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Articles 1 - 5 of 5
Full-Text Articles in Legal History
The Philosophical Underpinning And General Workings Of Chinese Mediation Systems: What Lessons Can American Mediators Learn?, Kevin C. Clark
The Philosophical Underpinning And General Workings Of Chinese Mediation Systems: What Lessons Can American Mediators Learn?, Kevin C. Clark
Pepperdine Dispute Resolution Law Journal
Of the various ADR processes available to the disputant seeking ADR, mediation has arguably become the "process choice of today" because -it is a very dynamic, user-friendly process" with a high success rate. Despite its recent successes, however, mediation is not a modern creation. It has been used for centuries in places all around the world. One of these places is China. This article introduces the reader to the philosophical underpinnings of the Chinese legal system as it relates to mediation and the general workings of the Chinese mediation model. It is the author's thesis that as western nations enthusiastically …
Is A Written Constitution Necessary?, Diarmuid F. O'Scannlain
Is A Written Constitution Necessary?, Diarmuid F. O'Scannlain
Pepperdine Law Review
No abstract provided.
Negotiating On Un-Holy Land: The Road From Israel To Palestine , Randolph "Michael" Nacol Ii
Negotiating On Un-Holy Land: The Road From Israel To Palestine , Randolph "Michael" Nacol Ii
Pepperdine Dispute Resolution Law Journal
The Middle East is no stranger to conflict. In particular, the land currently called "Israel" has been through the hands of many dynasties and has long been the center of religious development and identity. Despite turmoil and failed attempts at achieving peace, there is no excuse for complacency in resolving this intolerable Israeli-Palestinian divide. The conflict is arguably the longest, most complicated, deep-seated, and vicious battle in modern history. This article explores various fundamentals of negotiation and settlement with the hopes of spurring ideas, and furthering an interest in how this great conflict might finally be resolved. Recognizing most topics …
Mediation Outcomes: Lawyers' Experience With Commercial And Construction Mediation In The United Kingdom , Penny Brooker, Anthony Lavers
Mediation Outcomes: Lawyers' Experience With Commercial And Construction Mediation In The United Kingdom , Penny Brooker, Anthony Lavers
Pepperdine Dispute Resolution Law Journal
This paper reports on the final phase of a three-year study into the role of lawyers in the development of Alternative Dispute Resolution (ADR) following the implementation of the Civil Procedure Rules in 1999 and draws comparisons between US and Canadian studies. The paper centres on the use of mediation, which is recognised as the pre-eminent ADR process in the UK. Data are analysed from 30 interviews with specialist commercial and construction-related lawyers who have utilised mediation in the dispute resolution process. Interviewees were selected from respondents to a national survey of lawyers specializing in commercial and construction-related practice. Whereas …
Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto
Negotiating And Mediating Peace In Africa , Nancy Erbe, Chinedu Bob Ezeh, Daniel Karanja, Neba Monifor, George Mubanga, Ndi Richard Tanto
Pepperdine Dispute Resolution Law Journal
Last year, a law review solicited my thoughts about, in their words, pushing the envelope with social justice and negotiating peace in a world dominated by power and violence. Taking their language literally, one must ask how to effectively address contemporary obstacles to ensure that the message and, most importantly, the means of justice are truly delivered to those in need. One answer-which may seem obvious to readers but is actually much too rare in practice-is to work with, empower, and support the conflict work of the community members themselves. This article introduces the plans of five African professionals, demonstrating …