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Achieving Substantive Justice In Mediation Through Procedural Justice: An Illusory Or Realizable Goal?, Dorcas QUEK ANDERSON 2018 Singapore Management University

Achieving Substantive Justice In Mediation Through Procedural Justice: An Illusory Or Realizable Goal?, Dorcas Quek Anderson

Research Collection School Of Law

Mediation has been plagued with a problem of legitimacy. Genn stated that mediation “does not contribute to substantive justice because mediation requires the parties to relinquish ideas of legal rights during mediation and focus, instead, on problem-solving”. Mediation appears to be all about procedural justice, a concept that is associated with perceptions of fair treatment. And procedural justice does not seem to have any discernible link with substantive justice, in terms of giving effect to well-accepted norms.This blog entry is drawn from a paper that was presented at the Australasian Dispute Resolution Research Network 6th Annual Roundtable and the ...


Deferred Prosecution Agreements In Singapore?, Eunice CHUA 2018 Singapore Management University

Deferred Prosecution Agreements In Singapore?, Eunice Chua

Research Collection School Of Law

On 15 January 2018, Minister for Law and Home Affairs K Shanmugam said at a dialogue organised by the Law Society that deferred prosecution agreements (DPAs) could be introduced in Singapore as part of proposed changes to the criminal justice system. DPAs are agreements by the prosecutor to suspend prosecution of a corporate entity if it complies with specific conditions. If the corporation fails to comply with the conditions, the prosecution may resume. This post examines the case for and against DPAs and explores the issues they may present in the Singapore context.


Vindicating The Effective Vindication Exception: Protecting Federal Statutory Rights In The Employment Context, Colby J. Byrd 2018 University of Oklahoma College of Law

Vindicating The Effective Vindication Exception: Protecting Federal Statutory Rights In The Employment Context, Colby J. Byrd

Oklahoma Law Review

No abstract provided.


Crossing Troubled Waters: Joining Non-Signatories In Maritime Arbitration - The Co-Optation And Containment Of Consent In United States And British Law, Glenys P. Spence 2018 Arizona Summit Law School

Crossing Troubled Waters: Joining Non-Signatories In Maritime Arbitration - The Co-Optation And Containment Of Consent In United States And British Law, Glenys P. Spence

Roger Williams University Law Review

No abstract provided.


Celebrating Mundane Conflict, Deborah J. Cantrell 2018 University of Colorado Law School

Celebrating Mundane Conflict, Deborah J. Cantrell

Articles

This Article interrogates the dominant conception of conflict and challenges the narrative of conflict as hard, difficult and painful to engage. The Article reveals two primary framing errors that cause one to misperceive how ubiquitous and ordinary is conflict. The first error is to misperceive conflict as categorical — something either is a conflict or it is not. People make that error as a way of trying to avoid conflict. People falsely hope that there might be a category of “not conflict,” like disagreements, that will be easier to navigate. The second error is to misperceive the world and individuals as ...


"Arbitration Schmarbitration": Examining The Benefits And Frustrations Of Defining The Process, Jean R. Sternlight 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

"Arbitration Schmarbitration": Examining The Benefits And Frustrations Of Defining The Process, Jean R. Sternlight

Nevada Law Journal

No abstract provided.


Re-Inventing Arbitration: How Expanding The Scope Of Arbitration Is Re-Shaping Its Form And Blurring The Line Between Private And Public Adjudication, Deborah R. Hensler, Damira Khatam 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Re-Inventing Arbitration: How Expanding The Scope Of Arbitration Is Re-Shaping Its Form And Blurring The Line Between Private And Public Adjudication, Deborah R. Hensler, Damira Khatam

Nevada Law Journal

No abstract provided.


Arbitration's Dark Shadow, Benjamin P. Edwards 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Arbitration's Dark Shadow, Benjamin P. Edwards

Nevada Law Journal

No abstract provided.


Evolution Of The Arbitrtation Forum As A Response To Mandatory Arbitration, Teresa J. Verges 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Evolution Of The Arbitrtation Forum As A Response To Mandatory Arbitration, Teresa J. Verges

Nevada Law Journal

No abstract provided.


