Month: February 2025

#Bookrecommendation of my book ’Appropriate Dispute Resolution (ADR) in Comparative Analysis: Nigeria, the UK and the US.’ By my research mentor – Anne Daguerre, FIEP.

Published by Dr Chinwe Egbunike-Umegbolu

#Bookrecommendation of my book ’Appropriate Dispute Resolution (ADR) in Comparative Analysis: Nigeria, the UK and the US.’ It was written by Dr Anne Daguerre, FIEP, on #linkedin. Dr. Anne Daguerre is a Reader in Social Justice in the School of Business and Law at the University of Brighton. Anne has a PhD in political science from Sciences Po Bordeaux. An alumna of the Woodrow Wilson Center in Washington, DC, she has held visiting appointments at George Mason University, the University of Pittsburgh, and George Washington University.  Anne’s areas of expertise are welfare reform, labour market policies and social policy and administration. She has led several research projects funded by the British Academy, the ESRC and the Fulbright Commission. Anne is a Fellow of the Institute of Employability Professionals (IEP). She speaks French (mother tongue) and is fluent in Spanish.​
She stated ‘ Recommended Read: Appropriate Dispute Resolution in Comparative Perspectives by Dr Egbunike-Umegbolu (Springer, 2024)
For scholars interested in Alternative Dispute Resolution (ADR), this book is a must-read! Dr Egbunike-Umegbolu provides a compelling comparative analysis of ADR in Nigeria, the UK, and the US, shedding light on both historical and contemporary practices.
One of the most insightful contributions is found in Chapter 3: Legal Transplant. The chapter explores how the Traditional African Method of Settling Disputes (TAMSD)—eradicated under British colonial rule—was rediscovered as ADR gained prominence due to concerns over cost and access to justice.
Dr Egbunike-Umegbolu introduces the concept of “legal fusion”—explaining how modern ADR mechanisms now coexist with traditional dispute resolution methods, creating a hybrid system that reflects both local customs and global best practices.
This book is essential reading for anyone exploring legal pluralism, access to justice, and ADR innovations across different jurisdictions.’
Thank you so much, Anne Daguerre FIEP, for reviewing and recommending my book. You are an awesome research mentor; without your guidance and support, this book wouldn’t have been published. Thank you for everything!
Read more about Anne’s research: https://activatingemployers.org/about/team-member/anne-daguerre.
#Gratitude #bookreview #bookrecommendation #researchmentor #mentor #ADR  #LegalFusion  #DisputeResolution #AccessToJustice  #ComparativeLaw  #legalpluralism #legalfusion #jeremybentham #annedaguerre #Utilitarianism #Nigeria #UK  #US #LegalInnovation #LegalStudies #diversity #inclusion #equity #highereducation #awareness #legaltransplant #historical #contemporay #research #Spanish #french #UniversityofBrighton #UoB #brighton #sussex #GeorgeMasionUniversity #britishcolonialrule #WoodrowWilsonCenter #Britishacademy #Fulbright #EmployabilityProfessionals #UniversityofPittsburgh #ESRC #dei #letsmakeadrgoviral #africa #europe #northamerica #asia #caribbean #australia #southamerica #latinamerica

Chartered Institute of Arbitrators (CIArb) with President Jonathan Wood, FCIArb (Vid/Podcast)

Published by Dr Chinwe Egbunike-Umegbolu

I was privileged to engage in a stimulating and thought-provoking conversation with Jonathan Wood, FCIArb, on Expert Views on ADR (EVA) Vid/Podcast Show. He was the president of the Chartered Institute of Arbitrators (CIArb)-at the time we recorded the interview. He has in-depth knowledge and understanding of CIArb, having served five (5) years as Chair of the Board of Trustees and eight (8) years as a Trustee. During that time, he has overseen significant growth and change in CIArb.

He wears many hats, so I have left the link to his profile: / jonathan-wood-fciarb-93264960.

In this series, we analysed the role of Appropriate Dispute Resolution (ADR), specifically mediation and Arbitration, in resolving conflicts or disputes and how far they have enhanced access to Justice in the UK. Mr Wood highlighted that ADR is an acronym for Alternative Dispute Resolution, and what it means in broad terms is that it is an ‘Alternative’ in resolving disputes outside the court system; it is a non-court system process of resolving disputes. He indicated that it is an acronym first coined by Professor Frank Sander, an American academic, in 1976 and was first mentioned to the Chartered Institute of Arbitrators (CIArb) at a conference by again an American academic, Jonathan Marx, in 1983.

