Conflict is an inevitable part of human interaction and can arise in any relationship, be it personal or professional. It can cause tension, stress, and frustration and, if not resolved effectively, can result in long-term harm to the relationship. This is why it is important to approach conflict resolution with a combination of mindfulness and empathy.
Collaborations in business provide an opportunity to share resources, exchange skills and learning. The opportunity provides someone outside of your immediate circle to provide valuable insight and innovate.
Gone are the days where collaborations took place over an office table, with the advancement of technology and remote workforces, people are working and collaborating with each other from different geographical locations.
In recent weeks World Cup events have been dominating the sports channels, with fans across the world flying their country flags in support and pride of their teams at the opportunity to win the trophy World Cup.
This year the sport has been played in beautiful Qatar, which has a rich history of architecture and hospitality in the region. However, despite the luscious and luxurious surrounding the players and fans, there have been many concerns and issues between the players, fans, the sponsors, with the hosts. Issues have arisen such as the banning of alcohol being served in the stadiums to access to accommodation, LGBT rights and controversy over construction workers conditions and rights.
Language plays an important role in shaping the way conflicts unfold and resolve. It is the key to the hearts of people.
Language can be provided in several forms of verbal, non-verbal and written. Humans use language as the vehicle of communication to enable engagement for many reasons and purposes. The language used is influenced by culture and values, it plays a role and function of communication as one of the means of non-violent methods of conflict resolution.
In recent years the workplace has seen a shift in expectations and culture due to Covid 19 pandemic changes and economic impacts leading to a shift to an increase in hybrid and remote working.
The conversations around the water cooler or in person meetings and going out for lunch with colleagues within the department or building have been replaced with conference calls over zoom, private data rooms and virtual hangouts.
The Mediation procedure is being considered in the UK to become an integral part of the civil justice system.
On 26 July 2022, The Ministry of Justice (MoJ) launched a public consultation on Increasing the use of mediation in the civil justice system. The consultation was driven by the responses to the MOJ’s Call for Evidence on Dispute Resolution, which highlighted the need for mediation in solving disputes, as it is often more cost effective, faster and more flexible than litigation.
We are all aware of the current economic challenges due to the ongoing conflict in Ukraine, the increase in inflation (a 40 year high in the UK 10.1%, predicted to rise to 18% in January 2023), the strain on energy resources leading to increases in prices and risk of power cuts across Europe, including Switzerland, where there is debate at the federal and cantonal level to prepare for energy shortages this winter in the extreme situation of power failure.
The State of Mediation Today
Since 2003 CEDR’s Mediation Audit has tracked the growth and success of the commercial mediation profession, the 2021 report provided insight into how the profession stepped up to the challenges of social distancing through the use of online dispute resolution and the continuing challenges to raise standards and increase the use of mediation in society.
There is no doubt without the use of electronic communication through emails the ability to operate hybrid working between the home and office millions of businesses around the world would not be able to operate. This was highlighted during the Pandemic lockdowns; it would have been next to impossible to operate and manage business without the use of email as a mode of communication. Whether you are checking emails on your desktop, mobile, tablet or on several devices at the same time, there is little escape from the written word through electronic communication.
The Singapore Convention is an international treaty to assist commercial parties with cross border commercial disputes. The United Nations treaty aims to settle differences through mediation rather than through Court Litigation sanctions or other economically damaging manoeuves. The goal is to resolve commercial disputes in an amicable manner which, in the end, is beneficial to all parties involved. The treaty does not impact States who are not signatories to the treaty.