Thursday, April 30, 2015

Down the Arbitration Drain

Inquirer Biz Buzz featured the deadlock between MWSS and water concessionaires Maynilad and Manila Water on the ruling of an arbitration panel ruling. Perhaps they should shudder at the word arbitrary which means autocratic or despotic,
according to Merriam-Webster.

So unlike mediation, where the MWSS and the concessionaires could have set their own conflict resolution which could have then more chances of being followed.

Wednesday, April 29, 2015

Voting The Chosen One

AFP reported on Hong Kong's "roadmap for leadership elections. That ruling stated that candidates for chief executive must be first be approved by a loyalist committee"
That seems to be a path to perdition!

Disputants are free to choose their own settlement of the conflict, guided by a mediator. Now, that is the way to peace.

Tuesday, April 28, 2015

Sounding Off The Mind

We have all seen affidavits and are familiar with the legalese. One phrase that is often included is "of sound mind," especially when crucial to the affidavit. Such was the bone of contention in a case in Iowa as reported by the New York Times News Service. The husband of a woman with Alzheimer's was accused of raping her in the nursing home. In the end, he was found not guilty.

Present day mediation involves such current issues.

Monday, April 27, 2015

Jumpy to Conclusion

Reuters reported that "coffee spill behind Serbian president's jet scare." It seems "the copilot spilled coffee on the instrument board," and not "engine failure, as blamed initially."

Mediation likewise goes to the root of the dispute, and not just the usual cause/ excuse.

Sunday, April 26, 2015

Babalik-an Ka Rin

Now comes Binay Junior pleading the Supreme Court that all the allegations against him have been blotted out by his reelection as mayor. This injustice is traced to a condonation provision the Philippines had adapted from the United States. At the same time, the AFP reports that the "bookkeper of Auschwitz", ...Oscar Groening, 93, will be tried on 'accessory to murder' charges in 300, 000 cases of deported Hungarian Jews who were sent to the gas chambers, and faces up to 15 years jail,...70 years after the liberation of the concentration camps at the end of World War II." The German arm of the law is certainly longer than that of the Philippine's.

Mediation's coverage is likewise  far-reaching, up to cases pending in the Supreme Court.


Saturday, April 25, 2015

What's In A Name

The name on my birth certificate was Luz Consuelo but I was baptized Lorna.  Light and Consolacion in aloneness! Now comes Mischief Reef on West Philippine Sea where the Chinese are up to its name. Then, the Sablayan Prison with so many irregularities.

Mediation, on the other hand, means intermediary. Enough said.

Friday, April 24, 2015

Another Record

This song could be the theme song of mediation. It goes like this: "Don't be afraid, I can meet you half-way... whenever we imagine"

Truly, mediation could involve fear of the unknown, unbeaten path other than the usual litigious way. Rather, it leads the disputants to compromise toward a fair and win-win settlement of their conflict. That requires a little creativity in deed.

Thursday, April 23, 2015

Wor"l"d Records

Side by side with the news of the expanding reclamation of China over the corrals on the West Philippine Sea, PH mothers dealt with their own bad tidings by putting their babies in ecologically correct cloth diapers. At least, PH is winning in the Guinness Book of Records.

More important is the winning streak of court-annexed mediation. Its success rate ranges from 80-90%!

Wednesday, April 22, 2015

Manghihilo/t

Fr. Jerry Orbos, SVD related this incident in his Sunday Inquirer column. A village healer suddenly lost his clientele when a prankster erased the letter "t" from his "manghihilot" sign on his front door. Fr. Jerry then asked, "Are you one who confuses ,hurts, or disturbs others? Or are you one who comforts, eases and assures others?"

Mediators belong to the second group.


Tuesday, April 21, 2015

Crabby Marriage

Mediation is like counseling for two or more. Couple counseling is one such example. In a Mutts cartoon by Patrick McDonnell, a doctor octopus is counseling two crabs. He says, "You need more time together to get on each other's nerves.  I suggest a horrible vacation at a horrendous location." The crabs reply, "That sounds so romantic! Thanks, Doc."

