Shia Imami Ismaili Conciliation and Arbitraion Boards (CABs)

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kmaherali
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Related thread:

CAB's legitimacy questionned in Kenya

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kmaherali
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“Mediation has to enter its next phase of Development” – International Cross Cultural specialist Dr. Mohamed Keshavjee tells the UN

Addressing an audience of some 300 people made up of leading judges, constitutional lawyers, medical practitioners, international diplomats and prominent business people, Dr Mohamed Keshavjee, well known specialist on cross cultural mediation said that “mediation now has to enter its next phase of global development if it is to fulfill its basic promise”. He was speaking at Kuala Lumpur’s prestigious Lake Club on 2nd October to celebrate the 2017 Annual Gandhi Memorial Trust lecture as the keynote speaker to mark Malaysia’s observance of the UN International Day of Non-Violence which was opened by Stefan Priesner, United Nations Resident Coordinator and UNDP representative for Malaysia, Singapore and Brunei.

Referring to the Sustainable Development Goals, which is a comprehensive roadmap that brings the social, environmental and economic dimensions together towards ensuring an improvement in the quality of life for those furthest behind, Priesner highlighted 3 main underpinnings: Peaceful and inclusive societies; protection of harmony and cultural diversity and the link between non- violence and the environment.

“Gandhi,” he said “reminded us that the Earth provides enough to satisfy everyone’s need but not everyone’s greed”

Keshavjee highlighted to the audience the reasons why mediation has gained traction in the world. Courts are clogged globally, litigation is becoming progressively expensive and the “adversarial system”, he emphasized, “has to a large extent failed the human family”. He cited numerous examples where mediation today was the preferred option and these ranged from family issues and neighborhood disputes to cases of professional negligence, mass torts such as breast implant cases and environmental degradation, to Truth and Reconciliation Commissions. In international conflict, he stressed, “mediation has the greatest chance of reaching a lasting solution”.
Mohamed Keshavjee (in yellow shirt) flanked by The Thai Ambassador to his right and the UN Resident Coordinator Stefan Preisner to his left. To Preisner's left is Mrs Preisner and to her left is the Indian High Commissioner to Malaysia H.E. T.S Tirumurti and Mrs Tirumurti. Photo credit: Parvaiz Machiwala
Mohamed Keshavjee (in yellow shirt) flanked by The Thai Ambassador to his right and the UN Resident Coordinator Stefan Preisner to his left. To Preisner’s left is Mrs Preisner and to her left is the Indian High Commissioner to Malaysia H.E. T.S Tirumurti and Mrs Tirumurti. Photo credit: Parvaiz Machiwala

He focused on 4 leading figures of the 20th century whose conflict interactions could inform the next phase of development which is Transformative Mediation. These are Mahatma Gandhi, The Reverend Martin Luther King Jnr, Nelson Mandela and Dr Daisaku Ikeda, the Japanese scholar of non violence. Keshavjee explained that conflict leads to negative feelings such as alienation, mutual demonization, self absorption and a general feeling of pain and anguished-feelings that affect all protagonists. Transformative Mediation helps people to change the paradigm from demonization to recognition, from hate to love and from self absorption and grievance rhetoric to enablement and new hope. “These moral icons ensured that their social activism was informed by deep philosophical reflection and through their conflict relationships were able to transform millions of lives throughout the world”. Keshavjee cited satyagraha or truth- force which Gandhi developed and used in his struggle against racial discrimination in South Africa, Ubuntu a humanizing attribute which is so deeply ingrained in the African culture and which inspired Nelson Mandela to promote the healing process to take place after the end of apartheid, the agape concept which Martin Luther King Jnr. followed to champion the civil rights movement in the USA and the work of the Japanese pacifist Daisaku Ikeda which is followed by the Soka Gakai movement he founded and which has spread to over 192 countries today.

