Dispute Resolution Methods Research Articles

Family Mediation: A Manifestation of Changes in Caring for Seniors

Our society is aging and the attitudes of children toward caring for their elderly parents are becoming an increasingly frequent cause of family conflicts, especially between siblings. Potential family conflicts, increasingly often concern decisions on the type, extent, and time of caring for aging parents. Sharing responsibilities and organizing care for the parents is a cause of growing tension inside families. Problems include the lack of clarity about the division of duties related to helping with general household chores (cleaning, preparing meals, shopping) between siblings or duties related to personal and generalcare (feeding, bathing, administering medications, making medical appointments, and recreation). The main research problem in this article is to define the caring function of the family and family relations in the context of caring for parents with the use of mediation. The research method used in the text was content analysis. Mediation is an increasingly popular procedure implemented to restorenormal relations between conflicting parties, including family members. Apart from conciliation, arbitration, and negotiations, it is the most dynamically developing method of dispute resolution and an alternative to the existing procedures offered by the justice system. Family mediation can help families in making many difficult decisions. The advantages of this procedure result both from the fact that it offers a holistic approach to very complex problems that require an effective resolution, as well as from the involvement of a neutral third party facilitating and organizing the process of communication between family members.

Legal Foundations for Resolving Land Disputes Through Mediation as An Alternative Dispute Resolution Method

The relevance of this topic lies in the fact that land disputes are a widespread phenomenon that can arise in any country or region. The article examines the legal foundations of resolving land disputes using mediation as a non-judicial mechanism for preventing and resolving conflicts through negotiations. It discusses the essence of mediation and its use in land disputes, particularly as an effective tool for achieving mutually beneficial agreements between parties. The article considers the procedure and stages of mediation in land disputes, including preparation for the mediation process, the actual mediation process, and the formation of a mediation agreement. The aim is to investigate the nature of mediation as a conflict resolution mechanism and promote the use of mediation in resolving land disputes while emphasizing the necessity for further development of legal mechanisms that support and popularize mediation as an extrajudicial means of conflict resolution within the realm of land relations. Furthermore, the article explores international experiences of mediation in land disputes, highlighting successful examples from countries like the Netherlands, the United Kingdom, Sweden, and France. Conclusions can contribute to improving international relations and the development of sustainable land management. mediation, alternative dispute resolution, land disputes, directive, international experience of countries and organizations

Theoretical and legal problems of implementing the principles of mediation

The relevance of the study is due to the issues of the operation of the principles of mediation as one of the alternative ways to resolve disputes in the Republic of Kazakhstan. In this regard, the purpose of the work is toidentify problems with the operation of the principles during the mediation procedure. When writing a research paper, the methods of logical analysis, dogmatic, formal legal, deductive, synthesis and other methods were used. The article discusses the features of the concept of mediation as an alternative method of resolving disputes in the works of legal scholars. The guiding norms of law that determine the content and directions of legal regulation are considered, i.e., the principles of intermediary services are explained and their types are considered. Although mediation has not developed rapidly in the Republic of Kazakhstan over the past decade, it should be noted that it is developing in many areas of society as an alternative method of dispute resolution. Since mediation is a procedure based only on certain principles, there should be no problems in the functioning of the principles. In accordance with this, the opinions of scientists are analyzed, a review of international acts is carried out, the principles of the current law “On Mediation” in the Republic of Kazakhstan are differentiated, and some recommendations are given on their application in practice. The practical value of the results obtained lies in providing ways to resolve problematic aspects that will have an impact on improving efficiency in law enforcement practice.

The Problems Related to Potential Trademark Rights Infringement: Construction in Inclusive Legal Perspective on Unregistered Marks

In the current era of globalization and modernization, trademarks play a crucial role in distinguishing products or services in the market. Valid and protected trademark rights are valuable assets for their owners. However, the phenomenon of unregistered trademarks often poses a challenge in trademark protection. This research aims to analyze the legal construction of unregistered trademarks and the conflicts that arise from the perspective of inclusive law. The focus of this research is on the analysis of legal aspects, rights of trademark owners, consumer rights, public policies, and socio-economic aspects. The research method used is normative legal research with a dogmatic legal approach. Data sources include laws, regulations, court decisions, and legal literature related to trademarks. Data analysis techniques use a deductive approach with the application of relevant theoretical frameworks. The results of the research indicate that the inclusive legal construction in the Trademark Law provides broader protection for unregistered trademarks. Owners of unregistered trademarks can obtain protection if consistent use of the trademark in trade can be demonstrated. The inclusive approach in trademark supervision also encompasses unregistered trademarks that have potential rights to protection. Conflicts between protection of unregistered trademarks, consumer rights, and indigenous communities can be resolved through consultation and participation of relevant parties. Specific regulations that acknowledge the traditional knowledge of indigenous communities and the responsibilities of producers can also help resolve these conflicts. Mediation and arbitration mechanisms can also be used as alternative dispute resolution methods.

