An analysis of the opening statement building on areas of agreement
The Prosecution is ready to request special measures pursuant to Rule 88 of the Rules of Procedure and Evidence whenever appropriate, and we are confident that the Court will implement such measures whenever necessary.
The evidence will show the operational support provided by Uganda. He described the terror experienced by child soldiers allegedly recruited by Mr. Generally they have no prior relationship to the parties, and are hired by the joint decision of the parties.
Mediation opening statement examples
You said a while ago that the operations commander, Bosko, comes to see you regularly. It was well known that if you escaped and were caught you were beaten. Fourth, the mediator can help the parties to clarify the criteria that will guide their choice of strategies. Children were used as bodyguards. Mediators can help make the parties aware of existing deadlines, or help parties establish deadlines as needed. He set off to send for training to Kyankwanzi in Uganda, not only the child mutineers, but any soldier he could get his hands on. Second they can help the parties explore the range of possible, probable and acceptable outcomes. President, your Honours, let me explain the meaning of participating in hostilities using again the voice of the children. You will also see Bosko Ntaganda, one of the co-perpetrators, still at large, wearing purple. Thoughts are coming to me now. One of our witnesses will describe how he observed daily examples of his commanders raping girl soldiers. Such complex operations moving hundreds of children around all these camps reflect the sophisticated organisation that Thomas Lubanga managed. Legislation has been passed at the federal and state levels encouraging the use of mediation and executive orders have also mandated the development of alternative dispute resolution procedures in U.
Late intervention may allow the issues to develop more fully, and the disputants to have exhausted their desire and ability to continue the conflict. It was well known that if you escaped and were caught you were beaten.
Importance of opening statement in mediation
When negotiation teams are present, mediators will need to pay attention to the interpersonal dynamics within as well as between the parties. Finally, after these steps have been taken, the mediator must secure the parties' commitment to mediation. This commitment may range from an informal oral agreement to a formal written contract, depending upon the situation. Assisting the parties' in identifying their BATNAs can also help to close any gap between the parties settlement ranges. This formality is a necessary way of showing respect in more hierarchical cultures. You will hear Prosecution witnesses describe the parachuting of weapons and ammunition from Rwanda planes around the military training camp at Mandro and explain the connection between Bosco Ntaganda and the Rwandan authorities. He knew he was breaking the basic rules that the world established to protect those with the least power among us: Little children. Social network mediators are usually respected members of the community who have existing relationships with the parties. After the conflict data has been collected, it must be used to develop an interpretation of the dispute. President, your Honours, the evidence will show that from the 1st of September onwards, Lubanga and his co-perpetrators, with the goal of maintaining and enlarging their control over the area, launched attacks against the Lendu, the other large community living in Ituri, who had also formed militias. Of course, you need to avoid being misleading, and also know that using a non-probative image can open your graphic to attack from the other side e. Fourth, these data collection activities should be coordinated within a larger data collection strategy.
Ugandan officials offered to provide him and his followers with training. After the conflict data has been collected, it must be used to develop an interpretation of the dispute.
For example, a picture of hands shaking is often used when attorneys talk about contracts.
When the parties have unequal power the mediator may need to balance their powers. Issues may be recast in more general or specific terms, may be redefined, or may be appealed to an independent authority.
An opening statement in a mediation is made by
In such cases mediators structure the negotiations to suppress emotions, and may even resort to a kind of shuttle diplomacy. Direct methods include questioning the parties, and brainstorming. First, she must build credibility with the disputants. Lubanga, an educated Hema leader, at the time a minor member of the Ituri Assembly, saw his chance, his opportunity. Mediators must also be attentive to nonverbal forms of communication and miscommunication. If you refuse, they will say that you refused to follow orders and they will beat you. Many cultures avoid direct confrontation, and will describe conflicts in indirect, oblique terms, or even in third-person terms. They demanded that Lubanga be allowed to remain in Ituri and that his nine associates be freed in exchange for the minister. After final bargaining the rough agreement must be formalized and an implementation and monitoring plan developed. The children were launched into battle zones where they were instructed to kill everyone regardless of whether their opponents were military or civilian, regardless of whether they were men, women, or children. Where the parties have an established relationship, they may proceed by ratifying the status quo, that is, by specifying which elements of their current relationship they would like to continue in the future.
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