Digital Commons Network^™

The Essence Of Conciliation Procedures In The System Of Alternative Dispute Resolution In Civil Proceedings, P.T. Esenbekova

Review of law sciences

the article discusses debatable questions about the concept and essence of conciliation procedures in the system of alternative dispute resolution methods in civil proceedings, discusses the phenomenon of conciliation procedures from the point of view of related sciences, in particular conflict management and the theory of the negotiation process.

New Institution: Resolving Labour Disputes Through Mediation, M.A. Raximov

Review of law sciences

the article analyzes the essence of the mediation procedure and its applicability to labor disputes, reveals the advantages of this method of resolving conflicts in the labor sphere, and also identifies some problems of its implementation. The question of the difference between decision of court, the resolution of a dispute in the labor dispute committee and the mediation procedure is raised. Based on the results of the study, the author concludes that the inclusion of mediation in the labor dispute settlement system meets the goals of increasing the stability of labor relations and encourages employees and employers to find a …

Attorney Stories Of Environmental Crime: Harms, Agents, And Ideal Cases, Holly Ningard

Doctoral Dissertations

We know and make sense of the world through stories. As such, stories shape our expectations for the future, and subsequently our behaviors. This dissertation project investigates attorney stories of environmental crime, contributing to a growing body of literature in both narrative criminology and green cultural criminology. I uncovered three stories of environmental crime commonly told by 14 attorneys, involved in environmental practice, with whom I conducted qualitative interviews: 1) low-hanging fruit stories, which involve a direct harm to the environment perpetrated recklessly or negligently by an individual perpetrator, 2) stories of the state as an agent of harm, where …

A Qualitative Case Study On The Domestic Violence Act, 2007 (732) And The Convention On The Elimination Of All Forms Of Discrimination Against Women, Victoria Hernandez

Master's Theses

On July 17, 1980, Ghana became a signatory to CEDAW (Convention on the Elimination of All Forms of Discrimination against Women) under the United Nations in order to combat all forms of violence, discrimination and human rights violations that harm the security, freedom, privacy, and dignity of every woman. The Domestic Violence Act (732) stemmed from CEDAW in order to add on more layers of legal protection for victims of domestic violence and to penalize all acts according the bill’s definition and the different forms of domestic violence. Although there are stricter laws to punish any acts of violence inflicted …

Conflict Management And Team Building As Competencies For Nurse Managers To Improve Retention, Jeanette Black

DNP Qualifying Manuscripts

Abstract

Aim(s): To critically review and summarize evidence related to coaching and training nurse managers in conflict management and team building skills and to determine the relationship of these skills to retention.

Background: Retention of nurse managers is a significant challenge to healthcare organizations.

Evaluation: The databases searched were CINAHL, PubMed, evidence-based journals, JANE, Cochrane, SCOPUS and Joanna Briggs. The keywords searched were conflict management, team building, nurse manager retention, retention, teamwork, healthy work environment, conflict management theory, organizational culture, coaching nurse managers, and nursing. Articles with the strongest evidence were critically appraised using the Johns Hopkins Research and …

The Future Of The Profession(S), Susan S. Raines

Susan Raines

The skills and processes of ADR are indeed more broadly dispersed throughout society. Over the past decade, ADR and Conflict Resolution (CR) concepts and skills have been added to the core curricula and continuing education trainings in most fields, from law and medicine to engineering, education, and business management. The term “mediation” is rarely confused with “meditation” as it once was. Increasingly, terms like “mediation”, “arbitration”, and “ombudsman” are used in the media without the need to define them for the general public. Children have learned peer mediation in schools along with the interest-based negotiation model and listening skills. Indeed, …

Building A Knowledge-Based Foundation For Mediation Practice & Program Administration, Susan S. Raines

Susan Raines

This article will summarize some recent, groundbreaking research that tests long-0held assumptions made by supporters of mediation and ADR. It turns out that some were warranted, while others were not. Only by building our mediation practice upon a firm foundation of knowledge can we ensure its future sustainability.

