Issue 11 – April 2015
TOPICS: Conflict Development, Conflict Resolution, Mediation, ADR, ODR
Coordinator:
Christian Chereji and Alexandra Mihali
Content – Sommaire:
ARTICLES in Issue 11 – April 2015:
Development Induced Displacement and Arms Conflicts in Bangladesh
Arun Kumar NAYAK
Abstract:
Each year millions of people around the globe are forcefully displaced from their homes,
lands and livelihoods in order to make way for large-scale development projects. It has really been a great challenge for the nations to resettle and rehabilitate them and to mitigate their adverse impacts of involuntary displacements. A number of research studies have been conducted by various scholars with regard to such issues, and among them, Michael M. Cerena in his study has excellently mapped out the adverse impacts of involuntary displacement. His study says that the displaced people face a broad range of ‘impoverishment risks’ and ‘social exclusion’. But his study doesn’t explain the whole range of risks of the involuntarily displaced people. The study on the displaced people of Kaptai Dam, Bangladesh has shown that involuntary displacement not only leads to
certain impoverishment risks and social exclusion, but also, to loss of citizenship, to statelessness and arms conflicts.
Key words:
Kaptai Dam, Development, Displacement, Rehabilitation, Arms Conflicts, Statelessness,
Bangladesh.
Cross-Cultural Conflict Resolution Revisited: A Micro Study
Ronald GARDNER & William BARCELLA
Abstract:
Subsequent to military conflict between two countries, scholars advocate conflict resolution be pursued. This qualitative research measures laypersons’ perceptions of conflict resolution across Western and Arab/Muslim cultures. Querying a sample of citizens from Iraq and the United States, we measure respondents’ receptiveness to conflict resolution in the context of the United States and Iraq relations. We simultaneously qualify which principles and factors they determine acceptable to induce conflict resolution. Research findings demonstrate that respondents across our
samples believe conflict resolution in this instance is necessary. Respondents also predominantly embrace similar principles and factors to advance a resolution process. Our theoretical approach and survey findings challenge contemporary conflict resolution comparative discourse between Arab/Muslim and Western approaches, demonstrating that there is a quantifiable degree of convergence that would enable a process to be pursued.
Key words:
cross-cultural survey, conflict resolution.
The Expectations of the Romanian Mediators. The Preliminary Results of a Survey Analysis
Adrian-Grigore POP & Issoré-Maimounata BOLY
Abstract:
The article presents the preliminary results of the first professional survey done in
Romania, developed by the Romanian Institute for Evaluation and Strategy (IRES), regarding the perceptions and expectations of the Romanian mediators. It provides also an analysis of the electoral behavior of the Romanian mediators in comparison with the results of the electoral process for the Romanian Mediation Council.
Kew words:
mediation, Romanian Mediation Council, survey, Romanian Institute for Evaluation
and Strategy (IRES).
ADR in Sport Disputes: Should Mediation be Used over Arbitration?
Ciprian SANDU
Abstract:
In our days, sport is a big business, with huge sums of money involved. With various
types of emotions and the huge budgets involved, conflict is a daily reality of sports organizations. The present article started from the idea that arbitration – the most commonly used procedure in dealing with sports disputes – does not represent a viable solution any more, and that mediation could succeed where arbitration has failed. The article will present the reasons behind this statement by describing the procedure and the high number of national and international institutions with arbitrational responsibilities. Based on 40 interviews with athletes and staff, and from my own professional and academic experience as mediator, the article presents the main benefits of mediation that can be used in sports disputes.
Kew words:
conflict, sports dispute, mediation, negotiation, arbitration, Court of Arbitration for
Sport.
The transposition of the Directive on alternative dispute resolution for consumer disputes (Directive 2013/11/EU) in Romania – new challenges for mediators and businesses
Ciprian TANUL
Abstract:
The National Authority for Consumer Protection of Romania has recently completed
the public consultation on the draft law on alternative dispute resolution between consumers and professionals. The law is intended to transpose the Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes (Directive on consumer ADR) into the national legal system. The Romanian authorities seem to prefer a centralized approach, completely excluding from the process the private ADR entities that already exist, such as mediators and organizations that provide mediation services. The Financial and administrative burden of the procedure is generally attributed to businesses. The total cost of transposition is still unknown and a number of uncertainties arising from the wording
of the Directive are perpetuated. The purpose of this article is to present some important aspects of the future law, with an emphasis on the main challenges that mediators and businesses will face in the near future if the law is to be adopted as such by the Romanian Parliament.
Kew words:
the transposition of the Directive 2013/11/EU in Romania, public consultation, trader
– professional, goods – products, further education – post-secondary non-tertiary education, goldplating, nationalization of ADR procedures.
