African Centre for Dispute Settlement

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    Access to remedy through consensual processes
    (2018) Ganson, Brian
    A growing number of non-judicial mechanisms purport to address the grievances of individuals and communities whose human rights may be adversely impacted by a business enterprise. Whether and how such mechanisms can provide effective remedy is a topic of substantial concern. The discussion becomes particularly pointed in the many contexts in which there is no meaningful access to judicial remedy, and therefore effective remedy depends fundamentally on the consent of the company to both the process and the outcome of a non-judicial mechanism. This discussion document intends to help advance this debate in constructive ways. It first draws on a variety of formal and informal inputs to explore common themes and questions that frequently arise in discussions of remedy for negative human rights impacts through non-judicial mechanisms, seeking to illustrate the logical relationships among them and to lay the ground for identifying a way forward in a complex debate. It then briefly explores two challenges that consent-based mechanisms face that appear fundamental: their inter-dependence with adjudicative mechanisms, and the necessity that stakeholders have confidence in both their processes and their outcomes on a sustainable basis. Moving from descriptive to prescriptive mode, the discussion document recommends exploration of the possible value of guidance on the evaluation of consent-based remedy systems and outcomes. It suggests that more structured scrutiny of systems design, systems outcomes and systems governance may be one way to increase accountability for effective remedy within non-judicial mechanisms, while respecting the need for stakeholders to sustainably implement mechanisms which they agree are appropriate to and legitimate within their particular context.
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    The art of representation :an interview with Mia Quiaoit-Corpus
    (2015) Botha, Linda; Lumerman, Pablo; Quiaoit-Corpus, Mia
    Mia Quiaoit-Corpus is Executive Director of the Conflict Resolution Group Foundation, an NGO focused on delivering non-adversarial processes of dispute resolution across the Asia Pacific Region. She has 9 years of experience in the management of various mediation and facilitation programs, including research, framework & institutional design, policy writing and training. She received her Global Masters of Arts in International Affairs from the Fletcher School of Law and Diplomacy of Tufts University, Boston. She completed her MBA from the University of the Philippines.
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    Between harmony and justice : an interview with Ivan Ormachea
    (2015) Botha, Linda; Lumerman, Pablo; Ormachea, Ivan
    Ivan Ormachea specializes in conflict prevention, conflict transformation dialogue and mediation. He works on social and environmental issues related to extractive industries, and on family, commercial, workplace and labor disputes. He is a mediator for the Office of Mediation and Facilitation Services of the World Bank and the Compliance Advisor Ombudsman of the IFC. He is the President of the Peruvian NGO ProDiálogo. He is a part-time professor of the Catholic University of Peru and has an MA in International Relations from Syracuse University, USA.
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    Building municipal capacity : lessons from 'top down' and 'bottom up' state building
    (2016) Ganson, Brian
    As companies engage to help build municipal capacity in South Africa, it may be useful to situate these efforts within the experience of international attempts to drive good governance and development through ‘state building’. Analysis provides warnings about an exclusive focus on the institutions and capacities of the formal government, with attendant risks of failed projects or even perverse effects that reinforce division and increase resistance to change. It suggests that a broader lens on the society and the political economy may be necessary to conceptualize and mobilize sufficient coalitions for positive change. And it provides some guidance to companies to the specific risks and opportunities they face as change agents. The discussion below draws substantially from studies of particularly conflict-prone environments, both because of the availability of evidence, and because of the relevance to the South African municipal context.
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    Business in the transition to democracy in South Africa : historical and contemporary perspectives
    (2017) Ganson, Brian
    This paper was written as a contribution to the research initiative entitled Engaging the Business Community as a New Peacebuilding Actor. It is a joint project of the Africa Centre for Dispute Settlement (ACDS), CDA Collaborative Learning Projects (CDA), and the Peace Research Institute Oslo (PRIO), funded by the Carnegie Corporation of New York and the Norwegian Ministry of Foreign Affairs. The project aims to fill the large gap in evidence regarding the effectiveness of business efforts for peace, providing a framework and practical guidance for more effective planning and evaluation of business-peace initiatives, policies and practices. Comments, critiques and corrections are welcome.
