REFORM held a coordination meeting with its partners, the Ministry of Justice and the SAWASYA II Programme: Promoting the Rule of Law in the State of Palestine, to discuss the results of the project "Enhancing Access to Justice through Alternative Dispute Resolution and Early Response Mechanisms." Although the project ended two months ago, its impact on promoting alternative conflict resolution methods in Palestinian society has been significant.
The meeting was attended by Ms. Maysa Hamarsheh, Director General of the General Administration for Alternative Dispute Resolution at the Ministry of Justice, Mr. Mamoun Al-Atili, the SAWASYA II Programme: Promoting the Rule of Law in the State of Palestine at the United Nations Development Programme, United Nations Entity for Gender Equality and the Empowerment of Women, UNICEF, Mr. Oday AbuKarsh, General Director of REFORM and Mr. Nadim Qandil, Projects Officer.
At the beginning of the meeting, Mr. Oday AbuKarsh greeted the partners and highlighted their crucial role in the project's success, which contributes to promoting civil peace through official and community efforts. Following that, Mrs. Maysa Hamarsheh affirmed that these actions align with the Ministry of Justice's guidance to create a fair and equal society that safeguards rights and freedoms. Furthermore, Mr. Al-Atili emphasised the achieved progress and stressed the need to collaborate with various authorities to overcome challenges. He also stressed the importance of spreading awareness and educating citizens about alternative dispute solutions, while considering the advancement of the arbitration diploma as an educational milestone.
Next, Mr. Qandil updated the partners on the project's accomplishments throughout the year. REFORM’s team, working together with partners, successfully completed a detailed arbitration guide. This guide aims to make alternative dispute resolution methods easier to grasp and utilise. It stands as a valuable resource offering citizens clear directions on arbitration procedures and playing a significant role in raising awareness about its significance.
Additionally, three studies were prepared throughout the project’s implementation period. The first one examined how community arbitration and mediation units, drawing from chamber of commerce experiences, could benefit local authorities. The second study investigated women's involvement in arbitration and alternative dispute resolution in Palestine, along with the challenges they face. The third study concentrated on the value of employing alternative dispute resolution methods in C Areas due to the restricted Palestinian legal jurisdiction in those regions.
As part of its awareness-raising goals, an extensive awareness-raising campaign was carried out to introduce the concept of alternative dispute resolution to the public. This effort included launching a campaign with over 35 educational messages and 9 videos. These materials aimed to explain arbitration procedures and enhance citizens' understanding of using alternative methods to solve disputes. The campaign reached over 80,000 people through REFORM and partner institutions' social media platforms. Additionally, the educational videos were viewed by more than 54,000 individuals. The impact of the REFORM media campaign on social media platforms in improving people's grasp of alternative dispute resolution methods was assessed. Almost 74% of respondents acknowledged that the campaign significantly improved their understanding of ADR, rating its influence as good to very good. On the other hand, 24% perceived the campaign's effect as acceptable or weak in terms of enhancing knowledge.
As part of its efforts, REFORM organised four webinars that covered various regional and international experiences in arbitration and alternative dispute resolution. These webinars were beneficial for 218 individuals either practicing alternative dispute resolution or considering entering this field. The webinars focused on topics like "Tunisian and Saudi Approaches to Arbitration and Judicial Mediation," "Using Arbitration and Mediation for Resolving Business Disputes: Insights from Egypt and Jordan.”
To gauge the impact of these interventions in enhancing practitioners' awareness of alternative dispute resolution, REFORM conducted a survey. The results indicated that 81% of participants showed a willingness to use arbitration and mediation for resolving potential future disputes. Meanwhile, 10% favoured alternative methods, and 8% remained neutral or unsure about their preferences.
Throughout the project's timeline, five radio episodes were broadcasted on REFORM’s radio programme, entitled “Citizenship Issues Under a Microscope,” every Wednesday on Raya FM. These episodes delved into different aspects of arbitration and alternative dispute resolution and aimed to shed light on how arbitration and ADR can address the challenge of crowded courts, with an emphasis on their significance in alleviating the judicial backlog. Another episode explored "Arbitration and its Contribution to Justice," underscoring how arbitration eases legal burdens and resolves disputes. This particular episode highlighted the value of specialisation in arbitration, enabling parties to choose an arbitrator well-versed in the specific subject of their disagreement. Moving on to the third episode, it focused on "Arbitration in Palestinian Court Rulings." The fourth episode honed in on "The Role of Arbitration in Upholding Justice," particularly discussing the conclusive nature of arbitration decisions. It emphasised the crucial requirement of fairness in arbitration processes, especially as arbitration extends beyond business and investment disputes to encompass matters typically handled by the courts. This expansion raises inquiries about its impact on equal access to justice. In the fifth episode entitled: "Advantages of Arbitration as Judicial Support," the spotlight was on the benefits of arbitration in dispute resolution. It underscored the importance of thoughtfully assessing when arbitration is suitable and applicable for specific matters. Additionally, the episode aimed to raise public awareness about arbitration's efficiency and advantages.