Mediation In Employment And Creeping Legalism: Implications For Dispute Systems Design, Lisa Blomgren Bingham, Susan S. Raines, Tim Hedeen, Lisa Marie Napoli

Susan Raines

This article will explore the question of creeping legalism in mediation of statutory disputes arising out of employment. First, it will briefly review the issue of creeping legalism in arbitration. Second, it will introduce dispute systems design (DSD). Third, it will review the analogous debate on legalism in mediation in three design contexts: evaluative mediation of employment disputes in the court-connected setting, grievance mediation embedded in the collective bargaining agreement, and transformative mediation of employment disputes in the United States Postal Service's (USPS's) REDRESS program. Most employees do not face a choice among mediation models; instead, they choose among adjudicative …

Communique (Winter 2018), Uc Hastings Center For Negotiation And Dispute Resolution

Center for Negotiation and Dispute Resolution

No abstract provided.

Barriers Faced By Nontraditional Black Female Students At A Historically Black College Or University, Denata Williams

Theses and Dissertations

The purpose of this study was to explore the barriers faced by nontraditional Black female students at a Historically Black College or University (HBCU). There was an extensive amount of literature regarding barriers faced by nontraditional students; however, there was a limited amount of research and literature on the perceptions of nontraditional Black female students and faculty perceptions regarding these barriers. The study was conducted at a HBCU in the southern part of the United States. Participants in the study included five HBCU faculty and five nontraditional Black female students. In this qualitative descriptive case study, focus groups, surveys, and …

"Hurricane" Sandy: A Case Study Of The Eastern District Of New York's Effort To Address Mass Litigation Resulting From The Effects Of Climate Change, Cheryl L. Pollak, Ramon E. Reyes Jr., Robyn Weinstein

Texas A&M Journal of Property Law

On the evening of October 29, 2012, “Hurricane” Sandy made land- fall on the New York coastline, battering the land with strong winds, torrential rain, and record-breaking storm surges. Homes and commercial structures were destroyed; roads and tunnels were flooded; and more than 23,000 people sought refuge in temporary shelters, with many others facing weeks without power and electricity. At the time, Sandy was heralded as one of the costliest hurricanes in the his- tory of the United States; the second costliest hurricane only to Katrina, which hit New Orleans in 2005. Unfortunately, recent experience with Hurricanes Florence, Maria, Harvey, …

Alternative Options For Resolution Of Property And Casualty Claims Arising Out Of Natural Disasters, Kimberly Taylor

Texas A&M Journal of Property Law

At the time of this Article, at least twelve large wildfires are burn- ing in California across more than 1,000 square miles, having damaged or destroyed over 2,000 structures, according to the California Department of Forestry and Fire Protection (CAL FIRE). At least eight people have lost their lives. The Kilauea volcano continues to erupt in Hawaii, having destroyed 600 homes. The 2018 hurricane season is in full swing, and while there have been no catastrophic events to date, residents in Houston, Florida, Puerto Rico, and elsewhere are still recovering from the devastating winds and rains wrought by Har- vey, …

Lady Justice Cannot Hear Your Prayers, Deborah Ogali

Fordham Law Review

The Islamic finance industry continues to grow quickly as the appetite for everything, from Sharia-compliant home mortgages and car loans to sophisticated financial products, increases. This growth has triggered an interest in sukuk, bond-like financial instruments. And while the international market for sukuk has long been dominated by foreign issuers and English law, the attraction of a niche market compatible with U.S. federal and international securities laws may propel increased participation by U.S. issuers and investors who wish to transact under U.S. federal and state laws. As with all Islamic financial products, sukuk transactions inherently pose a Sharia compliance risk. …

Sweetheart Deals, Deferred Prosecution, And Making A Mockery Of The Criminal Justice System: U.S. Corporate Dpas Rejected On Many Fronts, Peter Reilly