Optimising organisational performance through dynamic conflict resolution strategies in the banking sector

This study investigated the effect of conflict resolution and organizational performance in the Nigerian Banking Sector, in Asaba Delta State. This study identified how conflict resolution strategies are implored to improve organizational performance. The adopted measures included such measures as; Accommodating Strategy (AS) and Dominating Strategy (DS) on how they influence organizational performance which seeks to be the dependent variable. The primary data used in this study were collected with the aid of structured questions from respondents (customers of banks). A total of 65 questionnaires were administered to respondents and also retrieved. These data were coded using an Excel spreadsheet and entered in Statistical Package for Social Science (SPSS) for analysis using descriptive statistics, correlation, and multiple regression with the aid of SPSS version 23. The findings revealed that Accommodating Strategy (AC) and Dominating Strategy (DS) have a significant relationship with Organizational Performance (OP). This study therefore concluded that there is a significant Accommodating Strategy (AS) in particular has a good and significant impact on organizational performance (OP). As a result, Nigerian banks should keep and grow accommodating strategy channels since it has improved staff performance, which would help the banks function better. Hence, the researcher recommended that Management should try to offer seminars/workshops on organizational dispute resolution methods for workers regularly. Employees will be able to learn about conflicts and how to successfully handle them for the benefit of the business.

STAKEHOLDER-INVOLVEMENT IN WATER RESOURCE RELATED CONFLICT MANAGEMENT IN LAKE TURKANA BASIN OF KENYA

Lake Turkana is the largest permanent desert lake in the world and a crucial water source in Turkana County, sustaining thousands of livelihoods. The ethnic groups are primarily nomadic pastoralists. The region is heavily prone to perennial water resources related conflict resulting into perennial displacement of human beings and animals. Prior studies established that perennial resource conflict is fuelled by stakeholders. The study aimed to determine stakeholders' participation in managing water resource conflict in Kenya's Lake Turkana Basin. A descriptive research design anchored on negotiation theory was applied. A sample of 36 respondents were contacted through a structured questionnaire, Key Informant Interview (KII) schedule, observation guide and Focused Group Discussions (FGDs). The study revealed limited stakeholder exposure to conflict management and biased participation. The study concluded that stakeholder involvement and poor stakeholder identification bred water resource related conflict. In matters conflict management, the under-developed road structures and poor communication facilities make it difficult to mobilize people in the vast lake basin The study recommends broader stakeholder inclusion in future conflict management, applying Alternative Dispute Resolution (ADR) methods such as enhanced traditional dispute resolution mechanism, mediation and negotiation.

Impact of International Arbitration Centers on Arab Arbitration Cases: A Comparative Study of the Negative Effects on Arab Dispute Resolution

This study addresses the impact of international arbitration centers on traditional Arab dispute resolution methods, which are deeply rooted in cultural and religious values. Despite the growing popularity of arbitration centers worldwide, their effects on Arab societies remain inadequately explored. Through a comparative analysis of select Arab arbitration cases, the present study has examined the adverse consequences arising from international arbitration centers. Key factors contributing to these negative effects, including cultural and language barriers, as well as the financial costs associated with arbitration have been investigated. The research objectives encompass understanding the clash between international arbitration and traditional methods and proposing strategies for better integration and coexistence. Drawing on the findings, the present study offers practical recommendations to enhance the collaboration between international arbitration centers and local communities. The study underscored the importance of upholding cultural diversity and advocated for the preservation of community-specific dispute-resolution mechanisms. By shedding light on these complexities, this study has contributed to theoretical advancements and practical solutions for understanding the arbitration’s influence on Arab societies and promoting harmonious coalescence between global arbitration practices and traditional values.