Referring to the present so called “post truth” society fuelled by exponential technology and the social media, Keshavjee stressed the need to recapture the narrative, which he said has to be based on ethical thinking and moral reasoning. “We may not have too much time as Mother Nature, Globalization and Technology are proceeding at an exponential rate, far outstripping the human capacity to grapple with the implications of this rapid change”. The need of the day is greater respect for pluralism and the harnessing of talent of all to bring about a greater understanding between people. While in Malaysia, Keshavjee will address the University of Malaya in Kuala Lumpur on “Cosmopolitan Ethics” on Friday 4th October and the Penang Institute, a leading think thank on Monday 9th October in Penang as guest of Malaysia’s former UNDP resident representative Dato Anwar Fazal, recipient of the Right Livelihood Award (known popularly as the “Alternative Nobel Prize”) and Chairperson of a nonprofit entity called “Think City a community- centered platform for advancing the UNESCO World Heritage site in Penang which has worked in close collaboration with the Aga Khan Trust for Culture.
“Mediation has to enter its next phase of Development” - International Cross Cultural specialist Dr. Mohamed Keshavjee tells the UN
L to R Sree Harry Nadarajah, Chairman of the Gandhi Memorial Trust of Malaysia, Mohamed Keshavjee, Dato Anwar Fazal, UN Resident Coordinator Stefan Preisner and S Radhakrishnan Trustee and Chairman of the function. Photo credit: Parvaiz Machiwala

Dr Keshavjee, recipient of the 2016 Gandhi, King, Ikeda Peace Award, is also a trustee of the Darwin International Institute for the Study of Compassion(DIISC), an organization committed to producing the future Darwin scholars of Compassion. The DIISC has partnered with some 16 academic institutions in the UK USA and Canada and is now developing new partnerships with universities in Bangladesh, Malaysia, Pakistan, India and Central Asia with a hub in Asia to explore new ways of embracing the concept of compassion in the teaching of various disciplines through a multidisciplinary approach. The family of Charles Darwin the great evolutionary biologist who worked at the University of Shropshire have lent their support to this global endeavor with his great, great, granddaughter, the well known poet Ruth Padel, acting as patron of the Board Of Trustees.

“ Alternative Dispute Resolution” Keshavjee said “ to give more than a litigated settlement, has to provide the means to be a transformative experience and for this, we need to draw from a number of sources , not least of which are the principles of our respective faiths. They provide the moral compass for healing to take place”

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From Conflict to Peace, One Mediation at a Time

“We are here today to recognize the great work of the Ismaili Muslims’ Conciliation and Arbitration Board. The arbitration and mediation program you have developed is remarkable, and many good things have come about as a result of your ability to resolve disputes in your community.”

From remarks by Hon. Carol Hunstein, Chief Justice of the Supreme Court of Georgia, at the National Conciliation and Arbitration Board luncheon, Atlanta, May 4, 2012

In 1986, Mawlana Hazar Imam established the Aga Khan Conciliation and Arbitration Board for the United States of America (CAB USA) to provide pro bono community-based mediations to members of the Ismaili community. In the ensuing decades, CAB USA has mediated hundreds of matrimonial, familial, and commercial matters. In so doing, it continues the Islamic traditions of consultation and collaboration that are not historically at the forefront of Western dispute resolution.

Mediation in the Islamic context views each dispute from a longer-term perspective. In addition to attaining a resolution for the immediate conflict at hand, CAB USA mediators recognize the benefits of resolving disputes peacefully; of fostering relational, familial, and community harmony; and of restorative healing. These principles, when put into action, enable impacted individuals to come to terms with the emotional trauma and resentment that is inevitably created by a dispute, and to return to constructive, healthy lives post-mediation.

Today, in its fourth decade, CAB USA flourishes. It assists not only members of the Ismaili community but reaches beyond, and engages in shared learnings with the larger legal and Alternate Dispute Resolution (ADR) communities in the United States.

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Peaceful resolution of conflicts and the celebration of Mediation Week

In recent years, the approach to conflict resolution has shifted from a traditional “facilitative” approach to a more “transformative” approach, which focuses on empowering disputants to interact with one another by better understanding and recognising each other’s needs and interests.