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    Business, conflict and peaceful development
    (2017) Ramphele, Mamphela
    This paper was written as a contribution to the research initiative entitled Engaging the Business Community as a New Peacebuilding Actor. It is a joint project of the Africa Centre for Dispute Settlement (ACDS), CDA Collaborative Learning Projects (CDA), and the Peace Research Institute Oslo (PRIO), funded by the Carnegie Corporation of New York and the Norwegian Ministry of Foreign Affairs. The project aims to fill the large gap in evidence regarding the effectiveness of business efforts for peace, providing a framework and practical guidance for more effective planning and evaluation of business-peace initiatives, policies and practices. Comments, critiques and corrections are welcome.
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    Culture of conflict resolution : an interview with Ashok Panikkar
    (2015) Botha, Linda; Lumerman, Pablo; Panikkar, Ashok
    Ashok Panikkar is a is Meta-Culture's principle consultant and a passionate conflict resolution professional. He has worked as a conflict management consultant, mediator, facilitator and trainer all over the United States, India and in Europe. Prior to starting Meta-Culture, now India's first full service conflict and dialogue facilitation center, he directed an organizational conflict resolution program in Cambridge, Massachusetts, successfully mediating hundreds of disputes in the corporate and civil society sectors. He did his undergraduate studies in Visual Communication and has a Master's degree in Critical and Creative Thinking from the University of Massachusetts, Boston.
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    Getting beyond "ground zero" : an interview with Pascal Da Rocha
    (2015) Botha, Linda; Lumerman, Pablo; Da Rocha, Pascal
    Pascal Da Rocha has over 18 years of experience in crisis negotiations in volatile environments. He provides political advisory and political mediation activities for organizations such as UN, NATO, and EU. His thematic expertise is in extractive industries, gender, national dialogue and reconciliation and security arrangements. Pascal also provides advisory services for Fortune 500 companies in change management strategies and intercultural communication. Pascal holds lecturing appointments at Columbia University in New York and IESEG School of Management in Paris/Lille, France. He has published on diversity management, political mediation and collective leadership in organizations.
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    Government and governance : an interview with Giselle Ober
    (2015) Botha, Linda; Lumerman, Pablo; Ober, Giselle
    Giselle Ober has a PhD in the field of conflict transformation from the Institute for Conflict Analysis and Resolution at George Mason University. She has over 20 years of experience working in the conflict transformation field, living and working in Guatemala, Bolivia, Peru and the USA. She has consulted to international and local organizations working in war-torn societies in Eastern Europe, Northern Ireland, South Asia and Africa. Her work includes public policy development; system and process design; conflict resolution programs; and facilitation of multi-stakeholder processes around inter ethnic relations, development, land, water and socio-environmental conflicts.
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    Incremental steps towards trust : an interview with David Plumb
    (2015) Botha, Linda; Lumerman, Pablo; Plumb, David
    David Plumb is director for Latin America at the Consensus Building Institute (CBI). David is a mediator, facilitator, trainer and researcher specializing in consensus building, negotiation, conflict resolution and designing stakeholder engagement strategies. He helps to lead CBI’s Corporate Community Engagement practice and has experience managing complex natural resource disputes and public policy issues in the U.S., Africa, Latin America, and Europe. David is a bilingual Spanish speaker and currently lives in Santiago, Chile. A Fulbright scholar, David holds a BA in Politics and Latin-American Studies from Princeton University.
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    Making up for lost time : an interview with Alex B. Muhweezi
    (2015) Botha, Linda; Lumerman, Pablo; Muhweezi, Alex B.
    Alex Muhweezi is an ecologist (MSc) with 28 years of experience in the field of environmental management in Uganda and East Africa. He manages the Kampala-based consulting firm Future Dialogues International, which he established in 2008. Future Dialogues focuses on promoting dialogue as a tool for achieving sustainable development.
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    Mind the gap : an interview with Brian Ganson
    (2015) Ganson, Brian; Botha, Linda; Lumerman, Pablo
    Brian Ganson heads the Africa Centre for Dispute Settlement at the University of Stellenbosch Business School. He engages with multinational companies, governments, community advocates and other international actors as a consultant, researcher, educator, and mediator. His work focuses on the nexus of business, conflict and development, addressing multi-stakeholder approaches to risk mitigation and conflict prevention, organizational management and leadership, and the role of neutrals in postconflict and other complex environments.
