East Africa International Arbitration Conference 2019
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Patience and Humility – The Cornerstones of a Joyful and Fulfilling Marriage
In the first and second of the three-part series of this weekly post, I drew your attention to commitment and healthful communication as key pillars of a joyful and fulfilling marriage. This week, I focus on the qualities of humility and patience, both of which comprise the cornerstones of an enduring family relationship. A
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Communication – The Recipe for a Joyful and Enduring Marriage
“A great relationship doesn’t happen because of the love you had in the beginning, but how well you continue building love until the end” (Anonymous) According to Paul R. Giblin, building a successful marriage is a lifelong challenge. Understanding the dynamics of a marital relationship, the different stages of marriage, and the phases a
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Weathering the Storms – How to Find Joy in an Enduring Marriage
“A great marriage is not when the perfect couple comes together. It is when an imperfect couple learns to enjoy their differences” (William Shatner) Experience has shown that the success of a marriage depends on the couple’s unreserved commitment to do everything within their means to make it work. The integrity of the foundation
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Mediation Practice and Procedure – The Role of Legal Counsel
Mediation is assisted negotiation. It is a consensual process whereby parties in dispute appoint a third-party neutral (who has no interest or stake in the subject matter of the dispute) to facilitate resolution of their dispute on mutually agreed terms. Mediation, which is also commonly referred to as conciliation, is a dynamic, structured, interactive process in which a neutral third party assists disputing parties in resolving a dispute through the use of specialized communication and negotiation techniques. The process is voluntary, confidential, and the mediator/conciliator does not render a decision but helps the disputants to generate a mutually acceptable outcome.
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The Role of Legal Counsel in Mediation
Professional mediators and accredited alternative dispute resolution (ADR) practitioners often make the mistake of assuming that the word “mediation” is understandable by consumers of ADR. Yet it is not. Neither do a majority of prospective clients appreciate what mediation entails. What mediation is features as one of the most frequently asked questions that I am
Confidentiality – A Fundamental Feature of ADR
My appearance in court soon after admission many many years ago was punctuated by a mixture of disbelief, utter shock and amusement, not to mention the barrage of questions that ran through my mind as to how long I would be part of the occasional comedy that saw couples wash and air their dirty linen
Build and Strengthen Family and Business Relationships
This ten-minute presentation answers the ten questions everyone must ask. It gives the answers as to why and how to strengthen your family bonds and business relationships. It tells you how conflict management and dispute resolution can work for you. The questions are: What is alternative dispute resolution (ADR)? 2. Alternative to what? 3. How
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Five Mistakes Entrepreneurs Make and How to Avoid Them
When most people, including corporations, invest capital in a business venture, their focus is almost invariably on the prospect of profitable returns, returns and returns. Hardly will you ever hear investors mention goodwill and healthy business relationships in their priority list. Yet these are the most valuable assets in any business undertaking. Loss of goodwill
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Enlarging the Scope of ADR In the Criminal Justice System
The maintenance of social order and the existence of communal life depend on the extent to which we are able to effectively satisfy our competing needs and interests. Our capacity to manage conflicting needs and interests is dictated by our dispute resolution strategies, some of which have yielded fruit while others have been less effective.
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Stop Slaying the Goose
Whenever I reflect on my over one decade of practice as a litigation lawyer between the years 1988 and 2000, I regret the disturbing thought that I should have entered the arena of ADR sooner than later. But 2000 was a transformative year in my professional life, thanks to my friend and now Judge of
The Ideal Mechanism for Dispute Resolution
The primary goal of an ideal civil and criminal justice system is the effective management of conflicts and just resolution of disputes through a fair but swift process at a reasonable expense in time and money. It recognizes the fact that delay and excessive expense invariably negates the value of an otherwise just resolution. Similarly,
The Day She Walked Away
For how long would you stand an abusive relationship? I do not know. I often sit and listen to sad stories of battered spouses holding onto an abusive marriage for either public opinion or for the sake of their children and wonder what went wrong and what makes it so difficult to talk matters over
The Day We Ran to Save Life and Limb
A great relationship doesn’t happen because of the love you had in the beginning, but how well you continue building love until the end (Anonymous) For reasons I do not know, Saidi and Saida (not their real names) were embroiled in a bitter marital dispute in which she sought maintenance of herself and their