Faculty Scholarship

Corporate Deferred Prosecution Agreements (DPAs) are contracts negotiated between the federal government and defendants to address allegations of corporate misconduct without going to trial. The agreements are hailed as a model of speedy and efficient law enforcement, but also derided as making a “mockery” of America’s criminal justice system stemming from lenient deals being offered to some defendants. This Article questions why corporate DPAs are not given meaningful judicial review when such protection is required for other alternative dispute resolution (ADR) tools, including plea bargains, settlement agreements, and consent decrees. The Article also analyzes several cases in which federal district …

Sb 301 - Wills, Trusts, And Administration Of Estates, Morgan S. Ownbey, Paul M. Napolitano

Georgia State University Law Review

The Act creates the “Revised Uniform Fiduciary Access to Digital Assets Act,” extends fiduciaries’ powers to include managing tangible property and digital assets, and provides conforming cross-references for a conservator.

Mediation, Dorcas Quek Anderson, Sabiha Shiraz

Research Collection Yong Pung How School Of Law

No abstract provided.

What Can A Micro-Level View Tell Us About Plurinational Bolivia?, Maureen Heffern Ponicki

Journal of International and Global Studies

Book review on:

• Borda-Niño-Wildman, Carolina. The Medicalisation of Incest and Abuse: Biomedical and Indigenous Perceptions in Rural Bolivia. London: Routledge, 2018.
• Ellison, Susan Helen. Domesticating Democracy: The Politics of Conflict Resolution in Bolivia. Durham and London: Duke University Press, 2018.

Paternal Filicide And Coercive Control: Reviewing The Evidence In Cotton V Berry

UBC Law Review

No abstract provided.

The James F. Henry Speaker Series: Preparing Clients To “Win” In Mediation, New York Law School

Alternative Dispute Resolution - Past Events

This session focuses on mediation advocacy and how the role of lawyers and advisors in mediation needs to shift from adversarial debate to constructive dialogue

Depaul Digest

DePaul Magazine

Breaking the Bars: Panel discussions and a personal story address Latinos and mass incarceration in the United States; Campus Events; Alumni Events; Alumni Impact Report 2017-18; When Flipping Burgers Was an Art: Before Mig Macs and the Golden Arches, there was the Skaleski Staggered System; How to Negotiate to Get What You Need; Milestones; Favorite Hangout Spot Around the Lincoln Park and Loop campuses.

Defining Landscape-Scale Collaboration As Used To Restore Forests And Reduce Catastrophic Wildfires, Marcelle Elise Dupraw 2512721

The Qualitative Report

In this article, I explore the distinctive characteristics of landscape-scale collaboration in the context of forest resource management in the United States. The United States (US) is experiencing a significant increase in acres burned by wildfire in the wildland-urban interface zone, exacting a heavy toll on human life, health, property, and livelihoods. The US Forest Service’s Collaborative Forest Landscape Restoration (CFLR) Program demonstrates an effective approach to reducing risk of catastrophic wildfire through collaborative forest restoration work at the landscape scale. This is the first in a series of articles building toward a grounded theory to guide development of the …

Resolving Authorship Disputes By Mediation And Arbitration, Zen Faulkes

Biology Faculty Publications and Presentations

Background Disputes over authorship are increasing. This paper examines the options that researchers have in resolving authorship disputes. Discussions about authorship disputes often address how to prevent disputes but rarely address how to resolve them. Both individuals and larger research communities are harmed by the limited options for dispute resolution. Main body When authorship disputes arise after publication, most existing guidelines recommend that the authors work out the disputes between themselves. But this is unlikely to occur, because there are often large power differentials between team members, and institutions (e.g., universities, funding agencies) are unlikely to have authority over all …

Week Of November 12, 2018 - November 16, 2018, Benjamin N. Cardozo School Of Law

Today at Cardozo 2018

Events occurring this week have been sponsored by:

