 |
| Immigration Conflict Resolution and Dispute Resolution through Mediation-Alternative Dispute Resolution Technique |
Immigration Conflict Resolution and Dispute Resolution through Mediation-Alternative Dispute Resolution Technique
AUTHOR: BAHA RANI MURMU
Migration has been a common human phenomenon for civilizations. The development in cross-border trade, business, and economics with the involvement of technology has made this world more accessible and smaller for traveling or settling around the nations. People migrate for many reasons.
Consequently, it raises certain rights and duties, both on the side of migrants and the host countries. Minor disagreements can pile up and give rise to disputes or issues and, therefore, must be resolved as early as possible.
----------------------------------------------------------------------------------
----------------------------------------------------------------------------------
What are Immigration Issues?
To settle anywhere takes time, and it is the liability of the host country to make sure the immigrants integrate with the society, and therefore should formulate policies accordingly. To enlist some of the issues that an immigrant may face are:
Absence of some Rights: Immigrants travelling to other nations might not get some rights that are exclusively for their citizens. This may isolate them in the country they have migrated to.
Language Barriers: This is one of the most critical issues that must be tackled relatively and adequately. Necessities like transportation, housing, employment opportunities, etc., depend heavily and become inaccessible if migrants do not know a language that is understood by most.
Passport and Visa Barriers: It is the most common issue a migrant faces. A migrant is required to keep his visa up to date otherwise he may face legal charges from the host country. The passport should also be valid.
Cultural differences: Cultures are embedded in people's daily lives, and it is mostly the onus of an immigrant to accept the host country's culture for a peaceful settlement. Though, it is also the role of the people of the host country to be understanding and accepting of the cultures of the immigrants and give them space and time for integration on their own. Intercultural differences may cause misunderstanding among the parties and deteriorate their relationship.
Family Issues: In migration due to employment, extended family members mostly stay in their native countries only, and sometimes, even spouses choose to live apart in different countries. Cases related to the upbringing of children, divorces, or marriages with a spouse in another country may all fall under these categories.
Relationship among States: With the world becoming smaller, the geopolitics engulfing States play a significant role at the international level. Relationships among States need to be friendly for a peaceful settlement. It has become more effective after Ukraine -Russia War in 2022.
----------------------------------------------------------------------------------
Read Article-What is Mediation and Steps Involved in Mediation
----------------------------------------------------------------------------------
Alternative Dispute Redressal (ADR) as a mechanism for solving Immigration Issues
Alternative Dispute Resolution means dealing with disputes outside the courts. Some different types of alternative dispute resolution are Negotiation, Mediation, and Arbitration.
These methods focus more on restoring the relationship between the parties. Also, unlike court hearings, parties have the autonomy to have the final say. If this method does not work, they may go to court for formal hearings.
Immigration Issues like family matters, intercultural differences, and passport/visa issues are inevitable, and in these cases, ADR plays a vital role. An alternative dispute resolution mechanism provides a platform for parties to come together and resolve their disputes themselves instead of vesting all their interest to a judge.
Benefits of ADR in Immigration Issues
ADR in Immigration Issues brings people together and lets them resolve their problems themselves. These processes are client-driven, primarily parties talking and discussing the issue.
Third parties are involved in determining a possible zone of agreement, like a mediator, arbitrator, or negotiator, who facilitates the parties to come together and resolve the dispute. Rember, third parties only help them to come to a common point. The decision is always taken by the parties.
Mediators or negotiators are very helpful in cases where parties react readily to emotions as they help keep the parties on track. These processes are also time effective.
Mediation as an option in Immigration Issues
Mediation is a form of ADR mechanism in which a neutral third party facilitates and assists parties in coming together and resolving their disputes. A mediator, through their skill, asks and drives the parties towards solution-oriented discussion and lets them talk about their problems themselves and overcome them.
The mediation process is familiar, and many countries practice it in their home countries, the idea of inter-State mediation is still at its nascent stage, and Singapore Convention is only a step forward for the same. Intercultural Mediation is one such practice mainly followed in Europe to resolve disputes arising out of the misunderstanding of the cultural practices of the parties.
Mediation in Immigration Issues allows parties to discuss their matters so they can avoid lengthy litigation. An immigrant who is new to the place is benefitted from this process hugely. The process allows him to express himself in front of the Mediator as the process is confidential. Finally, the parties decide their own case and the mediator helps them to reach the solution.
Who governs Mediation in Immigration Issues?
It is the legal duty of the host country to look into Immigration Issues. Therefore, the policies formulated by the host country govern this process.
Such issues are highly interlinked with the economy, tourism, or other factors of the host countries. It is expected that the matters should get resolved early and without hampering the personal liberty of the Immigrant.
Everything related to Immigration in India is handled by the Bureau of Immigration which comes under the Ministry of Home Affairs.
Why there is a need for mediators in Immigration Issues?
In immigration cases, disputes that arise can be very sensitive to parties, and the mediator must, through their skill, make the meeting comfortable for both parties. A mediator should show neutrality and respect the rights that are there between the immigrant and the host people.
The host country usually has a legal duty to help immigrants assimilate with natives and, as such, try to provide them with facilities and necessities.
Still, the behavior and attitude of fellow men also need to be understood. Sometimes people act out of prejudices, beliefs, racism, or sexism and disputes arise. A mediator understands the differences and considers the problem from a neutral perspective. Therefore, any biases, prejudices, or interests, if present, tried to be excluded by the mediator through their expertise.
Online Dispute Resolution in Immigration Cases
Resolving Disputes Online in Immigration Cases would make far less time-consuming and more effective than the practice of Mediation physically especially when parties live far, as it would give a choice to the parties to solve their issues from anywhere around the world.
Online Dispute Resolution is also very efficient when parties delve into two sides of the world. It would also save time for traveling, in addition to maintaining relationships.
Online dispute resolution helps the parties in immigration issues to resolve the matter quickly. There is a high chance that immigrant who is unaware of the legal process and the other things of the host countries may land in trouble. Through the online process he will get an easy medium to deal with the process sitting in a safe environment he is familiar with.
Conclusion
Currently, the notion of Mediation to resolve disputes arising out of immigration is actively practiced mainly in Europe or other developed countries, as it also witnesses a large number of immigrants every year.
However, as developing countries are also becoming important in the international geopolitical sphere, they may need to make policies that cater to a conducive environment for immigrants.
