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I was privileged to engage in a stimulating and thought-provoking conversation with Justice Dr Anthony Gafoor on Expert Views on ADR (EVA) Vid / Podcast Show. He is the Chief Judge of the Tax Appeal Court of Trinidad and Tobago, which he has chaired for the past twenty (20) years. This Superior Court of Record employs both judicial dispute resolution and mediation techniques to resolve disputes.

Justice Dr Anthony Gafoor is also the Branch Chair of the Chartered Institute of Arbitrators (CIArb) Caribbean Branch and a certified Mediator and Arbitrator.

He wears many hats, so I have left the link to his profile: ⁠https://tt.linkedin.com/in/anthony-gafoor-579032169.

⁠ In this series, we comprehensively examined Appropriate Dispute Resolution (ADR) and its significant role in enhancing access to justice in the Commonwealth Caribbean (CC).  Justice Dr Gafoor provided an overview of the history and evolution of ADR practices within the CC region with a particular focus on Trinidad and Tobago (TT).

He highlighted the fact that these practices were already in place amongst the Indigenous people in TT prior to the introduction of the court system.  We examined the benefits and challenges associated with implementing ADR in Trinidad and Tobago, along with the current laws and regulations governing its practice. Justice Dr Gafoor pointed out that using ADR lowers costs and reduces the time spent compared to traditional court cases.

Furthermore, he revealed the level of awareness among employees in TT regarding ADR options for workplace disputes or conflicts and issues such as discrimination, bullying, and harassment in the workplace. Justice Gafoor also offered a forward-looking perspective on the future of international legal research in TT, especially as it pertains to ADR.

In conclusion, he emphasised the proactive initiatives and programs established by the Chartered Institute of Arbitration to promote ADR across the CC region, reinforcing the importance of these practices in building a more just and equitable society.

**You can order my book- Appropriate Dispute Resolution in Comparative Perspectives Nigeria, the UK, and the US via #springer: https://link.springer.com/book/10.1007/978-3-031-57476-4.

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 Podcast link: https://spotifycreators-web.app.link/e/V9EJ8xjVFOb.

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Introduction:

Utilitarianism is an ethical theory that suggests actions should be evaluated based on their outcomes, specifically in maximising overall happiness or well-being. In Appropriate /Alternative Dispute Resolution (ADR), a utilitarian framework will help select processes and solutions that enhance collective welfare while minimising negative impacts on individuals. Understanding and applying Utilitarianism’s principles in Appropriate Dispute Resolution can lead to more effective and just outcomes that benefit the wider community.

Against the backdrop, Utilitarianism can significantly contribute to the effectiveness of Appropriate /Alternative Dispute Resolution (ADR) in several ways:

1. Focus on Outcomes: Utilitarianism emphasises the importance of achieving the greatest good for the greatest number. In the context of ADR, this perspective encourages parties to focus on outcomes that maximise overall satisfaction and minimise harm. By prioritising collective well-being, negotiators can work towards solutions that benefit all parties.

2. Pragmatic Approach:  Alternative Dispute Resolution (ADR) often involves collaborative problem-solving, aiming to find practical solutions rather than determining a winner or a loser. Utilitarian principles support this approach by promoting effective resolutions based on the consequences of actions. This encourages participants to consider how their decisions affect everyone involved. It is important to emphasise that one of the goals of utilitarianism is to increase happiness and overall well-being, similar to the focus on satisfying interests in mediation. However, the concept of happiness is often poorly defined (Interview with Ken Cloke). While both ADR and utilitarianism are pragmatic, it can be beneficial to view conflict as a source of unhappiness, primarily due to a sense of being “stuck.” Pragmatism, then, serves as a method for getting unstuck through small, practical steps that help alleviate feelings of powerlessness (Interview with Ken Cloke).

3. Increase in Compromise: A utilitarian framework encourages compromise and flexibility. When parties recognise that a resolution benefiting the collective can lead to mutual satisfaction, parties may be more willing to negotiate and adjust their positions, leading to a more amicable and swift resolution of disputes. However, the ADR legend- Kenneth Cloke, revealed that there is a step beyond compromise, which assumes a zero-sum game, which is collaboration (see the Thomas Kilman chart). He believes that conflict resolution can take us beyond simple versions of utilitarianism that focus on mutual sacrifice and search instead for mutual gain.

4. Long-term Relationships: By promoting solutions that are beneficial in the long run, Utilitarianism can foster better relationships among disputing parties. ADR focuses on promoting or maintaining a positive relationship, which can be crucial, especially in ongoing business or personal interactions. This focus on long-term consequences aligns with the utilitarian cardinal principle.

5. Efficiency: Utilitarianism encourages efficient use of resources in dispute resolution. Since ADR aims to resolve conflicts faster and with fewer resources than traditional legal systems, applying utilitarian principles can help streamline processes to achieve equitable and economically viable resolutions.

In conclusion, utilising the concept of Utilitarianism can significantly enhance ADR’s effectiveness by steering parties toward solutions that prioritise overall well-being. Promoting collaboration, encouraging compromises, and fostering long-lasting relationships creates a constructive environment for resolution while ensuring efficiency throughout the process.

REFERENCE

Interview with Kenneth Cloke on 1st December 2024.