Mediation Week is recognised in countries around the world every October to highlight the value of Alternative Dispute Resolution (ADR) as a constructive and cost-effective alternative to litigation. To mark the occasion, the Aga Khan International Conciliation and Arbitration Board (ICAB) have prepared a series of articles to share their insights. On day one, we look at the ethical underpinnings and best practice in the field of mediation and dispute resolution.

It is often said that the journey is more important than the destination. The same applies to resolving conflicts. Yes, having a successful resolution to a dispute is the goal, but the journey of understanding another person’s perspective with empathy, and when necessary, offering forgiveness, is also important because the journey allows people to understand the “what, why, and how” of the issue and thus strengthen the foundation of a more peaceful relationship moving forward.

Conflicts are generally resolved through various alternative dispute resolution (ADR) processes. These include negotiation, mediation, conciliation, and arbitration. While there are differences between each type of ADR process, the shared principles that make each process an effective alternative to litigation include voluntariness, confidentiality, non-judgment, and the neutrality and impartiality of the mediator/arbitrator. The mediation process followed by the Aga Khan Conciliation and Arbitration Boards within the Ismaili community is also underpinned by the ethical principles of Islam, which are referenced in the Qur’an, the traditions of Prophet Mohammed (peace be upon him and his family) and the sayings of Hazrat Ali. These ethical principles include brotherhood, compassion, equity, justice, forgiveness, and kindness.

“If two parties of the believers fight, put things right between them; then, if one of them does wrong against the other, fight the insolent one till it reverts to Allah’s commandment. If it reverts, set things right between them equitably, and be just. Surely, Allah loves the just. The believers are indeed brothers: so set things right between your two brothers, and fear Allah; haply so you will find mercy.” [Qur’an, Sura 49, Ayat 9]

Furthermore, the Qu’ran encourages disputes to be resolved within the community:

“If you fear a breach between them two (husband and wife), appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, Allah will cause their conciliation: For Allah has full knowledge, and is acquainted with all things.” [Qur’an, Sura 35, Ayat 4]

The peaceful resolution of disputes within the community is of utmost importance, as recalled in the following saying of Hazrat Ali:

“Do not separate yourself from your brother unless you have exhausted every approach in trying to put things right with him... Do not be harsh with your brother out of suspicion, and do not separate from him without first having tried to reason with him... Seek reconciliation with your brother, even if he throws dust at you.

Today, more research is being done to find ways to better resolve conflicts in a peaceful manner. For example, in recent years, the approach to conflict resolution has shifted from a traditional “facilitative” approach to a more “transformative” approach, which focuses on empowering disputants to interact with one another by better understanding and recognising each other’s needs and interests. This helps foster and promote a stronger and more peaceful relationship post-dispute.

Many organisations around the world are also making a commitment to promote peaceful conflict resolution through dialogue and understanding by raising awareness of mediation, and encouraging the use of ADR systems as a way to resolve disputes in an amicable manner. It is during this time that many organisations gather to share knowledge and best practice in the field of mediation and dispute resolution.

As we continue to recognise Mediation Week, ICAB have prepared a series of articles to share their insights on the following subjects:

The art of listening: Can you hear me now?
Becoming conscious of your unconscious bias
Revenge or Restore - Effective conflict resolution.
The power of apology and forgiveness in conflict resolution.
Teaching children the skills to resolve conflicts.
For more information on the Conciliation and Arbitration Boards, please visit the.ismaili/CAB.

Shan Momin is the Executive Officer for the Aga Khan International Conciliation and Arbitration Board and a Certified Mediation Trainer. He is also a trained lawyer with experience representing clients in private practice and has served as legal counsel for the largest government agency in the state of Georgia (USA).

https://the.ismaili/our-stories/peacefu ... ation-week
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NCAB UK Celebrates Conflict Resolution Day

The National Conciliation and Arbitration Board for the United Kingdom invites the Jamat to celebrate Conflict Resolution Day 2018 by attending an evening discussion on the "Tradition of Mediation in Islam".

