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Articles 301 - 311 of 311

Full-Text Articles in Law

The Institutionalization Of Mediation Developments In The Usa, Australia And Germany (In German), Nadja Alexander Jan 2001

The Institutionalization Of Mediation Developments In The Usa, Australia And Germany (In German), Nadja Alexander

Research Collection Yong Pung How School Of Law

No abstract provided.


Mediation In Practice: Common Law And Civil Law Perspectives Compared, Nadja Alexander Jan 2001

Mediation In Practice: Common Law And Civil Law Perspectives Compared, Nadja Alexander

Research Collection Yong Pung How School Of Law

Australian mediation practice is thriving. Effective forms of mediation are practised in court-connected schemes, in the public sector, in the community justice sector and in the private business sector. Indeed, no industry is excluded from the application of mediation. In contrast, Hoffmann-Riem laments that despite many years of discussions about ADR (alternative dispute resolution) in Germany, mediation plays a marginal role only. Further, Labes states that 'ADR mechanisms are relatively obscure methods in Germany.' The comparison between Australia and Germany is particularly interesting because it considers both a common law and a civil law tradition. This essay will discuss the …


German Law Paves The Way For Mandatory Mediation, Nadja Alexander Feb 2000

German Law Paves The Way For Mandatory Mediation, Nadja Alexander

Research Collection Yong Pung How School Of Law

Effective as of 1 January 2000, the Federal Government of Germany has introduced legislation permitting all German states (Laender) to introduce mandatory court-connected mediation with respect to certain kinds of civil disputes.


Within The Civil Law Tradition, Nadja Alexander Jul 1999

Within The Civil Law Tradition, Nadja Alexander

Research Collection Yong Pung How School Of Law

A review of the international literature on ADR reveals a wide spectrum of dispute resolution processes practised throughout the world. It also demonstrates significant differences among different countries’ application of ADR procedures; for example, mediation.


Book Review: Thinking About Conflict Resolution ‘Beyond The Square Box’, Nadja Alexander Feb 1999

Book Review: Thinking About Conflict Resolution ‘Beyond The Square Box’, Nadja Alexander

Research Collection Yong Pung How School Of Law

In his monograph, Conflict Resolved? A Critical Assessment of Conflict Resolution, Alan Tidwell provides the reader with an insight into the breadth and depth of the literature in the multi-disciplinary field of conflict resolution. The author draws on literature from a wide range of social sciences and, in doing so, displays a command of the diverse theoretical bases of conflict resolution seldom found in earlier works.


Specific Performance – Exploring The Roots Of 'Settled Practice', Andrew B.L. Phang May 1998

Specific Performance – Exploring The Roots Of 'Settled Practice', Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

The recent House of Lords decision in Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd' is destined to become a landmark in the law relating to specific performance.


Adr Developments Abroad: Masters In Mediation - European Style!, Nadja Alexander Jan 1998

Adr Developments Abroad: Masters In Mediation - European Style!, Nadja Alexander

Research Collection Yong Pung How School Of Law

In Australia when we think of mediationtraining, we generally envisage a four orfive day training course run by amediation service provider or educationalinstitution. Many Australian universitiesalso offer postgraduate studies inmediation and ADR which generallyprovide a combination of theory and skillsdevelopment subjects. Such studiestypically take the form of postgraduatediplomas or Masters degrees offered by auniversity department or a multi-disciplinarymediation centre. Notably, there are norequirements that participants haveprevious qualifications or experience inmediation. One direct effect of this ‘open’policy has been to lower the standard ofpostgraduate teaching and learning in thisfield. For example, postgraduate subjectsin mediation in many law schools aroundthe country offer …


Oh, The Times They Are A Changin: The Quiet (R)Evolution Revealed, Nadja Alexander Jan 1995

Oh, The Times They Are A Changin: The Quiet (R)Evolution Revealed, Nadja Alexander

Research Collection Yong Pung How School Of Law

One wonders if John Rhoades was thinking about lawyers when this was written.Unfortunately (for innovative law teachers at leas~) lawyers often' have a reputation forbeing staid and conservative. Only the passage of time and re-education of lawyers, lawstudents and the public can hope to alter this perception. As role models, law teachers caninfluence students' sense of worth, attitudes, ethics, and professional expectationsenormously. Often this potential sphere of influence is exercised unconsciously, if not,neglected. As a role model, teachers have the perfect opportunity to communicate to theirstudents why their discipline is exciting and why it is worthy of commitment.


Separability, Competence-Competence And The Arbitrator’S Jurisdiction In Singapore, Jack Tsen-Ta Lee Jan 1995

Separability, Competence-Competence And The Arbitrator’S Jurisdiction In Singapore, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

The concepts of separability and competence-competence, which promote arbitral autonomy, exist in many jurisdictions. This article surveys the extent of their acceptance in Singapore's domestic and international arbitration law, and suggests that legislative refinements are necessary to remove doubts and resolve conflicts between the law and the SIAC [Singapore International Arbitration Centre] Rules.


Flames On The Wires: Mediating From An Electronic Cottage, Ian Macduff Jan 1994

Flames On The Wires: Mediating From An Electronic Cottage, Ian Macduff

Research Collection Yong Pung How School Of Law

This article reflects on a curiosity of modern life, in that it is a very preliminary comment on a kind of mediation that does not involve me moving beyond the desk where my computer is located. It is a mediator's parallel to armchair travelling, with the difference here being that the experience is not vicarious, though it is certainly remote.


Creativity And Responsibility – Covenant, Contract And The Resolution Of Disputes: Introductory Notes, Howard Hunter Jan 1987

Creativity And Responsibility – Covenant, Contract And The Resolution Of Disputes: Introductory Notes, Howard Hunter

Research Collection Yong Pung How School Of Law

Emory University celebrated its 150th birthday in December of 1986. To mark its sesquicentennial the University scheduled a number of events during the 1986-87 academic year. Among these were a series of scholarly exchanges that involved various members of the University faculty. The papers that follow are the products of the first of the Sesquicentennial Colloquia. The participants represented a wide range of disciplines: theology, law, business administration, and political science.