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Full-Text Articles in Law
Outward Bound To Other Cultures: Seven Guidelines For U.S. Dispute Resolution Trainers, Harold Abramson
Outward Bound To Other Cultures: Seven Guidelines For U.S. Dispute Resolution Trainers, Harold Abramson
Pepperdine Dispute Resolution Law Journal
"Would you like to go to Delhi to train people in negotiations?" the email message inquires. "Are you kidding?" you think to yourself. "Of course, I would get to do in an exotic location what I enjoy doing at home – helping others to resolve conflicts. And I also would meet fascinating people and tour an intriguing city and country with a local host." "YES," you reply after working out the logistical details. Now as you begin to pack your off-the-shelf training materials, you start to wonder how you should adapt your training for this foreign location. You do not …
Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston
Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston
Pepperdine Dispute Resolution Law Journal
Athletes in a professional sports league in the United States are members of players unions, which assist their athletes in obtaining representation when they are involved in dispute resolution proceedings associated with disciplinary actions. However, individual athletes who participate in international competitions do not enjoy the same benefits. When these athletes are required to submit to mandatory drug testing, with attendant potential criminal liability, and to mandatory arbitration, they should be provided meaningful access to competent legal representation when their athletic careers are in jeopardy. This article considers the legal framework, process, and recourse for athletes in international competition to …
Ten Essential Elements Of An Effective Dispute Resolution Program , Stephen F. Gates
Ten Essential Elements Of An Effective Dispute Resolution Program , Stephen F. Gates
Pepperdine Dispute Resolution Law Journal
For an organization with a significant number of outstanding lawsuits and pre-litigation claims, it is important to have a comprehensive and disciplined program of managing disputes to produce optimal outcomes with consistency, effectiveness and cost efficiency. Based on my experience at large, complex industrial companies with well over 2,000 litigation matters outstanding at any time, the effective management of the dispute portfolio requires that each matter be managed effectively and that more matters be resolved each year than the number of new matters that arise. The focus of this article is corporate law departments, but the concepts are applicable to …
Cultural Dimension Interests, The Dance Of Negotiation, And Weather Forecasting: A Perspective On Cross-Cultural Negotiation And Dispute Resolution , John Barkai
Pepperdine Dispute Resolution Law Journal
This article will argue that effective cross-cultural negotiations and dispute resolution requires an understanding of Cultural Dimension Interests (CDI). The article will review many of the cultural interests that impact negotiation and dispute resolution by: 1) specifically reviewing the cultural theories of Edward T. Hall, Geert Hofstede, Fons Trompenaars and Charles M. Hampden-Turner, and Richard D. Lewis, 2) considering country specific anecdotal accounts of national negotiating behaviors, and 3) reviewing some specific beliefs, behaviors, and practices that impact national negotiation styles and approaches. This article will focus mainly on cross-cultural differences between American and Asian negotiation styles and behaviors.
The Strategic Relationship Between Ethics And Dispute Resolution: What Every Ceo Should Know, Mary L. Walker, R. Philip Deavel
The Strategic Relationship Between Ethics And Dispute Resolution: What Every Ceo Should Know, Mary L. Walker, R. Philip Deavel
Pepperdine Dispute Resolution Law Journal
This article advocates that there is a dynamic relationship between a values-based ethics program and a commitment to dispute resolution that can revolutionize the way we think about both. The United States Air Force is a global organization with many relationships, including those with other governments, other federal agencies, corporate contractors and its members and employees. Hence, these concepts are not academic to us-they are the lifeblood that allows us to successfully accomplish our mission. But they also have implications for our corporate partners. Why would we have an interest in how private corporations approach the subjects of ethics and …
Using Adr Principles To Resolve Environmental Disputes: How Mediated Settlements Have Helped Struggling Cercla Survive , Jamie R. Adams
Using Adr Principles To Resolve Environmental Disputes: How Mediated Settlements Have Helped Struggling Cercla Survive , Jamie R. Adams
Pepperdine Dispute Resolution Law Journal
The goal of this article is to show that the use of Alternative Dispute Resolution ("ADR") principles has made the remediation of numerous hazardous waste sites possible, and has thus enabled the struggling program to continue benefiting Americans everywhere. First, this article provides background information regarding the enactment of the Comprehensive Environmental Clean-up and Liability Act ("CERCLA") and its successor, the Superfund Amendments Reauthorization Act ("SARA"). Second, it explains why using ADR principles, instead of litigation, are vital methods of resolving CERCLA disputes. Third, three examples of major Superfund sites that were successfully cleaned up due to the use of …
Foreword, Jeffrey D. Hoyle
Foreword, Jeffrey D. Hoyle
Pepperdine Dispute Resolution Law Journal
The Symposium entitled American Justice at a Crossroads: A Public and Private Crisis was held at Pepperdine University School of Law on April 15, 2010, under the joint sponsorship of the Straus Institute for Dispute Resolution, the Pepperdine Dispute Resolution Law Journal, and the International Institute for Conflict Prevention and Resolution (CPR). It brought together a distinguished group of speakers and panelists to discuss dissatisfaction with the American justice system caused by increased delays, rising litigation costs, and decreased access to justice; and creative ways being used to address these concerns.
South Pasadena: A Dialogue On Dialogue, Steve Zikman
South Pasadena: A Dialogue On Dialogue, Steve Zikman
Pepperdine Dispute Resolution Law Journal
In the last half century, South Pasadena has fought many land use related battles-from efforts to stop the extension of the 710 freeway (710) through the heart of the city, to the recent ballot measure (Measure SP) that sought to overturn the City Council's approval of the new Downtown Revitalization Plan. The pattern of engagement continues to be one of "us versus them," with locals assuming extremely polarized positions, escalating the level of mistrust and demonization, and further dividing the city's civic and social fabric. Mediators are typically called in to help stakeholders resolve specific land use conflicts. However, there …
A "Lawyer For All Seasons": The Lawyer As Conflict Manager, Michael T. Colatrella Jr.
A "Lawyer For All Seasons": The Lawyer As Conflict Manager, Michael T. Colatrella Jr.
San Diego Law Review
This interdisciplinary Article explores why interpersonal conflict management principles and skills are essential to good lawyering and, thus, why law schools should teach these principles and skills to all their students. In demonstrating the immense practical value an understanding of interpersonal conflict management principles and skills have in the practice of law, this Article examines case studies involving organizations that have dramatically reduced legal costs, among other benefits, by abandoning a solely legalistic approach to conflict and embracing conflict management principles. The lessons learned from these studies and the interpersonal conflict management principles that underlie them support the idea that …
Bounded Legality: China's Developmental State And Civil Dispute Resolution, Margaret Y.K. Woo
Bounded Legality: China's Developmental State And Civil Dispute Resolution, Margaret Y.K. Woo
Maryland Journal of International Law
No abstract provided.
Convergence And Divergence In International Dispute Resolution Symposium, Peter Rutledge
Convergence And Divergence In International Dispute Resolution Symposium, Peter Rutledge
Journal of Dispute Resolution
This symposium submission draws heavily on law and economic literature to develop its thesis. Part I lays out the literature behind the parties' choice to opt for arbitration. It also builds upon that literature by attempting to sketch out some preliminary reasons why parties might opt for arbitration over another form of dispute resolution. Part II charts how, along various axes, arbitration has begun to converge with litigation - thereby depriving it of a comparative advantage that it once enjoyed - due to innovations in arbitration and innovations in the field of international civil litigation. In brief, the traditional advantages …