Obituaries

Shipman, John

doi:10.1080/03068370903195436

Cited by 1 publication

(1 citation statement)

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“…Additionally, there is also a transformative model of mediation, 63 which includes narrative and therapeutic models. 64 Due to the broad range of mediation models, the predictability criteria may be met by providing the necessary details in mediation rules and standards, to address the role, rights and duties of the mediator and the scope of the principle of selfdetermination.…”

Section: Predictabilitymentioning

confidence: 99%

Creating an Effective Mediation Scheme for Business-Related Human Rights Abuses: The Case of Ukraine

Mazaraki,

Tsuvina

2023

Bus. and hum. rights j.

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Non-judicial remedies for corporate human rights abuses have a viable and complementary role to judicial remedies in mature jurisdictions, although in Ukraine the ‘bouquet’ of effective remedies is more of a still-life. The national mediation community is gaining momentum and the authors argue that mediation may take place within state-based non-judicial remedies when institutionalized by the office of the Ombudsman. The objective of this article is to scrutinize the rule of law, access to justice, and the effectiveness criteria of the UNGPs with regard to mediation. The authors conclude that mediation can meet all of the effectiveness criteria requirements and special effort should be devoted to addressing the challenges of power imbalances between parties, the confidential nature of mediation and the public demand for transparency, to ensure that mediation outcomes are in accord with internationally recognized human rights. Based on the findings, the authors suggest that a state-based business and human rights mediation scheme, in line with the UNGPs’ effectiveness criteria, should have its own three pillars, namely, accessibility, availability and awareness, with quality assurance as its cornerstone.

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Section: Predictabilitymentioning

confidence: 99%