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Inside The Caucus: An Empirical Analysis Of Mediation From Within, Daniel M. Klerman, Lisa Klerman 2014 BLR

Inside The Caucus: An Empirical Analysis Of Mediation From Within, Daniel M. Klerman, Lisa Klerman

University of Southern California Legal Studies Working Paper Series

This article provides a rare glimpse into the worlds of mediation and settlement negotiation. Because they are almost always private, there has been almost no empirical analysis of the dynamics of settlement or mediation. This article analyzes a unique data set derived from a mediator’s contemporaneous notes of more than four hundred mediations. Nearly all the cases involved employment disputes, such as claims of discrimination or wrongful termination. Among the most interesting facts uncovered by this analysis are the following. Mediation can be extremely effective in facilitating settlement. The mediator studied here achieved a settlement rate of over 94 ...


Private Conciliation Of Discrimination Disputes: Confidentiality, Informalism And Power, Katherine L. Lynch Ms. 2014 SelectedWorks

Private Conciliation Of Discrimination Disputes: Confidentiality, Informalism And Power, Katherine L. Lynch Ms.

Katherine L. Lynch Ms.

This paper examines the use of private conciliation to resolve discrimination disputes in Hong Kong under the auspices of the Hong Kong Equal Opportunities Commission (EOC). The unique nature of discrimination disputes are analyzed, along with various policy issues arising out of the use of a private informal process of conciliation by the EOC to enforce and ensure compliance with public anti-discrimination legislation. A range of public policy issues are discussed with proposals made for potential reform of the EOC conciliation model for dispute resolution.


What Has Sharia Got To Do With Arbitration, Mohamed Raffa 2014 SelectedWorks

What Has Sharia Got To Do With Arbitration, Mohamed Raffa

Mohamed Raffa Dr.

In Arbitration, parties do not seek revenge as in criminal proceedings, they are there to seek equitable justice in compensation. In Sharia, rules are set to eliminate equitable injustice. For cultural differences as well as misconceptions due in large to the influence of Sharia based local laws and the complicated enforcement schemes, many foreign investors have been reluctant to seat their arbitrations in countries that apply Sharia or to attach themselves to a contract with a ‘Sharia Arbitration’ clause.


'Easy In, Easy Out': A Future For U.S. Workplace Representation, Samuel Estreicher 2014 NELLCO

'Easy In, Easy Out': A Future For U.S. Workplace Representation, Samuel Estreicher

New York University Public Law and Legal Theory Working Papers

This paper proposes an amendment to our basic labor laws that I call “easy in, easy out.” Essentially, representation elections — secret-ballot votes to decide whether employees want union representation and whether they want to be represented by the particular petitioning labor organization(s) — in relatively broad units, would, over time, become automatic. Every two years (unless the union achieved a collective bargaining agreement, in which case every three years) the employees in the unit, after an initial minimal required showing of interest, would have an opportunity to vote in a secret ballot whether they wish to continue the union’s ...


'Easy In, Easy Out': A Future For U.S. Workplace Representation, Samuel Estreicher 2014 NELLCO

'Easy In, Easy Out': A Future For U.S. Workplace Representation, Samuel Estreicher

New York University Law and Economics Working Papers

This paper proposes an amendment to our basic labor laws that I call “easy in, easy out.” Essentially, representation elections — secret-ballot votes to decide whether employees want union representation and whether they want to be represented by the particular petitioning labor organization(s) — in relatively broad units, would, over time, become automatic. Every two years (unless the union achieved a collective bargaining agreement, in which case every three years) the employees in the unit, after an initial minimal required showing of interest, would have an opportunity to vote in a secret ballot whether they wish to continue the union’s ...


Australia’S Boatpeople Policy: Regional Cooperation Or Passing The Buck?, Christopher C. White 2014 Cleveland State University

Australia’S Boatpeople Policy: Regional Cooperation Or Passing The Buck?, Christopher C. White

Cultural Encounters, Conflicts, and Resolutions

The Australian government implemented a new policy in July 2013 in an attempt to more effectively address the recent spike in irregular migrants trying to reach its shores. In this paper, I examine the panic over migration in Australia concerning asylum seekers arriving by boat. The discussion is divided into two main themes. First, I look at how the Australian government is attempting to manage irregular immigration with a specific focus on the regional arrangement with Papua New Guinea. I argue that instead of mutually beneficial efforts at regional cooperation, the Australian government is merely shifting its responsibilities to a ...


