This article focuses on the creation and revision of the Model Standards of Conduct for Mediators. Three specific issues concerning the standards include: the prior omission of an honesty or truthfulness standard, issues surrounding the enforcement of ethical codes and standards, and the need to focus on how individuals learn ethical conduct.
This article examines the compatibility of the Internet and cyberspace with international law and the various methods of dispute resolution available. It focuses particularly on arbitration versus judicial courts, determination of jurisdiction, and the future of online arbitration.
This article describes a test for legislators and other lawmakers to employ in order to make a better legal system for solving disputes. Instead of focusing on alternative dispute resolution, this peacemaker test would have the legal profession take the values of ADR and incorporate them into the current adjudication system.
This article addresses the issue of how to integrate notions of fairness and justice into an interest-based negotiation support system. The authors illustrate their ideas in two legal domains in which they have been constructing negotiation decision support.
The World Trade Organization (WTO) recently handed down eight arbitration decisions. The dispute involved the failure of the United State's Continued Dumping and Subsidy Act of 2000 and that Act's failure to comply with the WTO's antidumping agreements. In 2003, the arbitrator gave the United States eleven months to bring the Act into compliance with the antidumping agreements. The United States failed to comply, so the WTO handed down arbitration decisions allowing eight countries to bring sanctions...
The authors describe the method constructed to measure freedom of association and collective bargaining rights at the country level based on the coding of issues of non-compliance as recorded in International Labour Organization textual sources. The method intends to measure progress made towards the full application of these rights solely by compiling already existing information generated by the ILO's supervisory system in such a manner that would further support countries in monitoring progress...
The article examines the state of collaborative practice today, where some leading collaborative practitioners believe we are heading in the near future. This article offers twelve predictions of ways in which collaborative practice will grow and flourish within the next twenty years. The key to whether these predictions will come true may depend on the vision created by current collaborative professionals and those that choose that path in the years ahead.
Peretz addresses the Single Euro Payments Area (SEPA) in the European Union, which calls for the harmonization of debit and credit card networks in order to remove differentiation between national and cross border payment. In analyzing SEPA, Peretz proposes the implementation of the chargeback process to increase consumer leverage and incentivize business participation in ADR, which in turn provides cost-effective consumer redress in both national and international market purchases.