Arbitration In Times of Economic Uncertainty: The Role of Qatar Financial Center’s Jurisprudence in Shaping International Arbitration Principles

The framework applicable to international arbitration is notably very liberal, as are the criteria of internationality embraced by both academia and practice. However, the utilization of this form of transactional justice provides tangible benefits, such as alleviating the burden on national courts, expediting the delivery of justice, establishing a body of international arbitration jurisprudence, flexibly securing commercial law at both national and international levels, and more. It's quite likely that these developmental aspects have facilitated the growth of alternative dispute resolution methods as we are currently witnessing. Moreover, it can be asserted that the conjunctural uncertainties that the legal world must contend with encourage the resort to arbitration. In fact, periods of uncertainty prompt economic entities to align themselves with familiar and protective arbitral frameworks that serve their interests. This circumstance appears particularly prominent in economies closely tied to the oil sector, such as those found in the Gulf monarchies. Consequently, this paper aims to demonstrate for the first time in scientific literature that, given their structural and cyclical fundamentals, the Gulf monarchies have become preferred venues for arbitration. In this context, the jurisprudence actively developed by Qatar's National Arbitration Center (QFC-QICDRC) and established by Law No. 7 of 2005 in accordance with Law No. 2 of 2017, also known as the "National Arbitration Law", holds significant importance in comprehending the mechanics of a legally prominent and effective practice: International arbitration.

Mediation in the Polish Insurance Market

The article describes mediation as one alternative dispute resolution method (ADR) available on the Polish insurance market. The author positions mediation among other ADRs on the market and describes the major features and advantages of mediation over traditional court proceedings. According to the author, mediation is very rarely used on the Polish insurance market. The vast majority of insurance mediation is conducted by the Mediation Centre of the Arbitration Court at the Polish Financial Supervision Authority. The author discusses the reasons for this including the relative newness of mediation as an ADR in Poland and a general lack of knowledge of it, the lack of system of comprehensive regulations for the profession of mediator, insurers’ attitude of “deny to the end” with regard to settling claims, and the mentalities the customs of their lawyers.

Conciliation procedures in the resolution of labour disputes

It has been emphasized in the article that many employees and employers increasingly choose alternative methods of labour dispute resolution (alternative dispute resolution – ADR) – conciliation procedures, such as mediation. ADR offers a means of ensuring justice in the workplace for more workers at a lower cost and helps to “clean up” the backlog of statutory dispute resolution institutions, and thus helps public institutions to meet society’s need for labour dispute resolution more effectively.The author has drawn attention to the fact that historically, organizations responded to conflict only when it arose; they did not develop planning by conflict. However, today the situation has changed dramatically and organizations are increasingly implementing dispute resolution planning systems, which represent a systematic approach to conflict prevention, management and resolution that focuses on the cause of conflict within the organization.The author has concluded that the important features of project systems for resolving labour disputes – ADR are: 1) to help resolve labour disputes/conflicts, bringing common sense, goodwill and professionalism to the fore; 2) to provide a safe environment for expressing one’s positions, because disagreements and problems must be freely highlighted; 3) stimulate a clear and balanced decision, which should be the product of a free and constructive discussion, in which everyone has the opportunity to express their position freely and without hesitation.The author has summarized that the introduction of ADR in the organization, the resolution of internal complaints, disciplinary procedures and the implementation of the conflict management system has a number of advantages. These include: greater transparency of workplace procedures, procedural flexibility, efficiency and confidentiality that ensures party confidentiality and protects the organization’s reputation. ADR can also offer greater “sensitivity” to the needs of a particular workplace and especially its employees in highly sensitive and personal disputes, such as claims of sexual harassment, harassment, mobbing, etc. In addition, in facilitating consultative ADR processes, an agreement reached in a workplace dispute may contain a wide range of new outcomes that are not normally part of a court decision, and which may provide conflict resolution options that better suit the needs of each party.