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    Of angels and devils : an interview with Merrick Hoben
    (2015) Botha, Linda; Lumerman, Pablo; Hoben, Merrick
    Merrick Hoben is the Director of the Consensus Building Institute’s Washington, D.C., Regional Office, a Practitioner Associate at the MIT-Harvard Public Disputes Program and Faculty Associate at the Lincoln Institute of Land Policy. Merrick helps stakeholders across diverse organizations and sectors — globally and domestically — to develop and implement more effective agreements. Merrick has extensive experience with mediation, negotiation and training in Latin America and the Middle East.
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    The power of the Third Side : an interview with Pablo Lumerman
    (2015) Botha, Linda; Lumerman, Pablo
    Pablo Lumerman is a dialogue and development facilitator and a community-company-government conflict mediator. Pablo holds a degree with honors in Political Science from the University of Buenos Aires. He also holds a Master’s in Local Development from the National University of General San Martín and the Autonomous University of Madrid.
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    Public sector challenges : an interview with Kate Kopischke
    (2015) Botha, Linda; Lumerman, Pablo; Kopischke, Kate
    Kate Kopischke is an independent mediator specializing in stakeholder engagement, dispute prevention, and dispute resolution in the natural resources sectors. Kate’s work involves conflict assessments and facilitation of dialogue-based processes to help communities, companies and the public sector address concerns stemming from the impacts of large-scale development projects. Kate also serves as expert dispute resolution practitioner for UNDP’s Stakeholder Response Mechanism, a formal avenue for stakeholder engagement when people believe a UNDP project may have adverse social or environmental impacts. From 2005 to 2010 she worked as dispute resolution specialist for the Office of the Compliance Advisor Ombudsman (CAO). CAO is the ombudsman for the International Finance Corporation, the private sector lending arm of the World Bank Group. Kate holds a master’s degree in intercultural communication from the University of New Mexico.
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    Swimming with crocodiles : an interview with Kim Wilson
    (2015) Botha, Linda; Lumerman, Pablo; Wilson, Kim
    Kim Wilson is an experienced engagement specialist, mediator, facilitator and alternative dispute resolution practitioner. He has successfully conducted mediations for over 15 years, many involving multiple parties and complex issues and interests. He is a specialist in social development strategy, and designs and delivers engagement strategies and implementation plans. He is experienced in companyto- community engagement, strategic negotiation and working with indigenous interests in Australia and beyond. He also conducts workshops on company-to-community engagement and negotiation.
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    Theorising MSMEs in contexts of urban violence
    (LSE Press, 2021) Ganson, Brian; Hoelscher, Kristian
    What are the relationships between and among small businesses, conflict, and peaceful development in contexts of urban violence? Here, the complex formal and informal divisions of economic, political and social power, authority, and legitimacy – and the many grey areas between legality and illegality, necessity and opportunism – create challenging conditions for business operations and for peacebuilding. A grounded understanding is required if peace- and development-positive interventions are to be successful. Yet both the peacebuilding and development potential of micro, small, and medium enterprises (MSMEs), and the specific dynamics of business and conflict in urban spaces, are underdeveloped in the literature assessing and promoting business potential to catalyse positive change. We therefore extract from a broad range of literature a typology representing the weight of the extant frameworks for understanding MSMEs in contexts of urban violence. We then use primary research to construct inductively a framework that captures how those living with urban violence themselves perceive businesses, their relationships to violence, and their impacts on in/security and under/development. Drawing out key areas of synthesis and tension, we propose directions for future study and practice related to small businesses in violent cities, emphasising the need to eschew simple understandings of actors, agency, and objectives in favour of a more nuanced and humane inquiry into the pain and potential inherent in the local context.
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    The value of inter-cultural intelligence : an interview with Mirna Angela Cuentas
    (2015) Botha, Linda; Lumerman, Pablo; Mirna Angela, Cuentas
    Mirna Angela Cuentas is an expert facilitator of State-Business-Community dialogues. She has recently been involved with the Conflict Transformation Collaborative (CTC). She has worked for many years with indigenous communities on agricultural issues, including land rights.
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    When all else fails : an interview with Stef Snel
    (2015) Botha, Linda; Lumerman, Pablo; Snel, Stef
    Stef Snel is an experienced practitioner and facilitator in multiparty mediation, conflict facilitation, policing, peace building and organisational problem solving. He practices in the public, business and non-governmental sector, specialising in implementing new systems and turning around intractable problems