Jeremy Bentham, (1823) An Introduction to the Principles of Morals and Legislation, Published by ECONLIB Books.

Resnik, Judith, Bring Back Bentham: ‘Open Courts,’ ‘Terror Trials,’ and Public Sphere(s) (November 17, 2010). Law & Ethics of Human Rights, Forthcoming, Yale Law School, Public Law Working Paper No. 221, Available at SSRN: https://ssrn.com/abstract=1710640 or http://dx.doi.org/10.2139/ssrn.1710640.

Jeremy Bentham’s picture -online

#adr #appropriatedisputeresolution #alternativedisputeresolution  #mediation  #jeremybentham  #kencloke  #law  #morals #ethics #podcast #philosophy  #series #youtube #education #awareness #blog  #blogger #highereducation #vousparlezadr #massadvocacyadr #bringbackutilitarianism  #utilitarianism  #utiliarian  #humanrights #marketing #marketingadr #technology #diversity #equity #inclusion #letsmakeadrgoviral  #viral #uk #england #scotland #ireland #wales #europe #caribbean #southamerica #latinamerica  #africa #australia  #asia  #northamerica

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I was privileged to engage in a stimulating and thought-provoking conversation with Blaine Donais, B.A., LL.B., LL.M. (ADR), RPDR, C.MED, WFA on Expert Views on ADR (EVA) Vid/Podcast Show.

He is the president and founder of the Workplace Fairness Institute and author of ‘Workplaces That Work and Engaging Unionised Employees’ (published by Canada Law Book), as well as the WFI WHITE PAPER on ‘Workplace Conflict Management in Canada.’ He has spent many years improving working relationships in public and private sectors. He authored the ‘Donais Fairness Theory, that Fairness Excellence can be measured and achieved in any workplace.’ Blaine is an Adjunct Professor of ‘Workplace Dispute Resolution’ at Atkinson College, York University, Toronto.

He wears many hats, so I have left the links to his profile:

https://ca.linkedin.com/in/blaine-donais-ll-b-ll-m-c-med-q-arb-phsa-wfa-5661b https://blainedonais.ca/.

In this series, we clarified the difference between dispute resolution and conflict management, which is vital for fostering a positive workplace culture and preventing issues like bullying, discrimination, and harassment. We indicated that disputes can escalate because many believe a conflict must involve naming, blaming, and claiming; however, this viewpoint describes a dispute. Blaine further stated that recognising this distinction enhances people’s understanding of psychological safety at the workplace.

Rather than viewing conflict as only arising between two parties; both employers and employees can appreciate the nuances of workplace dynamics, paving the way for more constructive dialogue and resolution. Additionally, we examined the laws and regulations in Canada concerning workplace discrimination, harassment, and bullying while critically analysing how cultural nuances can contribute to the prevention of workplace conflict. Blaine revealed that a “host culture” exists in Canada, where a specific group within the workplace holds more rights and freedoms than others. Although harassment policies are designed to apply equally to all, in practice, they often fail to do so, fostering a culture of fear among those who have the right to speak out.

This raises a pertinent question: ‘What is necessary to ensure workplace safety?

Blaine revealed that to feel comfortable addressing these behaviours encountered at the workplace, individuals or employees need involvement, influence, choice, agency, peer support, and confidentiality—elements that collectively foster a sense of full citizenship. Unfortunately, the above-mentioned cultural factors in some workplaces may discourage individuals or employees from feeling safe enough to express concerns about bullying, discrimination, and harassment.

Stay Tuned for Part 2.

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

Podcast link Spotify: https://spotifyanchor-web.app.link/e/yjTCKvnd2Nb

If you have experienced workplace bullying, discrimination and harassment, do not stay silent. Connect with me on #Linkedin and share your story via DM. Together, we can bring awareness to these issues and work towards creating a more equitable and respectful workplace for all via ADR. Your voice matters!—-Dr Chi Egbunike

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📌Join us tomorrow for Alternative Dispute Resolution at 12.00 AST via Zoom.
Our very own Dr. Chinwe Egbunike-Umegbolu and Ms. Shivangelie Ramoutar from the Faculty of Law will be hosting this session.
Register here: https://lnkd.in/eTYgYwxp
Zoom link: https://lnkd.in/egid8Acs
Meeting ID: 938 1063 4893
Passcode: 511353

#adr #uwi #trinidad #tobago #research #series #law

I am looking forward to participating as a panellist at The Chartered Institute of Arbitrators (CIArb) Caribbean Branch—Fifth Triennial Conference to discuss ‘The Role of the Courts in ADR.’ The event will take place at the Conference Center, The University of the West Indies, St. Augustine, Trinidad and Tobago, from October 15th to October 17th, 2024.

Panel members:

Hon Barry Leon- Moderator

Hon. Mme. Justice Maureen Rajnauth-Lee

Justice Dr Anthony D.J.Gafoor

Dr Chinwe Egbunike-Umegbolu

Logo-CIARB Caribbean Branch Website

#adr  #ciarb  #arbitration  #mediation #ombuds #conciliation #negotiation #EarlyDisputeResolution #EDR  #conference #vousparlezadr #letsmakeadrgoviral #trinidad #tobago #uwi #westindies #StAugustine #university #caribbean #world