Intergenerational Conflicts In Iran: Myth Or Reallity?, Mohammad Hossein Panahi 2014 Cleveland State University

Intergenerational Conflicts In Iran: Myth Or Reallity?, Mohammad Hossein Panahi

Cultural Encounters, Conflicts, and Resolutions

One of the important social issues attracting the attention of social thinkers in post WWII era has been the issue of intergenerational conflict. Presented by scholars such as Karl Manheim and Margaret Mead, it was thought that in post WWII era intergenerational conflicts or gap rose to a degree that it made the communication and understanding between pre and post WWII generations very difficult. It was theorized that this unbridgeable gap between the two generations was due to grave and rapid social changes that occurred in that era, so that these two generations experienced and lived in two totally different ...


Immigrants, Roma And Sinti Unveil The “National” In Italian Identity, Francesco Melfi 2014 Cleveland State University

Immigrants, Roma And Sinti Unveil The “National” In Italian Identity, Francesco Melfi

Cultural Encounters, Conflicts, and Resolutions

This essay picks up a few threads in the ongoing debate on national identity in Italy. Immigration and the intertwining of cultures locally have stretched the contours of the nation state to a breaking point. As a result, the social self has become a sharply contested terrain between those who want to install a symbolic electronic fence around an imagined fatherland and those who want a more inclusive nation at home in a global world. After discussing the views of Amin Maalouf (2000), Alessandro Dal Lago (2009), Abdelmalek Sayad (1999) and Patrick Manning (2005) on national identity and migration in ...


More Than A Tribesman: The New African Diasporan Identity, Stephen M. Magu 2014 Cleveland State University

More Than A Tribesman: The New African Diasporan Identity, Stephen M. Magu

Cultural Encounters, Conflicts, and Resolutions

Current global levels of immigration stand at about 300 million persons; of these, IFAD estimates that 30 million Africans are in the Diaspora. The contributions of diasporic Africans to their communities and to the cultural experiences of the United States are multimodal. To their domiciles, they contribute economically, empowering their families to become more active and less dependent on the state, while transmitting ideas about democracy and better government. At the same time, they contribute to their adopted homelands through social and cultural activities, cultural festivals and other indicators of cultural connectedness to their motherlands. The African diaspora of necessity ...


Daily Border Crossings: Negotiations Of Gender, Body And Subjectivity In The Lives Of Women Workers In Urban Malls., Rachana Johri Dr., Krishna Menon Dr. 2014 Cleveland State University

Daily Border Crossings: Negotiations Of Gender, Body And Subjectivity In The Lives Of Women Workers In Urban Malls., Rachana Johri Dr., Krishna Menon Dr.

Cultural Encounters, Conflicts, and Resolutions

The last two decades have seen the emergence of not just new markets but new market spaces that provide a visual experience of products and persons that closely approximates the field set up by the global media. Malls represent the concrete representations of unabashed celebration and acknowledgment of desire. Malls are one of the spaces that shape everyday lives suggesting the rightfulness of fulfilling sexual, cultural, social and gastronomic desires. One ‘category’ of persons presumably shaped by these spaces are those who work in them. Our concern is particularly with the negotiation of body and subjectivity as women travel daily ...


Table Of Contents, 2014 Cleveland State University

Table Of Contents

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.


Introduction, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D. 2014 Cleveland State University

Introduction, Antonio Medina-Rivera, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

This introduction precedes the initial issue of the journal Cultural Encounters, Conflicts, and Resolutions.


The Implication Of The Icsid Convention, The Resurrection Of The ‘International Minimum Standard’ And The Theory Of Internationalization Of State Contracts In Investment Treaty Arbitration., Felix O. Okpe 2014 SelectedWorks

The Implication Of The Icsid Convention, The Resurrection Of The ‘International Minimum Standard’ And The Theory Of Internationalization Of State Contracts In Investment Treaty Arbitration., Felix O. Okpe

Felix O. Okpe

Under international investment law, it is axiomatic that the potential for investment disputes is rife in the conduct of foreign investments in host States. This is often the case where foreign investors allege that an act or omission attributable to the host State negatively impacts the investor’s proprietary interests. The settlement of the envisaged investment disputes is more common where the host State is a developing country in the context of the ICSID Convention. As a result, what has become paramount in the arbitration of investment disputes is the protection of foreign investment in the host State. This way ...


