References
The Truth Shall Set You Free: A Distinctively Christian Approach to Deception in the Negotiation Process
February 8, 2012
The author argues the Christian religion, as opposed to professional ethical standards, would require parties in negotiations to be completely honest in order to foster the most beneficial outcomes for those involved and maintain reliability and respect in personal relationships.
February 8, 2012
The author argues the Christian religion, as opposed to professional ethical standards, would require parties in negotiations to be completely honest in order to foster the most beneficial outcomes for those involved and maintain reliability and respect in personal relationships.
Technology’s Impact: The Quest for a New Paradigm for Accountability in Mediation
February 8, 2012
The article proposes a new paradigm for resolving the accountability dilemma in mediation. This dilemma stems from the fact that the very qualities that render mediation attractive to disputants and successful where formal options fail - flexibility and confidentiality - also frustrate conventional mechanisms for ensuring the delivery of fair and effective mediation services. Accountability measures in mediation have typically relied on formal (legal) or informal (reputation, professionalism) mechanisms....
February 8, 2012
The article proposes a new paradigm for resolving the accountability dilemma in mediation. This dilemma stems from the fact that the very qualities that render mediation attractive to disputants and successful where formal options fail - flexibility and confidentiality - also frustrate conventional mechanisms for ensuring the delivery of fair and effective mediation services. Accountability measures in mediation have typically relied on formal (legal) or informal (reputation, professionalism) mechanisms....
Technology Mediated Dispute Resolution (TMDR): a New Paradigm for ADR
February 8, 2012
Technology is changing the way that children are communicating (particularly elementary and pre-school aged children), and these changes have significant implications for alternative dispute resolution processes and practices. Although ADR practitioners and theorists are not ignoring technology, we have focused almost exclusively on the question of how we can use technology to enhance our existing practices. We are not paying sufficient attention to the fact that young children are communicating...
February 8, 2012
Technology is changing the way that children are communicating (particularly elementary and pre-school aged children), and these changes have significant implications for alternative dispute resolution processes and practices. Although ADR practitioners and theorists are not ignoring technology, we have focused almost exclusively on the question of how we can use technology to enhance our existing practices. We are not paying sufficient attention to the fact that young children are communicating...
From Face-to-Face to Screen-to-Screen: Real Hope or True Fallacy?
February 8, 2012
This article deals with the growing field of Online Dispute Resolution (ODR). The article presents a review of legal scholarship and its analysis of ODR, including ODR's advantages and disadvantages. Additionally, it analyses data on how the dispute resolution setting-face to face or online- impacts the participants' perception of the other party and overall process, and how these perceptions influence outcomes.
February 8, 2012
This article deals with the growing field of Online Dispute Resolution (ODR). The article presents a review of legal scholarship and its analysis of ODR, including ODR's advantages and disadvantages. Additionally, it analyses data on how the dispute resolution setting-face to face or online- impacts the participants' perception of the other party and overall process, and how these perceptions influence outcomes.
Mandating Minimum Quality in Mass Arbitration
February 8, 2012
This article assess the arbitration of securities and investment claims and the modem world of new or mass standardized arbitration that has emerged after the Supreme Court's pro-arbitration jurisprudence. This article advocates government-mandated imposition of procedural and substantive ground rules to ensure the fair and effective operation of new or mass arbitration and proposes mandated minimum procedural and substantive requirements to correct problems brought on by inadequate oversight of mass...
February 8, 2012
This article assess the arbitration of securities and investment claims and the modem world of new or mass standardized arbitration that has emerged after the Supreme Court's pro-arbitration jurisprudence. This article advocates government-mandated imposition of procedural and substantive ground rules to ensure the fair and effective operation of new or mass arbitration and proposes mandated minimum procedural and substantive requirements to correct problems brought on by inadequate oversight of mass...
