Starbucks and Workers United union agree to mediation talks, Canadian ADR institution to implement updated rules
Lisa Rodger
Mediation Manager at TBG Mediation Let me help you find an accredited civil mediator anywhere in England and Wales at a fixed fee price
THE HOT STORY
Starbucks and Workers United union agree to mediation talks
Starbucks and Workers United, the union representing workers at more than 500 company-owned outlets across the US, have decided to engage an outside mediator to restart stalled bargaining discussions.?In a joint statement, the two sides said that they had made progress over the last nine months, and that they were “committed to continuing to work together — with a mediator’s assistance — to navigate complex issues and reach fair contracts.”?Michelle Eisen, a longtime Starbucks barista who has helped lead the organising, said: “We are optimistic that Starbucks will move off of their fixed position on wage and benefits improvements in this next phase of negotiations.”? A Starbucks spokesman declined to comment beyond the joint statement.
ALTERNATIVE DISPUTE RESOLUTION
Canadian ADR institution to implement updated rules
Canadian alternative dispute resolution institution ADR Institute of Canada (ADRIC) is to update arbitration rules in March that will cater to domestic and international arbitration as well as streamline institutional support.?“The new Arbitration Rules reflect two years of thoughtful discussion and analysis by a committed group of arbitrators and arbitration counsel representing all regions in Canada,” said William G. Horton, committee co-chair and discussion leader. “Their focus has been on providing a framework for arbitration as a means of resolving disputes in a full, fair and final manner using up-to-date arbitration procedures and streamlined institutional support when needed.”
National Alternative Dispute Resolution Policy approved in Uganda
Uganda's National Alternative Dispute Resolution Policy has been approved by the country's cabinet. The Minister for Justice and Constitutional Affairs, Norbert Mao, said: “I’m pleased to announce that yesterday, Monday 10th February 2024, the Cabinet unanimously approved the National Alternative Dispute Resolution Policy. The policy is a roadmap to popularise ADR in the resolution of disputes. This will reduce case backlog in our courts.” Further details on the implementation of the policy are expected to be announced by the Ministry of Justice and Constitutional Affairs in due course.
MEDIATION
Cryptocurrency disputes need mediation
Writing for The Barrister Group blog, Dr. Georgina Tsagas considers the uniqueness of cryptocurrency disputes when compared to other disputes due to the technology’s complexity, the decentralised nature of blockchain systems, and the evolving regulatory environment in which cryptocurrencies operate. She says Alternative dispute resolution (ADR) mechanisms such as mediation are particularly useful for resolving disputes involving cryptocurrencies due to the various reasons appertaining to the unique features of such disputes.
Mediation gains traction in India
India is embracing mediation as a dispute resolution strategy, as courts in the country increasingly endorse the practice. Tripura High Court Justice Arindam Lodh told a Mediation Training Programme for Expert Mediators at an event organised by the Mediation and Conciliation Project Committee (MCPC) at the Judicial Academy in Narsingarh that “The presence of esteemed Justices today underscores the importance of mediation as a preferred mode of dispute resolution in our justice delivery system.” He also noted that “With trained mediators we can solve disputes at an early state reducing the emotional and financial stress on litigants and promoting a more cooperative legal environment."
How the United Kingdom and Greece 'regulate' mediation
Writing for The Barrister Group blog, Dr. Georgina Tsagas takes a look at the mediation of cross-cultural disputes, and?compares how two jurisdictions -?the United Kingdom and Greece, a common law and civil law jurisdiction respectively - ‘regulate’ mediation. The author notes that the adaptive soft-law/guidance approach that characterises key parts of the English legal system contrasts with the fixed hard law/regulation approach that characterises key parts of the Greek legal system.
NEGOTIATION
'Feminine' negotiation strategies are a strength in the boardroom
Rebecca Ponce de Leon, Assistant Professor in the Management Division of Columbia Business School, along with Anyi Ma, assistant professor of management at the University of Wisconsin-Madison and Ashleigh Shelby Rosette, the James L. Vincent Professor of Leadership at Duke University, have carried out a survey which found that women are more likely than men to avoid expensive impasses during negotiations. Their findings come amid a renewed focus among CEOs and other business leaders on so-called "masculine energy." Ponce de Leon observed: "For years and years now, the narrative has been that women should behave more like men to get ahead and to be successful. But these findings illustrate that there is a place for more traditionally feminine and communal behaviours at work, and that they can be a source of strength and strategic advantage for our workplaces.”
UK and EU set for negotiations
The Daily Telegraph The Times
British and European officials are set to commence formal negotiations aimed at "resetting" the UK's relationship with the EU ahead of a summit on May 19. Nick Thomas-Symonds, the Cabinet Office minister overseeing EU negotiations, will meet with European counterpart Maros Sefcovic to discuss key issues such as security cooperation, fishing rights, and food export checks. Thomas-Symonds stressed the UK's commitment to "ruthless pragmatism" in moving beyond the current Brexit agreement, saying: "It is through a new partnership between the UK and the EU that we will deliver for the people of the United Kingdom." The negotiations are expected to lead to a political declaration, paving the way for a new legal trade and cooperation agreement, although a final deal is not anticipated by May. The EU is seeking concessions, including a youth mobility scheme and fishing rights, as part of the negotiations.
Trump eyes Ukraine's mineral wealth
Ukraine is negotiating a deal with Donald Trump to secure continued American military aid in exchange for developing its mineral industry, particularly its rare earth elements. Andrii Yermak, chief of staff to Ukrainian President Volodymyr Zelenskyy, said: “We really have this big potential in the territory which we control.” The rare earth elements are crucial for various technologies, and Ukraine's untapped resources could provide a significant advantage. However, the industry faces challenges, most obviously due to the ongoing war, but also because of insufficient geological data.