Arbitraje Civil Y Mercantil En México, Max García- Sanchez, Jusey Martinez- Carrasco 2014 Latin American and Caribbean Law and Economics Association

Arbitraje Civil Y Mercantil En México, Max García- Sanchez, Jusey Martinez- Carrasco

Max Garcia Sanchez

No abstract provided.


The Appeal Of Icsid Awards: How The Aminz Appellate Mechanism Can Guide Reform Of Icsid Procedure, Christopher Smith 2014 University of Georgia School of Law

The Appeal Of Icsid Awards: How The Aminz Appellate Mechanism Can Guide Reform Of Icsid Procedure, Christopher Smith

Georgia Journal of International & Comparative Law

No abstract provided.


The Contribution Of The International Tribunal For The Law Of The Sea To The Development Of The Current International Law Of The Sea, With Special Reference To The Polar Regions, Gabriela A. Oanta Associate professor of public international law 2014 SelectedWorks

The Contribution Of The International Tribunal For The Law Of The Sea To The Development Of The Current International Law Of The Sea, With Special Reference To The Polar Regions, Gabriela A. Oanta Associate Professor Of Public International Law

Gabriela A. Oanta Associate professor of public international law

This article analyzes the contribution of the International Tribunal for the Law of the Sea (ITLOS) to the development of the international law of the sea. On the hand, the mechanism of dispute settlement provided by UNCLOS and other international agreements adopted in the last thirty years approximately over the oceans and seas will be studied. And on the other hand, this article presents an analysis of the past, present and future activity of the International Tribunal for the Law of the Sea with regard to the two polar regions, the Arctic and the Antarctica. Antarctica lato sensu has received ...


New Trends In Construction Dispute Resolution In Peru: Implementation Of Dispute Boards, Juan Jonnathan Bravo, Jaime Gray, César Guzmán-Barrón, Rigoberto Zúñiga 2014 SelectedWorks

New Trends In Construction Dispute Resolution In Peru: Implementation Of Dispute Boards, Juan Jonnathan Bravo, Jaime Gray, César Guzmán-Barrón, Rigoberto Zúñiga

Juan Jonnathan Bravo

“...in recent years the Peruvian State has been contracting steadily, with ever larger numbers of infrastructure works that have stimulated the economy and added value to the country. However, the economy is not the only thing to grow with increased construction activ-ity; so too do the problems that arise during execution of contracts..."


Designing A Court-Annexed Mediation Program For Civil Cases In Brazil: Challenges And Opportunities, Fernando V. Luiz 2014 SelectedWorks

Designing A Court-Annexed Mediation Program For Civil Cases In Brazil: Challenges And Opportunities, Fernando V. Luiz

Fernando V Luiz

In this article, I demonstrate that mediation is an important form of dispute resolution, displaying benefits when compared with adjudication. I try to refine what mediation is by contrasting it with judicial settlement conferences and conciliation. Regarding the ongoing process in Brazil, I state that every society should adapt a mediation program that is attainable for its social-economic and cultural reality. Criticizing the current Brazilian policies, I present the positive and negative aspects of the Resolution n. 125 of the National Council of Justice (CNJ), analyzing a possible program design feasible for the country, focusing on the issues of funding ...


The Civil Resolution Tribunal (Slideshow), Darin Thompson 2014 Australian Centre for Justice Innovation

The Civil Resolution Tribunal (Slideshow), Darin Thompson

Timeliness in the Justice System: Ideas and Innovations

Slide show presented by Mr Darin Thompson, Director, Court Reform, Victoria, Canada (via video link) for theTimeliness in the Justice System: Ideas and Innovations forum, Australian Centre for Justice Innovation, Monash University, 16-17 May 2014.

Mr Thompson's presentation was given during the 'Innovations in Timeliness - Technology' session, 2:30-3:30 pm, 16 May 2014.


Welcome And Introduction, Timeliness In The Justice System: Ideas And Innovations, Peter Cashman 2014 Australian Centre for Justice Innovation

Welcome And Introduction, Timeliness In The Justice System: Ideas And Innovations, Peter Cashman

Timeliness in the Justice System: Ideas and Innovations

‘Welcome and Introduction’ paper by Dr Peter Cashman, University of Sydney, for the Timeliness in the Justice System: Ideas and Innovations forum, Australian Centre for Justice Innovation, Monash University, 16 May 2014


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