Iternational Mediation Legislations and the Practical Use

By Alessandra Sgubini, Mary Tran, Daria Brovchenco , Brad Beherns, Stefano Cardinale, Ferdinando Carbone, Guilherme Peres Potenza, Camila Folkmann Costa.

Mediation is a method of dispute resolution that can benefit any country.  Mediation is less expensive, faster, and more confidential than traditional litigation. This is especially true in the international business context, where transaction costs are high and disputes over choice of law and choice of forum are both challenging and time consuming when an international conflict arises. I personally believe that when you build bridges to bring something new into a new country or a new setting you need to deal first with the culture and what is going on in that new setting.
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Daily Impressions of Mediation

by Max Zaila

Mediation is a fondamental tool used to solve commercial and civil disputes without having to sit in front of a judge.

The advantages of Mediation over Litigation are: time effective, cheaper, keeps the relationship going between the Parties, private and confidential.

In the case of International Mediation, where Parties from different countries and especially different cultures are emotionally involved in the dispute, the Mediator skills are paramount in order to help the Parties settle the issue.

Within international conflicts, the Mediator, or neutral Party, needs to have qualities such as understanding of International behaviour, exposure to different and varied cultures, soft touch, psychological skills, patience, ability to active listening.

 

Reputation and Mediation: Why Mediation is important for Reputation.

By Monica Veronesi

CONFLICTS are a constant part of our lives and may affect our reputation at all times.

Whether or not you are the aggressive type of person that looks for conflicts or if you are a peaceful person that just comes upon them, you will still have to deal with conflicts which you find are thereby issues in your life. Conflicts arise for different reasons and can affect people or companies, such as NGOs, firms, homes, schools, universities.  Mainly they arise because of  1) Cultural differences; 2) Personality conflicts 3) Not attentively listening; 4) Operating on assumptions; 5) General misunderstanding.

HUMAN TRAFFICKING AND MEDIATION

By Lina Meneses Espinoza and Barbara Zanette

Human trafficking is an international crime that has seriously developed all over the world; this illegal global trade is continuously growing. Recent estimates  of global profits from human trafficking are as high as 32 billion Dollars, if both the sale of individuals and the value of their exploited labor or services are taken into account. In order to properly understand what can be counted into this “modern day slavery”, it is important to define the concept of human trafficking. According to the UN Protocol Act 2000 , at art. 3 human trafficking is defined as the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs”. Read Full PDF Version

Bilateral

by Lina M.

It´ was an interesting day. Alessandra Sgubini introduce me to Ms. Marisa Ugarte.   We went to a meeting with Ms Ugarte at 6 in the afternoon. She is the founder of the Binational Crisis Line in Tijuana, as well as the Domestic Violence Crisis Center for the National Sistem for Development for Integral of the family in Tijuana (DIF Tijuana). Ms. Ugarte continues to be an advisor to DIF and to the Civil Protection and Disaster Crisis Prevention Program in Mexico.