References
Mediation, Multiple Minds, and Managing the Negotiation Within
February 8, 2012
This article asserts that most parties to a negotiation experience ambivalence towards the process: they want a resolution but do not want to settle. The author addresses some of the techniques used to address parties' this ambivalence. The mixed minds approach is helpful to understanding the parties' internal feelings concerning negotiations. Once this is accomplished, more successful negotiations will occur.
February 8, 2012
This article asserts that most parties to a negotiation experience ambivalence towards the process: they want a resolution but do not want to settle. The author addresses some of the techniques used to address parties' this ambivalence. The mixed minds approach is helpful to understanding the parties' internal feelings concerning negotiations. Once this is accomplished, more successful negotiations will occur.
China’s Turn Against the Law
February 8, 2012
This article analyzes China's effort to revive pre-1978 court mediation practices in an effort to counteract some of the legal reforms implemented during the 1980's and 90's. Although this move away from litigation is similar to current trends in other countries that author concludes that within China other factors, such as traditional top-down authority and social stability concerns, are playing a significant role. In light of these developments the author argues that China's current course may have...
February 8, 2012
This article analyzes China's effort to revive pre-1978 court mediation practices in an effort to counteract some of the legal reforms implemented during the 1980's and 90's. Although this move away from litigation is similar to current trends in other countries that author concludes that within China other factors, such as traditional top-down authority and social stability concerns, are playing a significant role. In light of these developments the author argues that China's current course may have...
Joining Forces in Search for Answers: The Use of Therapeutic Jurisprudence in the Realm of Mediation Ethics
February 8, 2012
Therapeutic Jurisprudence's (TJ) effect on mediation is two-fold. Recognizing therapeutic values and utilizing them with ethics in mediation can lead to a better practice of mediation. Also, TJ supports the autonomy that drives mediation and makes it a unique alternative to litigation. TJ helps enhance the psychological well-being of parties in mediation which helps improve the overall effectiveness and viability of the process.
February 8, 2012
Therapeutic Jurisprudence's (TJ) effect on mediation is two-fold. Recognizing therapeutic values and utilizing them with ethics in mediation can lead to a better practice of mediation. Also, TJ supports the autonomy that drives mediation and makes it a unique alternative to litigation. TJ helps enhance the psychological well-being of parties in mediation which helps improve the overall effectiveness and viability of the process.
Cyber-Mediation: Computer-Mediated Communications Medium Massaging the Message
February 8, 2012
The course of ecommerce is not always smooth. Disputes are inevitable. These disputes will have to be resolved if ecommerce is to develop to its full potential. This Article examines the feasibility of online mediation. It evaluates some modalities, presents cross-cultural mediation as a theoretical construct to describe online mediation, and recommends guidelines for the practice of online mediation. Mediation exists on a continuum from face-to-face to pure online mediation. Most of the legal literature...
February 8, 2012
The course of ecommerce is not always smooth. Disputes are inevitable. These disputes will have to be resolved if ecommerce is to develop to its full potential. This Article examines the feasibility of online mediation. It evaluates some modalities, presents cross-cultural mediation as a theoretical construct to describe online mediation, and recommends guidelines for the practice of online mediation. Mediation exists on a continuum from face-to-face to pure online mediation. Most of the legal literature...
The Brains Behind Mediation Reflections on Neuroscience, Conflict Resolution and Decision-Making
February 8, 2012
The author seeks to raise an awareness of how mediation is affected by scientific discoveries in fields ranging from cognitive-behavioral psychology and neuropsychology to molecular biology. While these past discoveries of scientific phenomena have provided information that may help explain certain aspects of mediation, the article concludes that the dispute resolution community must maintain a dedication to understanding future neuroscience discoveries in order to provide new clues on improving...
February 8, 2012
The author seeks to raise an awareness of how mediation is affected by scientific discoveries in fields ranging from cognitive-behavioral psychology and neuropsychology to molecular biology. While these past discoveries of scientific phenomena have provided information that may help explain certain aspects of mediation, the article concludes that the dispute resolution community must maintain a dedication to understanding future neuroscience discoveries in order to provide new clues on improving...
Competing for Capital: The Diffusion of Bilateral Investment Treaties, 1960-2000
February 8, 2012
The author discusses bilateral investment treaties and their expansion from 1960 to 2000. Particularly, the author explains the expansion and rise of these investment treaties with respect to the fact that they are an alternative source of confidence and protection for foreign investors.
February 8, 2012
The author discusses bilateral investment treaties and their expansion from 1960 to 2000. Particularly, the author explains the expansion and rise of these investment treaties with respect to the fact that they are an alternative source of confidence and protection for foreign investors.
Unity and Diversity in International Arbitration: The Case of Maritime Arbitration
February 8, 2012
The author analyzes the appropriateness of characterizing the independent field of maritime arbitration within the general category of international commercial arbitration. In making this determination, the author illustrates the diverse sources of arbitration law relating to maritime matters to show maritime arbitrations' expansive reach. One possible way to individualize this sector is to create an International Court on Maritime Arbitration within the International Maritime Organization to resolve...
February 8, 2012
The author analyzes the appropriateness of characterizing the independent field of maritime arbitration within the general category of international commercial arbitration. In making this determination, the author illustrates the diverse sources of arbitration law relating to maritime matters to show maritime arbitrations' expansive reach. One possible way to individualize this sector is to create an International Court on Maritime Arbitration within the International Maritime Organization to resolve...
English Maritime Law Update: 2007
February 8, 2012
The author notes the escalation in mediation among English courts in settling commercial matters in 2007. The article claims that this increase in use of mediation reflects a growing importance of mediation within global commercial disputes. Additionally, the article posits that English courts also may be shifting away from the traditional practice of minimizing arbitration appeals as reflected by the high amount of developments in English maritime law in 2007 coming from appeals of arbitrated decisions.
February 8, 2012
The author notes the escalation in mediation among English courts in settling commercial matters in 2007. The article claims that this increase in use of mediation reflects a growing importance of mediation within global commercial disputes. Additionally, the article posits that English courts also may be shifting away from the traditional practice of minimizing arbitration appeals as reflected by the high amount of developments in English maritime law in 2007 coming from appeals of arbitrated decisions.
Opting for the British Rule, or if Posner and Shavell Can’t Remember the Coase Theorem, Who Will?
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
Settlements in the United States Court of International Trade: Practices and Policies
February 8, 2012
While using alternative dispute resolution techniques to achieve settlements is favorable for many reasons, some cases before the United States Court of International Trade (CIT) are such that achieving a settlement is not easy. The author describes how various courts effectively facilitate settlements. The author then explains why cases before the CIT are unique, and concludes that the court should take more steps to facilitate settlements.
February 8, 2012
While using alternative dispute resolution techniques to achieve settlements is favorable for many reasons, some cases before the United States Court of International Trade (CIT) are such that achieving a settlement is not easy. The author describes how various courts effectively facilitate settlements. The author then explains why cases before the CIT are unique, and concludes that the court should take more steps to facilitate settlements.
