Disputes within families are not uncommon. There may be issues within a marriage, the wider family, matters of inheritance or other differences. The Covid pandemic did add extra pressures on families, and we are now facing other challenges such as the rise in the cost of living and financial difficulties. It is therefore not unusual for there to be an escalation in differences that can sometimes lead to conflicts and disputes.
It is important that any differences and conflicts are addressed at an early stage, since the longer these are left to fester, the more difficult it becomes to resolve them.
When disputes escalate, then they can either be settled through the process of Mediation or the Judiciary system.
There has been an acknowledgement of the need for amicable settlement of disputes through mediation rather than through the courts. The court system is built on an adversarial premise of winner and loser. The parties also do not have control over the decision of a judge.
As defined by the Centre for Effective Dispute Resolution (CEDR), Mediation is a flexible process conducted confidentially in which a neutral person actively assists parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle and the terms of resolution.
Mawlana Hazar Imam established the Conciliation and Arbitration Boards in 1986 when the Ismaili Constitution was ordained, for the Jamat to be able to resolve differences with speed, fairness, equity and within our ethics and values.
We now have NCAB’s in 19 countries that share Best Practices in the resolution and prevention of disputes. Upon appointment, all the members undergo training in Mediation and Conciliation and acquire Continuous Professional Development through ICAB.
In May 2022, as part of the dispute prevention strategy, based on one of the root causes of family disputes, the International Conciliation and Arbitration Board (ICAB) in collaboration with the Institute of Ismaili Studies launched Guidelines on Ethical Wealth Transfer and Inheritance Planning that are available on the. Ismaili.
The process of mediation is characterised by the notions of impartiality and confidentiality. It is also a voluntary process. NCAB, seeks to achieve, as far as possible, fair and equitable solutions, that are sustainable.
In order to achieve this, the parties are encouraged to be creative in their approach to resolving problems and bear in mind the ethics of harmony, integrity, dignity, equity, collaborative fair dialogue, and reasonable compromise.
The most important aspect of mediation is that the parties arrive at their own solutions, therefore they ‘own’ the solution. There isn’t a winner or a loser.
The following are some benefits of resolving family (and other) disputes through mediation:
- More amicable
- Less stressful
- More cost effective
- Private and Confidential
- Quicker process
- Parties own the solution
- Agreements can be changed through further mediation if circumstances change
NCAB endeavours to assist in all matrimonial and family matters with trained mediators. For further information please contact Chairman Dr Yasmin Dhanji or any Member on NCAB, details are available on iiuk.org
For further information on Family Mediation Week and the Family Mediation Council, please visit www.familymediationweek.org.uk and www.familymediationcouncil.org.uk.