Conflict Resolution Day will be celebrated on Thursday, October 18, 2018. This day was conceived by the Association for Conflict Resolution in 2005 and is celebrated globally in October every year. The day promotes awareness of mediation, conciliation, arbitration and other peaceful means of resolving conflict.

To celebrate Conflict Resolution Day this year, the National Conciliation and Arbitration Board for the United Kingdom is pleased to host an evening discussion on the "Tradition of Mediation in Islam: Achieving fair and equitable resolutions". The discussions will explore the historical context to mediation and conciliation within Islam and how it has evolved over centuries since the revelation of the Holy Quran to the present day Conciliation and Arbitration Boards.

The event will include presentations by the following speakers:

Dr. Omar Ali-de-Unzaga, Deputy Head of Department of Academic Research and Publications, The Institute of Ismaili Studies
Dr. Nuha Al-Sha'ar, Senior Research Associate, The Institute of Ismaili Studies
Mr. Mahmood Ahmed, Chairman, Aga Khan Foundation UK National Committee
Ms. Shainool Kassam, Member, Aga Khan International Conciliation and Arbitration Board
Dr. Yasmin Dhanji, Chairman, Aga Khan National Conciliation and Arbitration Board for the UK
An interactive panel discussion will follow.

The event will be held as follows:

Venue: Social Hall, Ismaili Centre London
Date: Thursday, October 18, 2018
Time: 7:45 PM to 8:15 PM
To register, please email ncab@iiuk.org (link sends e-mail).

https://the.ismaili/ncab-uk-conflict-re ... rce=Direct
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The art of listening: Can you hear me now?

By allowing people to tell their story and listening to them properly, we validate them and their life experiences.

How many times have you looked at a family member or a colleague, and wondered whether they are really listening or have really understood what you just said? On day two of Mediation Week, we learn about listening to acknowledge and better understand one another.

Now can you remember the last time you had a conversation where you listened to the other person and managed to capture the essence of their experience? Imagine how that person felt when you listened to them and understood their words. It is a fundamental human need to be heard, and by listening to and understanding someone, whether in mediation or in day-to-day interactions, we are more likely to have thriving, authentic, and empathetic relationships. Sadly, the art of listening, a skill which is paramount in communicating effectively, is sometimes poorly understood in today’s society, largely because of external distractions. The advent of social media and smartphones further exacerbates the problem.

In the last few decades, social scientists have coined the phrase “active listening” as a means by which to improve our communications. Active listening is defined as not only listening to the words but understanding the message being conveyed behind the words. This includes focusing on hidden signals and emotions being conveyed by the speaker using both verbal and non-verbal communication. Verbal communication is when messages or information are communicated through words. On the other hand, non-verbal communication is a mode of expression that does not rely on words. Examples include body language, facial expressions, vocal tone, and eye contact.

There are various levels of listening, as well as various techniques to improve listening skills. These skills can be learned, and if applied correctly, can have a tremendous impact on one’s quality of life.

There are many concepts of listening within the field of mediation, from active listening, to what is now called reflective listening, and to empathic, appreciative or dialogic listening. In essence, the goal is the same – being able to truly listen to and understand someone. Richard Salem has described empathic listening as “a way of listening and responding to another person that improves mutual understanding and trust.” We can use techniques such as reflecting, paraphrasing, summarising and acknowledging, as well as labeling emotions, all in an effort to listen to and better understand our friends, colleagues, and family members. This helps to foster trust and to build rapport in any relationship.

Your life story shapes your reality and experience. When it comes to conflicts, a person’s story tends to influence why the conflict has occurred in the first place. It also influences their approach to resolution and how, and to what extent, they “show up” at the mediation table and, in a broader sense, how they “show up” in the world. Being given the opportunity to share their story at the mediation table enables people to listen to themselves for the first time, to understand themselves in relation to their own experience, and to be heard.

By allowing people to tell their story and listening to them properly, we validate them and their life experiences. We acknowledge them as people. We acknowledge their pain and their experience as real. Sometimes, this itself is enough. Though we may look for a “solution” and be focused on this, mediation is not just about finding a solution, it is also about understanding the problem. Many times, problems fall away after they have been expressed, heard, and acknowledged.