Mediation services for resolving business disputes

The article examines the issue of online business dispute resolution (ODR) as a legal phenomenon. Special attention is paid to the analysis of online platforms that have proven themselves positively. Examples of domestic developments are also given. In modern conditions caused by globalization, the disappearance of borders and the formation of the world Internet community, the legal sphere undergoes transformations for effective functioning. The technological revolution, especially after the increased interest in Bitcoin, has opened up new opportunities for alternative dispute resolution in the online environment. Online mediation, online arbitration and even arbitration using the blockchain technology used in cryptocurrency have appeared. These forms of ODR are becoming increasingly popular. In situations where regulatory rules are created in the Internet space without the use of public legal instruments, self-regulation of relations on the Internet occurs. Often, such a process arises due to the need to regulate new objects of social relations, which at the state or transnational level can take a lot of time. The resolution of business disputes through online platforms is particularly relevant in connection with the Russian war of aggression, which significantly complicated the work of the courts.Thus, Internet service participants can create their own rules, and to ensure their functioning and protection, an online dispute resolution institute is necessary. The article defines the concept of ODR and analyzes its characteristics. Specific examples of the use of ODR in the practice of well-known Internet companies are also given. Advantages and disadvantages of ODR are considered, factors affecting the effectiveness of this method of dispute resolution are analyzed. The article also describes the types of online dispute resolution, in particular, online arbitration, online mediation and online negotiations are considered in detail. On the basis of the conducted research, a conclusion is made about the prerequisites for the development and popularization of online dispute resolution and the importance of ODR for self-regulation of relations is emphasized.

Rule of Law History and Development in China: in Comparison of Australia

The article discusses the rule of law development and application in China compared with Australia. In August 2021, the Chinese Central Government issued the Implementation Outline for the Construction of a Government Under the Rule of Law (2021-2025), which indicated the general plan to improve rule of law for the next five years. In the past few years, the Chinese government has made great efforts to promote the rule of law theory. China enforced judicial reform, which improves the judicial independence and professional ability of legal practitioners. Chinese rule of law formation has been influenced by western countries due to previous foreign legal aid and Australian judicial practice has also been influenced by Chinese theory. In Australia, people are encouraged to solve civil disputes via mediation and other alternative dispute resolution (ADR) methods, which may be influenced by Chinese theory of “Fengqiao Experience”. It is important to continue increasing rule of law in China, but it is improper to transplant the Australian theory to China directly due to the different legal culture and history between two countries. Generally, more efforts need to be made for strengthening rule of law in China.

Potential for construction statutory adjudication in Pakistan: taking lessons from the UK

This study examines the UK’s statutory adjudication process to identify the possible benefits of the introduction of a similar system in Pakistan with the assumption of having the full support of all three wings of the Pakistani government for the resulting legislative reforms. The study of potential hurdles in detail is outside the scope of this study. A literature review, summarised within the paper, was undertaken to identify factors contributing to conflicts in Pakistan’s construction sector and the reasons behind the inefficiency of the present dispute resolution methods. Data were collected using nine semi-structured interviews of industry professionals from (both) Pakistan and the UK. Each interview was analysed through cognitive mapping and central and domain analysis using the Banxia Decision Explorer software. Later, a questionnaire asked professionals working with contractors/subcontractors in Pakistan regarding the potential success of the introduction of statutory adjudication in Pakistan. The preamble of the questionnaire defined the basics of statutory adjudication for the participants. The 70 valid responses received were then analysed using the Statistical Package for Social Sciences software. This research showed that payment issues are the biggest source of disputes in Pakistan’s construction sector. The financially weaker party is often subjugated to be deprived of its rights, mostly due to the absence of an accessible justice system. The introduction of statutory adjudication could be beneficial for Pakistan’s construction sector, as it will provide an accessible, cost-efficient and swift method of dispute resolution.

Speaking up: why people dare to sue the government in China

AbstractWhy do Chinese citizens file administrative lawsuits despite low expectations of winning or the possibility of political retaliation from suing the government? Drawn from the author's fieldwork interviews in 2019 with ordinary citizens who had had disputes with their administrators, this article argues that Chinese citizens’ desire to have their voices heard trumps these obstacles. That is, through lawsuits, people want to face their administrators and make their case. An administrative trial provides an opportunity for citizens to voice their discontent in the physical presence of administrators, unlike other dispute resolution methods available in China. Administrative litigants value this rare chance, even though the rulings are unlikely to be in their favour. By treating an administrative trial as a stage for citizens to stand up for themselves against the government, this article contributes to our understanding of political expressions under authoritarianism.