We alluded to the fact that, universally, Mediation is a well-known form of resolving disputes outside the court system. On the one hand, Arbitration as an ADR mechanism is different in various jurisdictions. For instance, arbitration is considered a binding adjudicative process in the USA, while the UK view includes mediation, arbitration, early neutral evaluation, and adjudication under the remit of ADR.

Mr Wood emphasised that he stands with the English perspective- that arbitration falls within the remit of ADR, recounting his experiences with the Turkish government, where concepts like mediation and arbitration were challenging to distinguish; he came up with an alternative description, ‘facilitative negotiation.’ We critically analysed the recent case of Churchill v Merthyr Tydfil Borough Council [2023] EWCA Civ 1416, which emerged in the Court of Appeal, UK, overturning doubts cast by a previous case, Halsey, about the court’s power to mandate mediation with cost sanctions against recalcitrant or uncooperative parties.

The basis of that objection is that it might infringe on Article 6 of the European Convention on Human Rights, which provides the right to a fair trial. It is imperative to state that it was a case in which the Chartered Institute of Arbitrators (CIArb) intervened with a number of others to try and educate the court on the very important role of mediation. The outcome of the case led the foundation to enable the court to order the parties to undergo mediation and to stay proceedings whilst they did so.

As a result, the Civil Procedure Rules (CPR) in the UK have now been changed to allow that to happen in appropriate and proportionate cases; a cost sanction can now be ordered by the court against the party who is recalcitrant or does not want to engage in mediation in good faith. That has heralded a new era of mediation in the UK, which goes hand in glove with access to justice.

Mr Wood indicated that justice has become increasingly expensive in courts, while mediation offers a more affordable and expedited solution, which, in turn, enhances access to justice. He revealed the historical development of CIArb and why they might change its name in the future to include ‘Mediation.’

Finally, he analysed the steps CIArb has taken to handle diversity, equity, inclusion (DEI), and cybersecurity.

You can order my book ‘Appropriate Dispute Resolution in Comparative Perspectives Nigeria, the UK, and the US’ via #springer: https://link.springer.com/book/10.100…

Please subscribe to the EVA YouTube channel & listen to this episode on all podcast channels- #audible #apple #amazon #overcast #google #spotify #listennotes #playerfm #pocketcasts #anghami.

 

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📌#Bentham and his ideas on the famous Expert Views on ADR (EVA) Vid / Podcast Show By Tony Guise #linkedin

Published by Dr Chinwe Egbunike-Umegbolu
Catching up after a busy couple of weeks.

I wanted to thank Dr Chinwe Egbunike-Umegbolu, AFHEA for the opportunity to discuss #Bentham and his ideas on the famous Expert Views on ADR (EVA) Vid / Podcast Show, and for the second time!

Chinwe and I debate the continuing relevance of Bentham’s 18thC philosophy to civil justice reform in the 21stC. Especially as we move into the final stages of implementing Lord Woolf’s Recommendations in the Access to Justice Report from July 1996. This Report was, of course, entirely grounded in Utilitarian principles.

I draw attention to those as Recommendations surprisingly (almost 30 years later 🙄) not yet introduced:
258-273: IT in the Civil Courts including of course Rec 263 – the provision of trusted online resources which some subsequently called Tier 1
295-303: the integration of ADR into civil justice.

It was a thrill to have this opportunity Chinwe thank you so much!
DisputesEfiling.com Limited ADR ODR International Limited Rahim Shamji DDRS Amanda Finlay Richard Susskind Mark Beer, OBE Peter Farr #a2j #adr #odr

#adr #costs #Courts #litigation #jeremybentham #JohnStuartMill #hedonisticcalculus #overhaul #utilitarianism #podcast #jurisprudence #awareness #history #reallife #events #britishhistory #life #factual #education #highereducation #research #UCL #england #uk #wales #britishroyalfamily #british #europe #africa #nigeria #northamerica #caribbean #asia #world #northamerica #southamerica #latinamerican #australia #law #ethics #society #nostradamus #inspirational #motivational #moral #utilitarianias #utilitarian