There are a few things we can do on a daily basis to improve the way we listen and allow others to be heard:

Face the speaker
Maintain eye contact
Be attentive but relaxed
Suspend judgment
Be patient
Reflect, paraphrase, and summarise
Ask appropriate questions, ideally open-ended and clarifying questions
Identify feelings
Be aware of verbal and non-verbal cues
Avoid unsolicited advice and solutions
Be empathetic
Listening truly is an art and if we all put more effort into listening and understanding in our daily lives, we are more likely to have thriving, authentic, and empathetic relationships.

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Jenna Bata is a Certified Mediation Trainer for the Aga Khan International Conciliation and Arbitration Board. She has a background in law, business and legal practice, has extensive commercial experience in the Middle East, and specialises in cross-border/cross-culture dispute resolution.

Ashraf Ramji is a Certified Mediation Trainer for the Aga Khan International Conciliation and Arbitration Board. He is a trained lawyer with over 25 years of experience representing clients in private practice. He is also a former Chairman for the National Conciliation and Arbitration Board for the United States of America and is the recipient of the Association for Conflict Resolution’s Lifetime Achievement Award in the field of mediation and training.

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Becoming conscious of your unconscious bias

Do you ever wonder why we think it’s important to make a good first impression? Or why we are drawn to like-minded people? The answer lies in the role of unconscious bias and how quickly we make judgments about each other. On day three of Mediation Week, we find out how to recognise and counter hidden biases.

Howard Ross, author of Everyday Bias: Identifying and Navigating Unconscious Judgment in Our Daily Lives, defines unconscious bias as “mental associations without awareness, intention, or control.” Our unconscious biases can, and regularly do, conflict with our conscious opinions. Ross adds that “These (unconscious biases) often conflict with our conscious attitudes, behaviors, and intentions.”

On the other hand, conscious bias or prejudice refers to attitudes and beliefs that we have of people or groups of people, at a more aware, conscious level.

So while prejudice is largely under a person’s conscious control, unconscious, or hidden bias is not. We are not aware of our own hidden bias. Mahzarin Banaji and Anthony Greenwald, authors of Blindspot: Hidden Biases of Good People, tell us that hidden biases are lightening-quick decisions drawn from one’s assumptions and experiences that may also be based on misguided generalisations. Therefore, it is essential to understand that while unconscious bias is hidden, it nevertheless exists and may go against what you believe consciously.

How then, do we address the matter of hidden bias? The first step is to accept that we all have unconscious bias. As with any change in behaviour, self-awareness and acceptance is critical. You can be aware of your own biases by simply paying very close attention to the feelings that come up for you in relation to people that you interact with. Change can only come from a place of awareness, so it is important that you are honest with yourself. This takes courage. The motivation can come from knowing that sometimes you may have a positive impact on another person’s life. The more self-aware you are about the types of hidden biases you may hold, the more you will begin to overcome them.

Once we have identified our biases, we must be willing to confront these patterns in our interpersonal relations. This is where emotional intelligence can help. “Emotional intelligence” is a term coined by researchers Peter Salovey and John Mayer, popularised by Dan Goleman, and refers to the ability to recognise, understand, and manage our own emotions as well as those of others.

One best practice that uses emotional intelligence comes from Cook Ross, a firm specialising in helping organisations address unconscious bias. They suggest taking a P-A-U-S-E to check one’s reaction as follows:

Pay attention to what is happening beneath the surface.
Acknowledge your own reactions, interpretations, and judgments.
Understand the other possible reactions, interpretations, and judgments.
Search for the most empowering, productive way forward.
Execute on the plan.
Taking a break during a conflict to examine things from another perspective can salvage the situation.

