,? he said.


President Jammeh then highlighted the importance his government attaches towards nurturing the mechanisms of the ADR, noting that its means of conflict resolution should be encouraged and constantly nurtured so that capacities of those dealing with conflict resolution would be broadened and in turn benefit parties involved. He then welcomed all hands on deck to make the facilities of the ADR accessible to all.

Interest-Based Negotiation (IBN)

Negotiation is very much like Mediation. Except that in the case of Negotiation it is not necessarily occasioned by a dispute. Often times it can be handled by the parties involved unless it requires some form of specialty in negotiation or in the subject matter.

Therefore everyone negotiates.The difference is the method/tools Mediators and Negotiators have access to in their mediator/negotiator toolbox.

The thrust of IBN is that positions will have to be framed into interests. This appears to be the lifeline of every negotiation where parties tend to collaborate with one another and explore more possibilities on handling the issue(s). Compared to a situation where either of the parties state a 'position', usually one 'strong stand' which tend to get the parties involved in confrontation with each defending his/her/their 'stand' thereby closing the door to exploring other options (other possibilities).

According to Roger Fisher of Harvard's Programme on Negotiation every negotiation has seven distinguishable elements that are interconnected. They are:  
1. Interests
2. Alternatives
3. Relationship
4. Options
5. Legitimacy/Standards
6. Communication
7. Commitment

In due course we should be able to discuss each of these elements in some detail.

Saeed Musah-Khaleepha
+233(0)208121764
rafani@email.com / raafani@gmail.com

KEEPING A CIVIL TONGUE

Keeping a civil tongue in our heads has the potential of preventing the occurrence of a difference. A potent means for preventing individual and group disputes.
To keep a civil tongue, one may have to make a conscious effort (aimed) at it. This may involve an effective use of language in a way that best explains one's intentions in a less offensive manner.
Often times it is not just the occasional Freudian slip that land us into trouble but finding the best combination of words that best communicates our intentions.
There is therefore a delicate balance between intentions and expressions.
This should be an everyday approach that will give you the confidence to say "I Mediate" my way.
Another Preventive Mediation approach for individuals and groups.

Saeed Musah-Khaleepha
+233(0)208121764
raafani@gmail.com/rafani@email.com

Recognising Mandela's Peace Efforts...

The United Nations has declared July 18 every year beginning 2010 as 'Nelson Mandela International Day'. This is in recognition of the former South African President's contribution to Peace and anti apartheid.
Mandela 91, is alive and still contributes to worthy efforts globally.
It may be recalled that the African Union (AU) declared his birthday for annual continent-wide commemoration/celebration earlier this year.
Please read here http://www.telegraph.co.uk/news/worldnews/africaandindianocean/southafrica/6541713/UN-declares-July-18-Nelson-Mandela-Day.html

May we live to make worthy contributions to humanity.

Saeed Musah-Khaleepha.

Case Study on Arbitration Fee?

Interesting case study especially for Arbitrators. Far from commenting on the substance of the story, rendering a service in Mediation or Arbitration for a fee seem to be a vexed issue in our part of the world. To access this please click on the title/heading of this post or copy the link below and paste in the search bar/address tool bar.

http://elections.peacefmonline.com/politics/200910/28954.php

No doubt practitioners would have to let their presence felt.
SMK