To help partners better connect with providers of alternative dispute resolution services, REFORM prepared a technical report. This report seeks to build a database of professionals skilled in ADR methods. The report has been shared with the Ministry of Justice and outlines the fundamental requirements for setting up this database. The Ministry is anticipated to utilise this report to establish a comprehensive registry of registered arbitrators.
Moreover, REFORM conducted 15 days of training sessions, distributed over three training groups, i.e., 75, 30 females and 45 males, to enhance expertise in alternative dispute resolution and conflict management strategies. The training encompassed mechanisms for conflict analysis and transfer. The trainings concentrated on conveying fundamental human rights principles to law enforcement personnel, adhering to global human rights norms. The participants were educated about women's and children's rights under international and national treaties. The trainings also addressed the issue of societal violence against women and children in Palestine, delved into methods of resolving conflicts through alternatives, tailored for children and women in the region, and stressed the importance of maintaining women's and children's privacy and human rights in alternative dispute resolution techniques. They also identified barriers that can hinder the effectiveness of these approaches. The trainings aimed to improve participants' comprehension of the link between women's and children's rights and arbitration. They sought to promote human rights values amongst both society and conflicting parties, while also empowering women within the society.
Concluding the project, a conference entitled: "Alternative Dispute Resolution in Palestine: Enhancing Access to Justice and Security" was organised. The event drew 192 attendees, including 79 women and 113 men. The conference brought together numerous local partners, practitioners and experts in alternative dispute resolution methods, as well as representatives from local authorities and women's organisations. Notable figures present His Excellency Dr. Mohammad Al-Shalaldeh, the Minister of Justice; Her Excellency Dr. Amal Hamad, the Minister of Women's Affairs in Palestine; Dr. Khaled Ishtayeh, the Assistant Undersecretary for the Local Bodies Affairs at the Ministry of Local Government; and Dr. Christopher Decker, the Director of the SAWASYA II Joint Programme. Legal experts specialising in conflict management and resolution, arbitrators and practitioners of ADR methods also participated.
To enhance collaboration and harmony between the formal and traditional justice systems and to make them more effective, REFORM consistently arranged coordination meetings involving diverse stakeholders and government bodies. Two specific meetings concentrated on "Enhancing Access to Justice through Alternative Dispute Resolution" with the Supreme Judicial Council. These sessions were aimed at refining dispute resolution methods and alleviating the load on the judicial system. A follow-up meeting took place with the Supreme Judicial Council, building upon the outcomes of the initial session. The objective was to address recommendations arising from the previous meeting and bolster access to justice. Conversations zeroed in on challenges faced by the Supreme Judicial Council, including an uneven ratio of judges to cases and limited justice accessibility for marginalised communities. Also, the necessity for a protocol governing the interaction amongst parties involved in implementing dispute resolution via alternative means was highlighted. Collaborative agreements were reached to create a comprehensive guide on arbitration for alternative dispute resolution practitioners and judicial mediation procedures. This initiative aims to enhance access to justice and raise public awareness of alternative dispute resolution. The objective is to integrate ADR mechanisms into the formal justice system and legitimise them, paying special attention to safeguarding the rights of women and children.
In addition, another meeting was conducted in partnership with the Ministry of Justice and the Ministry of Local Government, addressing the importance of establishing arbitration units within local authorities. The effectiveness of these units in addressing disputes between citizens and local government bodies was discussed. At the meeting's conclusion, challenges that impacted the project's optimisation were discussed. The project aimed to maximise its desired benefits by addressing issues such as the limited participation of women in the field of arbitration and alternative dispute resolution. Furthermore, the project aimed to address the shortage of female arbitrators listed in the Ministry of Justice's records. In moving forward with the development of the arbitrators' database, challenges included the age diversity of arbitrators and the absence of a youthful component. Other challenges discussed encompassed the lack of comprehensive information about arbitration and mediation systems for the participants. The absence of a legal framework supporting the referral of cases by judges to arbitration practitioners was highlighted. Another point of focus was the endorsement of arbitration decisions by the judiciary. The discussion also highlighted the challenges tied to prevailing cultural norms, especially in regions outside Palestinian security control.
To address these challenges, the participants reached an agreement on several measures. They decided to reinforce awareness-raising campaigns, aiming to broaden citizens' reach and engagement with these initiatives. Additionally, they resolved to delve into the significance of introducing a specialised diploma in arbitration. Collaborative efforts with the Ministry of Local Government and local authorities will continue, with a focus on establishing arbitration chambers within local authorities. The commitment to further develop the arbitrators' database remains a priority, and continuous interaction with official judicial bodies is planned to enhance synergy in their operations.