Bill Ury, co-author of Getting to Yes: Negotiating Agreement Without Giving In, refers to the mental activity of “going to the balcony.” This is taking time to step away, either by going for a walk or anything that provides you with the time and space to mentally remove yourself from the conflict and then imagine looking down from a balcony at what’s happening in the dispute. From the balcony, you see different perspectives and alternatives. You can see the other’s point of view, can more easily put yourself in their shoes, and can empathise. The capacity for empathy is a powerful skill that can help us all deal with bias — whether we are building a bridge for reconciliation, resolving a dispute, or creating a foundation for a renewed relationship.

Today we live in an extremely diverse world; a world that consists of different cultures, religious beliefs, ethnicities, and thought. In explaining his thoughts on tolerance and pluralism during his Samuel L. and Elizabeth Jodidi Lecture at Harvard University in 2015, Mawlana Hazar Imam spoke of the notion of a “cosmopolitan ethic” and “cosmopolitan society.”

“A pluralist, cosmopolitan society is a society which not only accepts difference, but actively seeks to understand it and to learn from it. In this perspective, diversity is not a burden to be endured, but an opportunity to be welcomed,” Hazar Imam said. He added that a “cosmopolitan society regards the distinctive threads of our particular identities as elements that bring beauty to the larger social fabric. A cosmopolitan ethic accepts our ultimate moral responsibility to the whole of humanity, rather than absolutising a presumably exceptional part.”

Let us continue to use our diversity as strength and live the beauty of pluralism by better understanding ourselves and each other.

To explore your own hidden bias, try the Implicit Association Test by the authors of Blindspot, at https://implicit.harvard.edu/implicit/.

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Sheila Aly is a Certified Mediation Trainer for the Aga Khan International Conciliation and Arbitration Board. She is also a Barrister with a legal career spanning over 13 years, along with serving as a coach and mentor in the United Kingdom.

Aneez Khanani is a Certified Mediation Trainer for the Aga Khan International Conciliation and Arbitration Board. She is also a mediator and communications strategist with over 20 years of providing advice and counsel to leaders and executive decision-makers in corporate and government organisations in Canada.


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kmaherali
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Revenge or restore? Effective conflict resolution

The CAB system goes beyond just resolving disputes, and focuses in a broader sense on restoring harmony and unity in relationships.

As a faith community, we are guided by ethical principles that bind us together regardless of our different cultures, experiences, and expectations. These include compassion, kindness, integrity, dignity, and honesty. On day four of Mediation Week, we explore how these principles can apply in restoring peace in our relationships.

More...

https://the.ismaili/our-stories/revenge ... resolution
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The potential of apology: Forgive to be forgiven

Mediation provides an ideal environment for an honest dialogue that can lead to apology and forgiveness.

At its essence, forgiveness provides an opportunity to create a new story. While it does not negate accountability, it can in fact empower individuals. On day five of Mediation Week, we learn about apology and forgiveness in conflict resolution.

More...
https://the.ismaili/our-stories/potenti ... e-forgiven
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Teaching children the skills to resolve conflicts

Teaching children to deal with disputes from a young age, can equip them to deal with conflict in a positive and respectful manner later in life.

Events that occur in childhood can shape how individuals deal with situations throughout their lives. On the final day of Mediation Week, we explore why it is important for children and young adults to develop peace-keeping skills, in order to grow into empathetic and ethical leaders of the future.

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https://the.ismaili/our-stories/teachin ... -conflicts
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Conciliation and Arbitration Board’s Mediators’ Forum

The Aga Khan Conciliation and Arbitration Board (CAB) welcomed mediators and peacemakers to participate in a Mediators’ Forum at the Ismaili Jamatkhana and Center, Houston, on Tuesday, October 23, 2018. Similar fora were held at Glenview and Atlanta Jamatkhanas.

CAB is a mediation body that helps to handle disputes through volunteers with formal mediation training. CAB’s mediation week consisted of a series of panel discussions and roundtable exchanges for a shared understanding of best practices.

Opening remarks at the forum were provided by Faisal Charania, VP and Associate General Counsel at Prime Communication, followed by Rehan Alimohammad, a partner at Wong Fleming, who spoke about the role of mediation and peacebuilding in the local community and highlighted the need for dialogue at all times.