• Cardozo Art Law Society
• Cardozo Arts & Entertainment Law Journal (AELJ)
• Cardozo Business Law Society
• Cardozo Cross-Border Practice Society
• Cardozo Data Law Initiative (CDLI)
• Cardozo Data Law Society
• Cardozo Entertainment Law Society
• Cardozo FAME Center
• Cardozo Family Law Society
• Cardozo Federalist Society
• Cardozo Journal of Conflict Resolution (CJCR)
• Cardozo Korean American Law Students Association (KALSA)
• Cardozo Labor and Employment Law Society
• Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
• Cardozo Law Revue
• Cardozo Office of Diversity & Inclusion
• Cardozo South Asian Law Students Association (SALSA)
• Cardozo Women's Law Initiative (WLI)
• Floersheimer …

Home Rules: The Case For Local Administrative Procedure, Casey Adams

Fordham Law Review

Administrative law is critical to the modern practice of governance. Administrative rules fill the gaps in statutes left open by lawmakers, allow agencies to exercise legislative grants of authority and discretion, and give agencies with subject-matter expertise and frontline experience the opportunity to promulgate detailed standards and requirements in their designated issue areas. Adjudication allows an agency to dispose of matters and disputes formally before it, whether under its rules or another source of law. While agencies at every level of government—federal, state, and local— engage in administrative action, legal scholarship on administrative law is almost exclusively focused on the …

Opting Out Of Discovery, Jay Tidmarsh

Vanderbilt Law Review

This Article proposes a system in which both parties are provided an opportunity to opt out of discovery. A party who opts out is immunized from dispositive motions, including a motion to dismiss for failure to state a claim or a motion for summary judgment. If neither party opts out of discovery, the parties waive jury-trial rights, thus giving judges the ability to use stronger case-management powers to focus the issues and narrow discovery. If one party opts out of discovery but an opponent does not, the cost of discovery shifts to the opponent. This Article justifies this proposal in …

Transforming Landscapes: How Odr Reshaping The Prospect Of Dispute Settlement In A Connected World, Patricia Audrey Ruslijanto

Indonesian Journal of International Law

The existence of law and culture has bring significant forces to human life, since them both shaping and influencing the emergence of values and norms in communities and societies. The restless development of human history has forged law in dynamic relation with culture, resulted in changing laws, values and practices. Beyond politics, present life is also bringing fresh challenges for law and culture globally, such as: the increased use of technology in law and human life. One of the big leap issue is the changing in the culture of trade, which shifted to non-face-to face or e commerce, which offer …

U.N. Sovereign Immunity: Using The Haitian Experience To Transition From Absolute To Qualified Immunity, Brianna Sainte

University of Miami Law Review

The United Nations (“U.N.”) has been looked at globally and historically as an international organization that has given aid to millions of people in the hopes of promoting peace and reducing human rights violations. It is no surprise then that many countries have welcomed U.N. troops with open arms in the hopes of stabilizing communities. However, instead of receiving aid, imagine receiving a deadly disease. Imagine having the nearby river that has been your only source of water for drinking, laundry, and bathing for decades turned into a waste dump. It is from that river turned waste dump that you—and …

Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western

Public Land & Resources Law Review

As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The phenomenon of increased drilling in sensitive locations, both urban and remote, has sparked increased public opposition, requiring oil and gas producers to reconsider how they engage the public. Oil and gas producers have increasingly deployed the concept of a social license to operate to gain …

Adr Competition Honor Society Wins First Place Arbitration Prize And Third Place Negotiation Excellence Prize At Securities Dispute Resolution Triathlon, Benjamin N. Cardozo School Of Law

Cardozo News 2018

No abstract provided.

Voila! Taking The Judge Out Of Divorce, Margaret Ryznar, Angélique Devaux

Seattle University Law Review

This Article examines the possibility of non-judicial divorce in the United States based on the French model. Part I begins by examining the recognition of divorce by agreement of the parties in France. Part II analyzes the judicial role in American divorces, and whether it bars either domestic non-judicial divorce or recognition of foreign non-judicial divorce. Part III undertakes a comparative analysis, concluding that the United States may be amenable to non-judicial divorces that occur not only abroad but, eventually, within its own borders.