Dispute resolution - the Asian way

As South Africa increasingly looks into arbitration and mediation as a means of dispute resolution in its judicial system, experts have advised the country to look towards Asia for inspiration. Speaking in Cape Town recently, Vasu Gounden, founder and executive director of the African Centre for the Constructive Resolution of Disputes (ACCORD), said countries like China and Japan had strong mediation cultures – a boon in the light of increased trade with the West. “Arbitration and mediation are extremely effective in resolving cross-border disputes in that they are a fair, non-confrontational and systematic resolution of conflict,” he said. “In China arbitration is the first step in solving conflict. In Japan the promotion of mediation is founded on principles of harmony that date back centuries to the growing and sharing of rice. Arbitration helped shape their current legal framework and is one of the most popular and effective methods used in resolving disputes.”