Next, Judge Kamran Jiwani highlighted two key areas relevant to mediation — the role of pluralism and the need to recognize bias. To define pluralism, Judge Jiwani used an excerpt from a speech given by Mawlana Hazar Imam in Ottawa, Canada on November 15, 2017: “It (pluralism) does not mean that we want to eliminate our differences or erase our distinctions, what it does mean is that we connect with one another in order to learn from one another and to build our future together.”

Judge Jiwani summarized CAB’s purpose and how the platform offers value. He said, “Here in the USA, we mediate 150 cases per year using 54 volunteer mediators across the country. All our mediators across the globe are trained in a standardized 40 hours residential program, and all CAB mediations are pro bono.” Judge Jiwani’s session included a brief presentation on the Boston Symphony Orchestra’s gender-biased selection procedure which was eliminated using “blind auditions.”

Lori Laconta, Adjunct Professor of Business Management and Alternative Dispute Resolution trainer, moderated a panel during the forum, where panelists and experts discussed the concept of innovative practices in mediation, how to embrace pluralism, and how to recognize and overcome bias.

Panelists included Celina Shariff, Principal at Vertex Healthcare Management; Dr. Barbara Manousso, Head of Manousso Mediation and Arbitration, LLC; Melissa Back McAlpine, President at Back to Yes Mediation LLC; and Debra Berman, Director of the Frank Evans Center for Conflict Resolution. The panelists share a common thread of extensive experience in the field of mediation. In 2010, Dr. Manousso served as President of the Association for Conflict Resolution (ACR) Houston Chapter and is currently a board member.

Attendees were able to share knowledge on the Alternative Resolution field and gain insight into the role of CAB as a community-based mediation organization. During the roundtable session, experts shared various ideas through their panel discussions to address inherent challenges in the mediation process, engagement of participants, use of surveys, and solutions on how to encourage further joint sessions.

Photos at:

https://the.ismaili/conciliation-and-ar ... rce=Direct
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Video: The Ismaili International Conciliation and Arbitration Boards

Mediation Week is recognised in countries around the world every October to highlight the value of Alternative Dispute Resolution (ADR) as a constructive and cost-effective alternative to litigation. This year, the Ismaili International Conciliation and Arbitration Board (ICAB) have prepared a series of videos that provide information about mediation and the CAB system, as well as other areas of mediation and conflict management. On day one of Mediation Week, we learn about the CAB system and its role in helping to improve the quality of life of members of the Jamat and beyond.

https://the.ismaili/cab/video-internati ... ion-boards

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Video: What to expect in mediation

Have you considered mediation? Mediation is a voluntary and confidential process in which a neutral third-party assists disputing parties to reach their own settlement. On day two of Mediation Week, we learn about mediation and how it can help to resolve a dispute in a peaceful and cost-effective manner.

https://the.ismaili/cab/video-what-expe ... -173435533
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Video: The role of confidentiality in mediation

Confidentiality is the foundation of the mediation process. But, what does it mean, and what information is considered to be confidential? On day three of Mediation Week, we learn about the role of confidentiality and why it is important to the mediation process.

https://the.ismaili/cab/video-role-conf ... -173435533
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Video: Mediation training

We often hear of the need to employ best practice in our daily lives, not least when serving the community. On day four of Mediation Week, we learn about the type of training that Conciliation and Arbitration Board (CAB) members receive, and how CABs use best practice in their training to assist parties with resolving disputes.

https://the.ismaili/cab/video-mediation ... -173435533
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Video: The power of listening and the role of empathy in mediation

Effective listening can be powerful. It demonstrates empathy, understanding, compassion, and most importantly, it shows care for what someone is saying. Active listening is not only a vital skill to help manage conflict, it can also help to improve our day-to-day interactions. On day five of Mediation Week, we explore the power of effective listening and the role of empathy in mediation.

https://the.ismaili/cab/video-power-lis ... -173435533
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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
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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
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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: 25169
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
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Joined: Thu Mar 27, 2003 3:01 pm

Post by kmaherali »

kmaherali
Posts: 25169
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: 25169
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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