In actual mediation, you get crabby couples out of those situations!

Monday, April 20, 2015

Senior Mediation Moments

Republic Act 7432 encourages senior citizens to contribute to nation-building. One avenue wherein they can be productive and even prized is mediation. In fact, those silver strands are a symbol of their wisdom. So I tell my hairstylist, "Never say dye."

Sunday, April 19, 2015

Worse, Worst Words

One of my fave songs in "My Fair Lady" was this one re Words, Words, Words. In a Daily Gospel reflection of the Inquirer c/o the Claretian Communications, it said that "four things come not back: The spoken word, the sped arrow, the past life and the neglected opportunity."

Mediation is the opportunity to undo the harm caused by a past spoken word or off-target action.

Saturday, April 18, 2015

A Piece of Your Mind

Father Jerry Orbos' column in the Sunday Inquirer is required reading for me. Once, he quoted somebody as saying, "It is better to give a piece of your heart than a piece of your mind."

That leads to peace in mediation.

Friday, April 17, 2015

Budji budges

Budji Layug of Budji-wara fame straddled the worlds of interior design and hair styling.  The latter he caught while training in London for the former. He is also
a barber chair mediator. In an Inquirer article, he is described thus: "Rather than avoid conflicts or criticisms, he views them as opportunities to share and learn while enriching the project. 'We all have egos, 'he said. 'And that's one thing that's constant. But in terms of creativity, if you want the idea to come out, the ego should step aside.' Rather than focus on I and me, Layug advised his audience to view collaborations as we." True enough, he was then honored by the United Architects of PH.

Precisely what mediation has been proposing all the while! Hail Budji!!!


Thursday, April 16, 2015

Chinese Accord

That's not the Chinese version of the Honda sedan. It refers to the Reuters news item that "China frees 5 women activists...after being taken into custody on the weekend of March 8, International Women's Day, on suspicion of 'picking quarrels and provoking trouble'. They had planned to demons-trate against sexual harassment on public transport."

If only China would submit to international arbitration on her territorial disagreements with her neigh-boring nations!

Wednesday, April 15, 2015

Cooking Lessons of Life

Today, my breakfast companion Kris now with Bimby had cooking lessons which apply to life, too.  You can get burned and have to invest time in both. Just like a restaurant along Banawe Street says, could be "Everything at Steak"!

Mediation knows these situations all too well. Still beats the slow-cooking of our justice system, though.

Tuesday, April 14, 2015

Accused Warden

Who wards off the wardens? The Ombudsman.  The Inquirer reported a case that has been filed against a woman warden who "refused entry to visitors of some inmates who went on a hunger strike during the Pope's visit last January."

Mediators are like the informal Ombudsmen of failed relationships in families, offices, organizations and communities.

Monday, April 13, 2015

Honest Murderer

The Inquirer had this news article about Alex Esquillon, who escaped being tried with other co-accused for the 2001 killing of a man in Baguio City over a P200 bill.  Last year, he got hired as an airport taxi driver, with clearances to boot. Then, he was even commended for returning a laptop left behind by his passenger. Hence, management was surprised to know "that mild-mannered Esquillon was facing a murder charge."

Lessons learned- the reliability of documents being presented to human resources and mediation, for instance. Then, the possibility of turning a new leaf, after falling into bad company, perhaps? Points to ponder and caution...

Sunday, April 12, 2015

Unforgettable Mediator

The "Unforgettable Love" teleserye shot in Beijing shows the female protagonist mediating between her son and his long lost father and an uncle, who is also courting her. Interesting! Then, there are her parents and her now husband-father of her son, herself and her mother-in-law/ estranged father of her husband et al. All the while, she is working with her son's uncle in competition with her husband's business. Whew!

This situation is replicated in mediation all over this planet. Not as estranged as fiction?

