Nature of Cases & their Root Causes
It is the rule of the jungle: eat or be eaten but for human beings, the famous psychiatrist and academician, Thomas Szasz, said the rule is, define or be defined. We live in a world where conflicts and disputes are inevitable and often we ask ourselves what are the nature of these conflicts/disputes and what are the root causes for these conflicts/disputes?
The International Conciliation and Arbitration Board (ICAB) tracks cases that come to the CABs globally in the following categories:
- Commercial or Financial Cases: these are cases that involve partnership disputes; employer & employee disputes; land sale/purchase disputes; landlord & tenant disputes; general land disputes such as trespass, nuisance, water rights, mineral rights, boundary and others; disputes in which loans are given out either by individuals or institutions and disputes pertaining to intellectual property such as copy right infringement and patent infringement.
- Matrimonial Cases: these may include disputes in the context of engagement and during the marriage itself and the causes are: incompatibility; in-laws/extended family problems; infidelity resulting in, or contributing to, the marital (or engagement) problem and; post-divorce (or post–separation) dispute such as insufficient child support, insufficient spousal maintenance/alimony, parenting plan, child custody, meher and others.
- Family Cases are also common in the nature of: inheritance and estate issues; burial issues; health or care of the vulnerable, and support of the non-vulnerable such as siblings, adult child and others.
- Social Conflicts: are one of the most sensitive ones that present in the form of: misrepresentation; defamation; physical harm; property damage; harassment; embarrassment; theft; nepotism and others.
ICAB believes in empowering and training its mediators to understand the root causes of the cases shared above so that a mediator not only can be well equipped in dealing with them but can also play it back to the other Jamati institutions so as to eliminate the root of conflict before it emerges into a giant tree.
Examples of root causes for case categories above are provided below: –
Commercial or financial Cases:
- Poor documentation;
- Unethical intentions;
- Financial distress and;
- Non-financial distress.
- Extended family and in-laws;
- Financial issues;
- Health issues and;
- Misrepresentation/concealment prior to marriage (or engagement).
- Inheritance and estate issues;
- Burial decisions;
- Health care or care of the vulnerable and;
- Support of the non-vulnerable.
- Unethical practices;
- Historical tensions between individuals or families;
- Personality differences;
- Substance abuse;
- Health issues;
- Control of children;
- Pride and;
Mahatma Gandhi said, “An eye for an eye will only make the whole world blind.” The Conciliation and Arbitration Boards globally have a mandate to watch out for the root causes in order to share or play back to the other Jamati institutions such as the Social Welfare Board, Economic Planning Board, Youth/Women’s Portfolio, Health/Education Boards. This play back enables institutions concerned to play an active role in preventing cases of this nature and empowering/training parties to deal with them in an amicable and mutually beneficial manner when they occur.
If you have any questions or have an issue and would like to speak to a member of the Conciliation & Arbitration Board (CAB), please feel free to contact any CAB member. Our contact information has been placed on all Jamatkhana notice boards.