Roadblocks to the Road Map: A Negotiation Theory Perspective on the Israeli-Palestinian Conflict After Yasser Arafat
February 8, 2012
This article analyzes the ongoing Israeli-Palestinian negotiations. Part II of the article defines and describes negotiation concepts and applies them to the Israeli-Palestinian negotiations. The authors then discuss and analyze the roadblocks to a successful outcome and strategies for overcoming them. The article concludes with a proposal. of how the United States can use this information to broker a successful peace negotiation.
February 8, 2012
This article analyzes the ongoing Israeli-Palestinian negotiations. Part II of the article defines and describes negotiation concepts and applies them to the Israeli-Palestinian negotiations. The authors then discuss and analyze the roadblocks to a successful outcome and strategies for overcoming them. The article concludes with a proposal. of how the United States can use this information to broker a successful peace negotiation.
What Makes Securities Arbitration Different from Other Consumer and Employment Arbitration
February 8, 2012
There are similarities between securities arbitration and adhesive arbitration, such as consumer and employment arbitration. This article discusses how securities arbitration differs from other types of adhesive arbitration. The author emphasizes what makes consumer and employment arbitration in the securities industry different from consumer and employment arbitration generally.
February 8, 2012
There are similarities between securities arbitration and adhesive arbitration, such as consumer and employment arbitration. This article discusses how securities arbitration differs from other types of adhesive arbitration. The author emphasizes what makes consumer and employment arbitration in the securities industry different from consumer and employment arbitration generally.
Why Law and Economics’ Perfect Rationality Should Not Be Traded for Behavioral Law and Economics’ Equal Incompetence
February 8, 2012
The emerging movement within legal scholarship known as behavioral law and economics seeks to replace the perfect rationality assumption found in law and economics with an equal incompetence assumption: drawing on empirical research in psychology and behavioral economics, behavioral law and economics scholars assert that all people systematically fall prey to biases and errors in their judgment and decision-making and that these biases and errors lead to predictable irrational behaviors. Adopting...
February 8, 2012
The emerging movement within legal scholarship known as behavioral law and economics seeks to replace the perfect rationality assumption found in law and economics with an equal incompetence assumption: drawing on empirical research in psychology and behavioral economics, behavioral law and economics scholars assert that all people systematically fall prey to biases and errors in their judgment and decision-making and that these biases and errors lead to predictable irrational behaviors. Adopting...
Democracy and Dispute Resolution: Systems Design and the New Workplace
February 8, 2012
The author suggests that unilaterally imposed arbitration requirements create limitations on the workers' freedom to choose between court or some other form of dispute resolution to resolve their workplace complaint. The arbitration requirement may diminish workers' social capital and destroy trust between employees and management. Formal and informal management policies that treat workers fairly and equally will promote more egalitarian workplaces.
February 8, 2012
The author suggests that unilaterally imposed arbitration requirements create limitations on the workers' freedom to choose between court or some other form of dispute resolution to resolve their workplace complaint. The arbitration requirement may diminish workers' social capital and destroy trust between employees and management. Formal and informal management policies that treat workers fairly and equally will promote more egalitarian workplaces.
Getting Beyond Yes to Collaborative Justice: The Role of Negotiation in Community Lawyering
February 8, 2012
The author discusses Community Lawyering, a problem-solving approach that is built on productive, inclusive relationships, as a method of negotiation and integrative bargaining. Dominguez argues that the Community Lawyering approach, unlike litigation, encourages collaborative justice and active participation in problem resolution by community members. The article discusses the particular problems of a community and how Community Lawyering became involved. It also provides a description of Community...
February 8, 2012
The author discusses Community Lawyering, a problem-solving approach that is built on productive, inclusive relationships, as a method of negotiation and integrative bargaining. Dominguez argues that the Community Lawyering approach, unlike litigation, encourages collaborative justice and active participation in problem resolution by community members. The article discusses the particular problems of a community and how Community Lawyering became involved. It also provides a description of Community...