Saturday, April 11, 2015

Meeting Target

Following the rule to start (and end) the day light, nothing beats watching Kris TV. The other day, she tried her hand at archery. Her difficulty, she admitted was in letting go, which led to missing her target.

How like the downfall of some disputants in mediation- whether it involves ego, money, property, power or prestige.

Friday, April 10, 2015

Forgiveness on the Cross

Truly the Greatest Mediator, Jesus Christ even asked forgiveness from His Father for His torturers.

If only disputants are as forgiving, perhaps there would be less need for mediation.

Thursday, April 9, 2015

The Greatest vs. Anti-Selfie

The British Royal Princes were in AFP news recently. Prince Charles visited Muhammad Ali's Louisville hometown and was called "the greatest" too. Prince Harry on an Australian trip showed a thing for the past, too. He said, "No, I hate selfies...Just take a normal photograph." Truly both are caught in a time warp.

Socio-cultural differences aside from financial considerations are often the subject of mediation.

Wednesday, April 8, 2015

Journaliars

Reuters report that "Thai junta leader Prayuth Chan-ocha lashed out at journalists..., saying he would 'probably just execute those who did not report the truth.'" That would be literally shooting the (lying) messenger.

Like in the Rorschach, grip on reality is crucial anywhere.  Like in mediation.

Tuesday, April 7, 2015

Pre-judice Sub-judice

Prejudice is defined by Merriam-Webster as an opinion made without adequate basis, just like the Jews scoffing at Jesus Christ, as "the son of a carpenter" or Marcos calling Edgar Jopson as "the son of a grocer." So similar to sub-judice, which means "before a judge or court; not yet legally decided."

Mediation often involves prejudice and other social infractions. Mediation can also deal with cases already filed in court.

Monday, April 6, 2015

Desiderata

At the beginning of the Church liturgical  year, best to come up with a resolution after all the reflection of the past Holy Week.  Desiderata comes to mind- "As much as you can, be on good terms with one another."

Otherwise, mediation makes sure you and the other side of the conflict come up with good terms toward its resolution.

Sunday, April 5, 2015

Dog Gone

Waiting for the televised Easter Vigil Mass last night, was distracted by Alex, my  aspin.  He was barking at other dogs, while he was inside our yard.  Turned out, two of the neighbors' dogs crashed his turf. Snow White and another dwarf white dog squeezed themselves in through the gate's grills. Dumb Dwarf couldn't let himself out, though and needed to have the gate opened for it.  Then, this morning had another message from change.org re pit bulls, German shepherds and rottweilers not covered by household insurance in most states like California. These breeds are hence more likely to be sent to animal shelters and most likely put to sleep. Sigh

This breed-specific discrimination among dogs is nothing compared to other biases of human beings.  That is why we have mediation.

Saturday, April 4, 2015

Pinoy Linggo

Actually advanced Easter thought. With the current theme of "pagpapatawad," I recall a smart-alecky vendor from whom I was asking a discount. She replied that there's no need, I had not done her any wrong! Then, the Inquirer cartoon Tunganga had this quote,"Bayad ho yung bata?" The poor child wailed, " Mama, wag mo ko ibayad magbe-behave na ako!" Only in the Philippines!!!

Graver misunderstandings than these have reached mediation. The mediator then acts like a moral translator of sorts.

Friday, April 3, 2015

B. C.

It means Before Christ, not in keeping with the Holy Week, but am ashamed to admit, the Inquirer's cartoon. It asked "the best way to prevent hangovers?" Answer: "A well remembered precedent."

Hicfully, we learn from our mistakes.  Mediation does not need a round two.






Thursday, April 2, 2015

TRO or False

TROs are going two and fro Makati City Halls 1 & 2. Embattled Mayor has burrowed into his expensive office. Vice Mayor is based in the old City Hall when life was simpler.

Mediation needed badly between the Ombudsman and the Court of Appeals!

Wednesday, April 1, 2015

Suspense Yun Order

Suspension orders are often just that- keeping order in suspense!

Mediation, on the other hand, keeps the order.