Online Mediation: Issues, Applications and Challenges

The Mediation Method is one of the main options from the Alternative Dispute Resolution (ADR) method in resolving civil disputes. However, the Covid-19 pandemic has caused obstacles to carry out face-to-face mediation, and has forced mediation methods to change to an online form. These changes also lead to some problems such as ineffective communication in mediation sessions due to the absence, lack or constraint of using non-verbal communication signals that are usually used during face-to-face communication. Studies have found that this has caused difficulties in establishing trust and confidence from the parties involved, towards the mediator and the mediation method itself. In addition, along with the use of computer technology, online mediation is also threatened with the risk of cyber-attacks that will cause the confidentiality and security of a mediation session to be affected. As such, this study is important to ensure that appropriate measures will be taken to improve the quality of mediation in line so that this method remains relevant as time progresses.

미국 노동분쟁의 ADR 절차와 시사점

In South Korea, specific work procedures have not been established to activate the alternative dispute resolution before and after labor disputes in the relief procedure. In particular, there is no special law that can uniformly and consistently apply the alternative solutions to labor disputes, and the subjects, procedures, and contents of the application are scattered in the Trade Union and Labor Relations Adjustment Act or the Labor Relations Commission Act. Nevertheless, the Labor Relations Commission actively participates from the collective bargaining stage, or the local labor commission leads the cooperation from the local governments to deploy the experts of alternative dispute resolution from the community. Therefore, in order for South Korea to actively introduce and revitalize the methods of alternative dispute resolution in labor cases, it is firstly necessary to establish the legal bases, procedures, and contents for the alternative dispute resolution.
 Therefore, this paper aims to derive implications after examining the ADR procedure in the case of unfair labor practices and employment discrimination in the United States. Firstly, the ADR procedure in the United States provides the legal basis in accordance with the Administrative Dispute Resolution Act of 1996, a federal law. Specifically, the ADR procedures and contents of unfair labor practices and employment discrimination cases can be found through the Federal Code of Regulations. Secondly, the agency conducts the ADR procedures according to the work in charge of each agency. In other words, it means that the division of labor by agency is possible depending on the task in charge. Thirdly, the timing of the commencement for the ADR procedure is possible even before applications for unfair labor practices and employment discrimination relief are received. In other words, the ADR procedure may proceed at any stage before and after the issuing for relief. Fourthly, the ADR procedures are based on spontaneity, neutrality, confidentiality, and enforceability. Therefore, either party may withdraw the ADR at any time, and is left at the sole discretion of the party, without incurring any charges or expenses. Fifthly, the National Labor Relations Board has signed the agreement with the Equal Employment Opportunity Commission to provide mediators, while the Equal Employment Opportunity Commission uses not only internal mediators but also external contract mediators. Sixthly, the Employment Equality Opportunity Commission enters into the universal mediation agreement with employers. In other words, the Employment Equality Opportunity Commission encourages employers to enter into the universal mediation agreement to utilize the mediation at the regional, local, or national level. Seventhly, the National Labor Relations Board's ADR reconciliation and withdrawal rate and the Equal Employment Opportunity Commission's adjustment resolution rate exceed 70%, so its effectiveness is excellent.

NAVIGATING THE LABYRINTH OF STATE-OWNED ENTERPRISES DISPUTES IN INDONESIA: A QUEST FOR EFFECTIVE RESOLUTION MECHANISMS

This paper critically assesses the adequacy of mediation as an alternative dispute resolution (ADR) method for resolving disputes between State-Owned Enterprises (SOEs) in Indonesia. It also explores the potential of other ADR methods for more effectively resolving such disputes specifically tailored for SOEs disputes. The paper commences by providing an overview of the mediation concept as an ADR mechanism, exploring its advantages and disadvantages. It then delves into the characteristics of typical SOEs disputes and the audit concerns associated with them. Subsequently, the paper examines international and Indonesian mediation practices, scrutinising their effectiveness and applicability in the context of SOE disputes. It also identifies the potential obstacles to using mediation to resolve SOE disputes, considering the inherent concerns of SOEs in making decisions. Based on these findings, the paper recommends the adoption of adjudication as an alternative ADR mechanism for SOEs disputes, advocating for the establishment of an Adjudication Tribunal tasked with rendering fair, impartial, and efficient decisions. Finally, the paper proposes a regulatory adjustment by identifying the potential risks associated with adjudication and providing mitigation strategies.

