Issue 2 – January 2013
TOPICS: Cameroon, Mediation, Public Dispute, International Trade Law.
Coordinator:
Christian Chereji and Alexandra Mihali
Content – Sommaire:
ARTICLES in Issue 2 – January 2013:
Cameroon: A Conflict Profile
Awoh Emmanuel LOHKOKO
Abstract:
By using a combination of models fo conflict analysis, I will attempt to draw a comprehensive profile of the dispute between the Cameroon’s Anglophone minority and the country’s Francophone majority. Though it has for long been a low intensity conflict, the situation became tense lately and it could have unforseen developments when Paul Biya, the strongman ruling the country for over 30 years, were to pass away. Based on this analysis, I will try to configure a strategy for a peaceful sttlement of this conflict.
Key words:
Cameroon, Africa, Anglophone community, Francophone Community, Paul Biya, Southern Cameroon National Council, Abazonia.
Measuring the Success of Mediation
Ciprian SANDU
Abstract:
Mediation is now an established and expanding way of dispute resolution in a growing
number of practice fields: family, community, victim–offender, civil and commercial matters, environment and labour, to name but a few. The number of mediations is rising each day and so, the number of people involved in it. One of the central issues in the field of conflict resolution concerns the degree to which we can define a mediated or negotiated outcome as successful. Is this increased number of mediations succesfull? How do we know that the outcome of the mediation process meets the criteria of success? How can we evaluate it? This article will present the author’s point of view about the factors influencing a succesful mediation, concluding with a presentation of what are considered to be the most important qualities of a succesful mediator.
Key words:
Mediation, mediator, active listening, Transylvanian Institute of Mediation, conflict
management, fairness, confidentiality, neutrality, conflict resolution.
Romania. The Uses of Mediation to Solve Public Disputes
Andreea SZENTANNAI
A bstract:
While working on my dissertation to reveal to what extent mediation is suitable as an
alternative dispute resolution method when it comes to community conflicts, the analysis of the conflict chosen as a case study has also shown the necessity of having a mechanism which can facilitate the access to mediation. A newly formed community around a long-existing chicken farm has shaken the grounds of the social relationship between the members of the community, the local administration and the management of the farm. The goal of the present paper is to identify the features of a mechanism which can, in
reality, be implemented so that people and institutions will prefer mediation as a first mean to solve their conflicts, rather than the traditional way of going to court. Sketching such a mechanism will eventually make it possible to imagine a viable approach. The particular case study is somehow specific to a certain reality of the Romanian life, nevertheless some aspects can be found in other countries as well. Therefore the mechanism which will be envisaged in this paper aims to serve, first of all, the specific needs of this nation.
Key words:
Mediation, Public Disputes, Mediators, Floresti Farm, Development, Decision-Making
Processes.
The Activity of the United Nations Comission on International Trade Law in Online Dispute Resolution
Ciprian TANUL, Iuliana ȘTEFĂNUȚ
Abstract:
One may no longer question if ODR will impose as a means of dispute resolution, but
only when and how it will happen. The present study aims to present the evolution of UNCITRAL’s activity in the field of ODR, where significant progress has been made in the last three years (2010-2013). It is based on the content analysis of the reference materials published by UNCITRAL on its website, mainly the reports of Working Group III (Online Dispute Resolution).
Kew words:
Online Dispute Resolution, UNCITRAL, UNCITRAL Working Groups, UNCITRAL Model
Law in E-Commerce, ODR.
