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Full-Text Articles in Dispute Resolution and Arbitration
A Consideration Of Alternatives To Divorce Litigation, Thomas E. Carbonneau
A Consideration Of Alternatives To Divorce Litigation, Thomas E. Carbonneau
Thomas Carbonneau
This article argues for the need to inform divorce proceedings with a sense of the human reality of matrimonial breakdown. Part one assesses the adequacy of the existing adjudicatory approach to divorce by focusing upon the hiatus between the legal approach to divorce and the emotional content of divorce disputes. Part two lays the foundation for constructive change, providing a statistical portrait of divorce in contemporary America. Part four discusses mediation and suggests that it is a more viable alternative mechanism to divorce litigation. Part five discusses the implementation of a judicial arbitration structure.
News Media As Mediators (Cardozo J. Conflict Resol.), Carol Pauli
News Media As Mediators (Cardozo J. Conflict Resol.), Carol Pauli
Carol Pauli
This paper explores journalism as a potential method of conflict resolution. Part I compares the norms and practices of journalism to those of facilitative mediation. Part II draws additional parallels between some aspects of journalism and two other forms of dispute resolution: transformative mediation and adjudication. Part III suggests some areas for encouragement and some areas for caution as peace journalists import conflict resolution techniques into news reporting and writing.