The growing role of mediation in resolving labour disputes

In the article, the author has emphasized that mediation is faster and easier than litigation, and also brings monetary and non-monetary savings. Monetary savings include the reduction of costs associated with the involvement of lawyers, and the implementation of various procedural and procedural actions. An example of non-monetary savings is the reduction in the amount of stress and anxiety that typically occurs during litigation. And so having a neutral person who can make judicious use of confidential meetings greatly improves the negotiation process. For example, a mediator can provide a necessary reality check by helping the parties assess their strengths and weaknesses.In the article, it has been proved the gradual and decisive increase in the importance of mediation in the resolution of labour disputes, as well as the significant importance of mediation in the USA is given as an example. In the United States, the use of alternative dispute resolution (ADR) by the federal government has increased largely due to the adoption of special laws that direct or encourage the use of this method of labour dispute resolution. Mediation in labour disputes in the US has also become widespread in the private sector.Basic statutes in the US encourage the use of ADR in employment discrimination cases. The National Labour Dispute Resolution Act of 2001 (NEDRA) required, among other things, all federal agencies, courts, and other companies that receive $200,000 or more in federal funds to establish internal labour dispute resolution programs or systems that would provide for voluntary the option of employee access to external certified third parties – mediators for consideration of complaints in labour law matters.The author has concluded that mediation is aimed at solving problems: fixing things for the future replaces focusing on whom to blame for past events. Mediation maximizes autonomy by allowing the parties to maintain confidentiality – to develop an agreement that «tailors» to settle all aspects, guided by the position of each party, and that includes terms that go beyond what a court could decide. Such an agreement can be considered fairer than one imposed by a third party. Mediation thus offers the possibility of an integrative, «win-win» solution that meets the interests and needs of both parties. Mediation often provides an opportunity for emotional catharsis, helps maintain or restore relationships between parties, and provides greater awareness of conflict management

When Does Dispute Resolution Hold? Lessons from Three Ghanaian Case-Studies

ABSTRACT Conflicts relating to chieftaincy succession are recurrent among some monarchies in Ghana, and scholars have extensively debated their causes, resolution, and peacebuilding approaches. There have, however, been limited studies into the role that local actors’ acceptance or rejection of the selected method of dispute resolution plays in the resolution of chieftaincy disputes. This study fills this gap by using a multiple case study design involving 45 participants recruited through a maximum variation purposive sampling technique to understand the peacebuilding processes in the Yendi, Bole, and Bawku conflicts in northern Ghana. Primary data was collected through interviews and focus group discussions and analysed using inductive thematic analysis. The study revealed that indigenous, liberal, and hybrid approaches to conflict resolution were employed in the conflict resolution processes in northern Ghana. It further revealed that the stakeholders in Yendi and Bole generally accepted these approaches because of their congruence with existing peacebuilding practises, norms, traditions, and customs. However, in Bawku, some of the approaches were not aligned with the norms of some of the conflict actors, resulting in their rejection. Based on these findings, the study argues that the appropriateness and effectiveness of conflict resolution approaches in resolving chieftaincy conflicts depend more on the level of acceptance they receive from the stakeholders than on the type of approach used. The study underscores the prioritisation of local cultural practises and norms in the design and implementation of conflict resolution approaches.

What Went Wrong At Aburi: Interrogating the Gap in the Use of Good Offices and Mediation in the Nigerian Civil War

Good offices and mediation are traditional means of dispute resolution. Both dispute mechanisms have been used in achieving truce and armistice unrivaled by any other known dispute resolution methods like arbitration, conciliation, and judicial settlement; this is possible because of its overlapping nature and for which distinction is now blurred. This study attempts to distinguish between good offices and mediation, use and abuse in practice and its consequences when improperly applied. Using the constructivist theory, the study interrogates the use of good offices in the conflict stage of the Nigerian Civil War where the Ghanaian Head of State Lt- General J.A. Ankrah had invited parties in Nigerian Crisis to Aburi, Ghana, early steps toward resolving the looming crisis by negotiation. This study identifies some elements of mediation in dearth to have averted the eventual Civil War. It argues that a good offices provider should equally armed self with skills of a full mediator maintaining that the tempo of a negotiation may require switching from providing good offices to full mediation and not necessarily calling off negotiation within negotiation. The study maintains that all that was required in the instance was Lt-General J.A. Ankrah’s reappearance at the table to build consensus while interpreting messages. The study uses secondary sources of data and a qualitative research design. It concludes that negotiation may fail where it is laced with more stoppages as such tempo found to close negotiation may be lost in course of time. It recommends the overlapping skills of good offices and mediation in one breathe evidently lacking at Aburi