Shia Imami Ismaili Conciliation and Arbitraion Boards (CABs)

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kmaherali
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Post by kmaherali »

Video: The ethical principles of Alternative Dispute Resolution in Islam

What does it mean to live within the ethics of Islam? How does this apply to those in conflict? On the last day of Mediation Week, we explore how the ethics of Islam underpin the work of the CAB system how CAB mediators help to create an ethical culture of mediation.

https://the.ismaili/cab/video-ethical-p ... -173435533
kmaherali
Posts: 25106
Joined: Thu Mar 27, 2003 3:01 pm

Post by kmaherali »

Preventing Disputes During Challenging Times

Differences of opinion and disagreements are an inevitable part of our lives.
During these times of isolation, the incidence is known to increase.


These differences, if not addressed promptly can escalate into major disputes and conflicts.
When one is faced with a conflict, our human instinct kicks into a Fight, Flight or Freeze mode.
Remember every action has a reaction.
The reaction of fight can lead to consequences that one may come to regret later.
Please click here to learn more about the neurosciences that control our emotions and reactions.

https://the.ismaili/uk/preventing-dispu ... ging-times
kmaherali
Posts: 25106
Joined: Thu Mar 27, 2003 3:01 pm

Post by kmaherali »

Webinar: AKSWB - Strengthening Your Relationship During COVID-19: A Guide For Couples

Vdeo:

https://www.youtube.com/watch?v=0eCPVPmJbio
kmaherali
Posts: 25106
Joined: Thu Mar 27, 2003 3:01 pm

Post by kmaherali »

The Conciliation and Arbitration Boards transcend the pandemic

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Mediation Week is commemorated every year during the third week of October, and is an ideal time to reflect upon the impact that mediation and other peaceful dispute resolution processes can have, to bring peace and solace to individuals and families during difficult times.

In early 2020, the Covid-19 pandemic brought court systems and dispute resolution services around the world to a grinding halt. Like many others, providers of mediation and arbitration services were forced to rapidly adjust to new ways of working through online platforms to expand access to their services in a way that was previously unfamiliar to many.

As Mawlana Hazar Imam had previously authorised the use of online technology for international mediations, the Ismaili International Conciliation and Arbitration Board (ICAB) was able to build on the foundations already established, to expand the use of online services. This helped the Jamat during a difficult time to resolve disputes promptly and efficiently within the ethics of our faith. ICAB adapted its flagship, rigorous in-person training course for newly appointed CAB members, as well as its continued professional development training programmes to an online platform. Some initial hesitation and uncertainty quickly dissipated, and the new vehicle proved to be an effective alternative for the members of the Jamat to resolve disputes.

Many people around the world adjusted to the ‘new normal,’ from working from home to educating children while schools were closed. For some members of our Jamat, changes in living arrangements, dealing with the loss of loved ones, and financial insecurities exacerbated stress and increased the potential for conflicts. With ICAB’s online mediation training programme, CAB members were prepared to respond swiftly to help members of the Jamat to resolve disputes in a safe and secure manner, while maintaining the foundation of mediation—confidentiality. Online technology allowed CABs to continue to provide this service without interruption.

The online training incorporated all of the critical principles of mediation, such as voluntariness, neutrality and impartiality of the mediator, and confidentiality, along with the robust component of ethical principles as guided by Hazar Imam. The CAB mediation process encourages individuals to resolve disputes with compassion, empathy, integrity, and dignity, while facilitating healing post-conflict, so parties can look to the future with hope and confidence.

Oftentimes, when parties are in conflict, they are unable to view their dispute from any perspective other than their own. CAB members assist parties to view a dispute not only through their own lens but from the lens of another person, even if they disagree. The ability to share and understand the feelings of another by imagining their situation, commonly referred to as empathy, is a critical element in conflict resolution.

In an address at Harvard University in 2015, Hazar Imam succinctly explained the importance of participating in a true dialogue with patience and a readiness to listen. In quoting the former Governor General of Canada, Adrienne Clarkson, Hazar Imam said, “What is needed… is a readiness ‘to listen to your neighbour, even when you may not particularly like him.’ Is that message clear? You listen to people you don’t like!”

The pandemic has given us many silver linings. Despite our difficulties and hardships, online platforms have helped us to come closer together as one global community. Working together as brothers and sisters and practicing the ethics of our faith; of compassion, empathy, and dignity can allow us to manage our personal relationships with courage. We are a resilient community, and with Hazar Imam’s continued guidance, we can commit to strengthening our resolve to improve the quality of life of our community and society at large.

https://the.ismaili/global/news/institu ... e-pandemic
kmaherali
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Joined: Thu Mar 27, 2003 3:01 pm

Post by kmaherali »

Role of Mediation in resolving Family Disputes

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Disputes within families are not uncommon.

There may be issues within a marriage, sometimes the wider family unit, inheritance issues, financial difficulties amongst others. The Covid-19 pandemic has put extra pressure upon families that has resulted in an increase in differences and conflicts within families.

The Centre for Effective Dispute Resolution (CEDR) defines mediation as a flexible process conducted confidentially in which a neutral person actively assists parties in working towards a negotiated agreement of differences or a dispute, with the parties in ultimate control of the decision to settle and the terms of resolution.

