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Selected Works

Conflict management

2014

Articles 1 - 3 of 3

Full-Text Articles in Law

Tradition?! Traditional Cultural Institutions On Customary Practices In Uganda, Joanna R. Quinn Oct 2014

Tradition?! Traditional Cultural Institutions On Customary Practices In Uganda, Joanna R. Quinn

Joanna R. Quinn

This contribution traces the importance of traditional institutions in rehabilitating societies in general terms and more particularly in post-independence Uganda. The current regime, partly by inventing “traditional” cultural institutions, partly by co-opting them for its own interests, contributed to a loss of legitimacy of those who claim responsibility for customary law. More recently, international prosecutions have complicated the use of customary mechanisms within such societies. This article shows that some traditional and cultural leaders continue to struggle to restore their original institutions, some having taken the initiative of inventing new forms of engaging with society. Uganda is presented as a …

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Living With Adr: Evolving Perceptions And Use Of Mediation, Arbitration And Conflict Management In Fortune 1,000 Corporations, Thomas Stipanowich, Ryan Lamare Dec 2013

Living With Adr: Evolving Perceptions And Use Of Mediation, Arbitration And Conflict Management In Fortune 1,000 Corporations, Thomas Stipanowich, Ryan Lamare

Thomas J. Stipanowich

As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American conflict resolution in the late Twentieth Century. In 1997 a survey of Fortune 1,000 corporate counsel provided the first broad-based picture of conflict resolution processes within large companies. In 2011, a second landmark survey of corporate counsel in Fortune 1,000 companies captured a variety of critical changes in the ways large companies handle conflict. Comparing their responses to those of the mid-1990s, clear and significant evolutionary trends are observable, including a further shift in corporate orientation away from litigation and toward …

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Soft Law In The Organization And General Conduct Of Commercial Arbitration Proceedings, Thomas Stipanowich Dec 2013

Soft Law In The Organization And General Conduct Of Commercial Arbitration Proceedings, Thomas Stipanowich

Thomas J. Stipanowich

This commentary examines the growing use of Soft Law - non-binding guidelines that currently play an important role in organizing and conducting commercial arbitration proceedings. Standards such as the UNCITRAL Notes on Organizing Arbitral Proceedings, the ICC Techniques for Controlling Time and Costs in Arbitration, and the Protocols for Expeditious, Cost-Effective Commercial Arbitration have evolved from professional discourse regarding process management and more particular concerns about cost, delay and inefficiency in arbitration. Collectively, these guidelines reflect a growing recognition that deliberate and proactive effort by business users, counsel, arbitrators and provider institutions is critical to making the most of arbitration …

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