References
ADR, Technology, and New Court Rules-Family Law Trends For the Twenty-First Century
February 8, 2012
This article examines the current developments of ADR in family law by looking at the continued use of mediation, the rapidly expanding use of collaborative and cooperative law, and how technology will enhance these methods of resolving disputes. Also, by exploring the new Arizona Family Rules of Procedure and the use of parenting coordinators in high conflict cases, this article highlights current trends around the country and issues to watch in the years to come
February 8, 2012
This article examines the current developments of ADR in family law by looking at the continued use of mediation, the rapidly expanding use of collaborative and cooperative law, and how technology will enhance these methods of resolving disputes. Also, by exploring the new Arizona Family Rules of Procedure and the use of parenting coordinators in high conflict cases, this article highlights current trends around the country and issues to watch in the years to come
Dispute Resolution & New Governance: Role of the Corporate Apology
February 8, 2012
This article discusses the modern corporate social responsibility (CSR) movement while emphasizing the importance of apology in improving corporate behavior. Because apologies play a central role in dispute resolution, the author suggests that adapting a New Governance approach, which encourages dialogue about regulatory principles from the perspectives of industry, CSR advocates, and shareholders, will incentivize the corporate apology and thus improve corporate ethics.
February 8, 2012
This article discusses the modern corporate social responsibility (CSR) movement while emphasizing the importance of apology in improving corporate behavior. Because apologies play a central role in dispute resolution, the author suggests that adapting a New Governance approach, which encourages dialogue about regulatory principles from the perspectives of industry, CSR advocates, and shareholders, will incentivize the corporate apology and thus improve corporate ethics.
Private Disputes and the Public Good: Explaining Arbitration Law
February 8, 2012
This article describes two main considerations of international economic arbitration. The micro aspect refers to what procedures will be used in ensuring a fair proceeding for the parties. Additionally, the macro issue examines the social consequences of displacing litigation from the national arena and into the private sector before arbitrators. These two issues present aconstant tension between creating a reliable dispute resolution system and safeguarding the community interests.
February 8, 2012
This article describes two main considerations of international economic arbitration. The micro aspect refers to what procedures will be used in ensuring a fair proceeding for the parties. Additionally, the macro issue examines the social consequences of displacing litigation from the national arena and into the private sector before arbitrators. These two issues present aconstant tension between creating a reliable dispute resolution system and safeguarding the community interests.
Matching Cases and Dispute Resolution Procedures: Detailed Analysis Leading to a Mediation-Centered Approach
February 8, 2012
This article builds on the January 1994 Negotiation Journal article by Sander and Goldberg on the same taxonomy topic. But it takes a much broader view of the problem, first by also looking at others' analysis of the same problem - specifically the work of the CPR International Institute for Conflict Prevention and Resolution, the Federal Judicial Center, and Professor Edward Dauer. Although these sources do not always use the same terminology or focus on the same types of cases, Sander and Rozdeiczer...
February 8, 2012
This article builds on the January 1994 Negotiation Journal article by Sander and Goldberg on the same taxonomy topic. But it takes a much broader view of the problem, first by also looking at others' analysis of the same problem - specifically the work of the CPR International Institute for Conflict Prevention and Resolution, the Federal Judicial Center, and Professor Edward Dauer. Although these sources do not always use the same terminology or focus on the same types of cases, Sander and Rozdeiczer...
How Much Time Is Reasonable?-The Arbitral Decisions Under Article 21.3(c) of the DSU
February 8, 2012
This article argues that arbitrators should consider correlations between specific domestic political events and members' WTO obligations in reaching their decisions. It provides an overview of arbitral decisions interpreting Article 21.3(c) of the Understanding of Rules and Procedures Governing Settlement of Dispute (the rules which govern the Dispute Settlement Board of the World Trade Organization).
February 8, 2012
This article argues that arbitrators should consider correlations between specific domestic political events and members' WTO obligations in reaching their decisions. It provides an overview of arbitral decisions interpreting Article 21.3(c) of the Understanding of Rules and Procedures Governing Settlement of Dispute (the rules which govern the Dispute Settlement Board of the World Trade Organization).
Cultural Dimension Interests, the Dance of Negotiation, and Weather Forecasting: A Perspective on Cross-Cultural Negotiation and Dispute Resolution
February 8, 2012
This article examines the difference between American negotiation techniques and negotiation strategies of other cultures. The article also demonstrates how different negotiation techniques can be used effectively together.
February 8, 2012
This article examines the difference between American negotiation techniques and negotiation strategies of other cultures. The article also demonstrates how different negotiation techniques can be used effectively together.
Note, East Meets West: Introducing Sharia into the Rules Governing International Arbitrations at the BCDR-AAA
February 8, 2012
The note explains a number of arbitral awards in the Middle East have gone unrecognized as a result of certain Islamic laws. The author asserts that the American Arbitration Association's Bahrain Chamber for Dispute Resolution cannot be fully effective without incorporating certain aspects of Islam and Sharia into the rules applied to international commercial arbitration proceedings.
February 8, 2012
The note explains a number of arbitral awards in the Middle East have gone unrecognized as a result of certain Islamic laws. The author asserts that the American Arbitration Association's Bahrain Chamber for Dispute Resolution cannot be fully effective without incorporating certain aspects of Islam and Sharia into the rules applied to international commercial arbitration proceedings.
Community Mediation in Economic Crisis: the Reemergence of Precarious Sustainability
February 8, 2012
The authors analyze the history of community mediation centers and the effectiveness of those centers in resolving local disputes. They then demonstrate that the recent economic downturn has forced some of these centers to shut their doors due to funding problems. finally, they analyze the strategies that have enabled some centers to weather the storm, all while reinforcing that these centers provide a valuable community service.
February 8, 2012
The authors analyze the history of community mediation centers and the effectiveness of those centers in resolving local disputes. They then demonstrate that the recent economic downturn has forced some of these centers to shut their doors due to funding problems. finally, they analyze the strategies that have enabled some centers to weather the storm, all while reinforcing that these centers provide a valuable community service.
Teaching the Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, a Defining Features Matrix, Games, and an Exercise Based on Grievances Filed Against Florida Mediators
February 8, 2012
The author discusses the value of mediator impartiality in achieving party self-determination and techniques for teaching ethical values of impartiality.
February 8, 2012
The author discusses the value of mediator impartiality in achieving party self-determination and techniques for teaching ethical values of impartiality.
Clouded Diamonds: Without Binding Arbitration and More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail in Ending Conflicts Fueled by Blood Diamonds
February 8, 2012
The author argues that the agreement of the Kimberly Process Certification Scheme for certifying non-blood diamonds would more effectively end blood-diamond-related conflicts with a binding arbitration clause.
February 8, 2012
The author argues that the agreement of the Kimberly Process Certification Scheme for certifying non-blood diamonds would more effectively end blood-diamond-related conflicts with a binding arbitration clause.