There has been an acknowledgement of the need for amicable settlement of disputes through mediation rather than through the courts. The court system is built on an adversarial premise of winner and loser. Court proceedings are public, and the parties have no control over the outcome – a decision is imposed upon them.

Against this backdrop and the desire of Mawlana Hazar Imam for the Jamat to be able to resolve differences amicably, quickly, fairly,equitably and with utmost confidentiality, the International and National Conciliation and Arbitration Boards (NCABs) were established by Mawlana Hazar Imam in 1986 when the Ismaili Constitution was ordained.

The mediation process is characterised by the notions of impartiality and confidentiality. It is also a voluntary process where the parties come voluntarily to mediation. NCAB has trained mediators who seek to achieve, fair and equitable solutions, that are sustainable. It aims at reconciliation of differences, however if that is not possible then it assists towards an amicable, fair, and equitable separation under the law of the land.

In order to achieve this, the parties are encouraged to be creative in their approach in resolving problems. There are no rules of evidence and any offers or concessions made are without prejudice, meaning that there is a level of flexibility in the process. Perhaps the most important aspect of mediation is that the parties “own” the solution. It is not imposed upon them. When the parties have jointly arrived at a solution, then it is a “win-win” solution. There is no winner or a loser.

During Family Mediation Week, a Campaign organised by The Family Mediation Council (FMC) that takes place annually, let us reflect upon the role of mediation in family disputes.

This is where two (or more) parties meet in a confidential space to help resolve their differences and disputes. A trained mediator will be present to assist in helping parties come to a resolution and settlement. Mediation provides a safe forum to communicate anxieties to the other person. When reconciliation is not possible, then it can help family members settle arrangements for children and any financial and property matters at any stage of separation or divorce including any other family matters. Participants are helped to reach well-informed decisions, without pressure from each other or from the mediator. When a full and final settlement is needed in divorce proceedings, the terms worked out in mediation can be used as the basis for a consent order.

The following are some of the benefits of resolving family (and other) disputes through mediation: -

- Less stressful than going through the courts and is cost effective
- Quicker than litigation
- Helps parties to come to agreements over parenting, property, and finances
- Allows parties have more control of their family’s future, and assists in focussing on the interests of children
- If circumstances change then the agreements made can be revisited through further mediation
- Most importantly NCAB encourages mediation within our ethics of harmony, integrity, dignity, equity, collaboration and fair dialogue, and in a spirit of reasonable compromise.

For further information on the work of NCAB, please contact Chairman Yasmin Dhanji or any NCAB Board Member or ncab@iiuk.org(link sends e-mail)

For further information on Family Mediation Week (17 – 21 January) and the Family Mediation Council, please visit www.familymediationweek.org.uk and www.familymediationcouncil.org.uk.

https://the.ismaili/uk/institutions/nat ... tion-and-0
kmaherali
Posts: 25106
Joined: Thu Mar 27, 2003 3:01 pm

Post by kmaherali »

kmaherali
Posts: 25106
Joined: Thu Mar 27, 2003 3:01 pm

Guidelines for Ethical Wealth Transfer and Inheritance Planning

Post by kmaherali »

Video:

https://www.youtube.com/watch?v=dfZD8PiXGD0&t=25s

The Ismaili International Conciliation and Arbitration Board, in collaboration with the IIS, and at the direction of Mawlana Hazar Imam, has produced Guidelines for Ethical Wealth Transfer and Inheritance Planning to assist Ismailis to engage in ethical wealth transfer and inheritance planning.

The Guidelines are based on ethical principles which reflect the values of our Tariqah, particularly, natural justice and equity, and they are intended as a general aid for reflection to assist Ismailis to achieve equitable outcomes.

As Mawlana Hazar Imam said in his Irshad Mubarak in Shugnan, Tajikistan on 25 September 1998, “Wealth and power are not objectives in themselves, but are to be used in the service of others.”

The Guidelines are based on ethical principles which reflect the values of our Tariqah, particularly, natural justice and equity. The term “natural justice and equity” emphasizes values of fairness, equity, empathy, kindness, and generosity, and reinforces the responsibility of murids to provide equitably and adequately for their immediate family and for those who might have a reasonable moral expectation to be cared for, especially the weak and the vulnerable.

The Guidelines are intended as a general aid for reflection to assist the Ismaili murid to achieve equitable outcomes. This cannot be accomplished through a ‘one size fits all’ formulation but through the murid seeking to internalize ethical principles and to apply them to his or her particular circumstances.

Please find below the official announcement from ICAB along with the Guidelines.

Announcement from ICAB https://the.ismaili/sites/default/files ... cement.pdf

Guidelines for Ethical Wealth Transfer and Inheritance Planning https://the.ismaili/sites/default/files ... tip_en.pdf

https://the.ismaili/cab/guidelines-ethi ... -173435533
kmaherali
Posts: 25106
Joined: Thu Mar 27, 2003 3:01 pm

VIDEO: Stuck in conflict?

Post by kmaherali »

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Conflicts are inevitable, but how you deal with or resolve a dispute is your choice. Don't stay stuck in conflict. Call trained CAB mediators today at 1-855-872-2263.

Video:

https://www.youtube.com/watch?v=eQc6MgXafwc
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