领英推荐
DISPUTE RESOLUTION
Arbitration is poised for continued transformation in 2025
Writing for The Barrister Group blog, Divya Kesar takes a look at how the field of arbitration in England and Wales is poised for continued transformation in 2025. She writes: "The evolving nature of arbitration law, influenced by both domestic and international forces, demands a thoughtful and strategic approach from all those engaged in its practice. With each new challenge comes the opportunity for growth, adaptation, and the further evolution of arbitration as a trusted means of dispute resolution." The author also explores the key themes that shaped the arbitration landscape in 2024, observing that arbitration's necessary delicate balance between flexibility and certainty "was rigorously tested and refined through a series of landmark developments" last year.
Resource conflict resolution initiative supported by former oil executives
A new global advisory council aims to address increasing societal and geopolitical conflicts related to disputes about natural resources. Chad Holliday, former chair of Royal Dutch Shell, former chair of Bank of America, and former CEO of DuPont, as well as Mark Cutifani,?former CEO of Anglo American, current chair of Vale Base Metals, and former CEO of AngloGold Ashanti are among industry figures appointed to the council. Dr. Kandeh K. Yumkella,?former UN Under-Secretary General and chairman of the Presidential Initiative on Climate Change, Renewable Energy and Food Security in Sierra Leone, said: “We are delighted to welcome these illustrious figures to our global advisory council. Geopolitical tensions, climate change, societal polarisation and distrust may lead to more and more conflict over natural resources in the years ahead."
AI-powered arbitration service to lower costs
Fortuna Arbitration, led by Harvard Law School student Kimo Gandall, computer scientist Kenny McLaren, and lawyer Brian Potts, has launched the first end-to-end AI arbitration system, Arbitrus.ai. The platform aims to significantly reduce the cost of dispute resolution. The company uses a multi-layered approach combining classical machine learning, human-driven reinforcement training, and large language models. The system processes cases through several stages, including initial processing and classification using voting ensemble models, legal reasoning and analysis using large language models, response verification and checking through a proprietary agentic system called Ra.ai, and human review of outputs.
AB InBev takes on Peru over tax bill
Global brewing giant AB InBev has filed an arbitration challenge to the Peruvian tax authority’s attempts to recover an outstanding tax bill and its refusal to allow refunds. A UK subsidiary of the Belgium-headquartered beer maker and two Peruvian companies which it owns filed the case on 23 December at the International Centre for Settlement of Investment Disputes (ICSID).
FAMILY DISPUTES
Family court pilot scheme expands
The Pathfinder Pilot scheme, aimed at expediting family court processes and supporting victims of domestic abuse, is set to expand across Wales and into West Yorkshire. Launched in 2022, the initiative has successfully reduced the average case duration from 29 weeks to 18 weeks in North Wales, with the Ministry of Justice reporting a significant decrease in pending cases. The scheme prioritises early resolution and children's voices, with plans for full implementation in Wales by March 2025. David Gareth Evans, a family law barrister, noted that the quicker process is beneficial for families, reducing stress and costs associated with prolonged litigation. The initiative is supported by a ￡12.5m funding boost from the Ministry of Justice.
WORKPLACE CONFLICTS
Asda workers on cusp of winning equal pay battle
City AM Daily Mirror The Guardian
Thousands of Asda workers, predominantly female, have advanced in a long-standing equal pay case that could cost the supermarket ￡1.2bn. The GMB union said that the workers are "on the cusp of justice" following a Manchester employment tribunal ruling that found 12 out of 14 lead claimants held roles of equal value to their male counterparts in warehouses. Law firm?Leigh Day said it was considering an appeal over the two claims that were dismissed. The ruling could have broader implications for the supermarket industry, with potential compensation claims reaching ￡8bn. Asda has denied any discriminatory pay practices, asserting that retail and distribution have distinct pay structures.
Retail strike in Finland looms
Finland's Service Union United PAM has announced a potential strike, set to commence next week if mediation fails. The logistics?strike?in the retail sector is scheduled to begin next Monday, with a store?strike?starting on Wednesday. Risto Kalliorinne, PAM's organisational director, advised that "it's probably not a good idea to leave shopping until the last minute," because shortages and store closures may occur. Approximately 70,000 employees across 3,000 sites, including major retailers like S-Group and Lidl, are expected to participate.?PAM is also engaged in a labour dispute in the ski resort sector. It has imposed a ban on overtime and shift changes for ski resort?workers?since early February.
Commuters in Berlin face disruption
The Local Germany
U-Bahn, trams and buses in Berlin were at a standstill for 24 hours from? Monday morning after the Verdi labour union called on its members to take part in strike action to increase pressure on Berlin’s transport operator BVG amid a dispute over pay and conditions.?The union argues that BVG's latest wage offer, an average increase of 15.3% over four years, would lead to a "significant loss of real wages for employees." Verdi is demanding a raise of at least 25 to 30%. It is the second 24-hour transportation?strike?in the German capital in two weeks.?
INTERNATIONAL DISPUTES
Congo conflict resolution sought as rebels gain more ground
A joint summit took place at the weekend to try to negotiate a solution to the conflict in eastern Congo, amid ongoing advances by the M23 rebel group.?Tanzania’s President Samia Suluhu Hassan observed: “History will judge us harshly if we remain still and watch the situation worsen, day by day.” The United States has threatened to implement sanctions against Rwandan and Congolese officials if an end to the fighting is not effected. The rebels have expanded control over coltan, gold, and tin ore mines in North Kivu province.
For tailored mediation solutions that meet your needs, please contact us on 01823 704 099 | [email protected] | thebarristergroup.co.uk/mediation