Arbitration, What Is It Good For?, Thomas O. Main 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Arbitration, What Is It Good For?, Thomas O. Main

Nevada Law Journal

No abstract provided.


Response: Public Litigation, Private Arbitration?, David L. Noll 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Response: Public Litigation, Private Arbitration?, David L. Noll

Nevada Law Journal

No abstract provided.


The Blurring Of The Public/Private Distrinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Blurring Of The Public/Private Distrinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez

Nevada Law Journal

No abstract provided.


Reconciling Fault Lines In Arbitration And Redefining Arbitration Through The Broader Lens Of Procedure, Imre S. Szalai 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Reconciling Fault Lines In Arbitration And Redefining Arbitration Through The Broader Lens Of Procedure, Imre S. Szalai

Nevada Law Journal

No abstract provided.


The Metaphysics Of Arbitration: A Reply To Hensler And Khatam, Hiro N. Aragaki 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Metaphysics Of Arbitration: A Reply To Hensler And Khatam, Hiro N. Aragaki

Nevada Law Journal

No abstract provided.


Rethinking The Law Of Legal Negotiation: Confidentiality Under Federal Rule Of Evidence 408 And Related State Laws, Richard C. Reuben 2018 University of Missouri School of Law

Rethinking The Law Of Legal Negotiation: Confidentiality Under Federal Rule Of Evidence 408 And Related State Laws, Richard C. Reuben

Faculty Publications

Federal Rule of Evidence 408 and related state laws are among the most important rules to implement the national policy favoring the settlement of legal disputes. These rules bar the introduction of statements made during negotiations leading to the resolution of legal disputes. However, comprehensive analysis of the rule's text, doctrinal history, and modem context demonstrates that the rule no longer meets its noble goals. Rather, the rule has evolved textually from a remarkably narrow and complex categorical presumption of inadmissibility with limited exceptions to a simpler rule that gives courts considerable deference to admit such evidence when they ...


Living With No: Political Polarization And Transformative Dialogue, Erik Cleven, Robert A. Baruch Bush, Judith A. Saul 2018 University of Missouri School of Law

Living With No: Political Polarization And Transformative Dialogue, Erik Cleven, Robert A. Baruch Bush, Judith A. Saul

Journal of Dispute Resolution

We argue that dispute resolution processes should not be seen as a substitute for the political process, but rather a complement that can help strengthen it. Based on this view, and on the authors’ experience with dialogue work in the former Yugoslavia, as well as in urban and rural settings in the United States, we argue that transformative processes, specifically an approach we call Transformative Dialogue, are best suited to addressing the challenges of political polarization both in the United States and internationally. This is because the primary goal of transformative processes is not to reach agreement or find common ...


There's An "App" For That: Developing Online Dispute Resolution To Empower Economic Development, Amy J. Schmitz 2018 University of Missouri School of Law

There's An "App" For That: Developing Online Dispute Resolution To Empower Economic Development, Amy J. Schmitz

Faculty Publications

Traditionally, litigation has been the norm for resolving disputes. It takes place in a public forum and face-to-face. In a global economy, however, such public and face-to-face dispute resolution is not feasible. This is especially true with cross-border purchases through e-commerce. E-commerce requires more efficient and less litigious remedy systems that allow consumers to obtain remedies on their purchases without the cost and travel associated with traditional face-to-face procedures. This has led to development of online dispute resolution (“ODR”) processes, especially with respect to business-to-consumer contracts. Accordingly, scholarship and policy papers have advanced ODR for the benefit of consumers. What ...


Truth In A Post-Truth Society: How Sticky Defaults, Status Quo Bias, And The Sovereign Prerogative Influence The Perceived Legitimacy Of International Arbitration, S. I. Strong 2018 University of Missouri School of Law

Truth In A Post-Truth Society: How Sticky Defaults, Status Quo Bias, And The Sovereign Prerogative Influence The Perceived Legitimacy Of International Arbitration, S. I. Strong

Faculty Publications

Through empirical and theoretical studies conducted by political scientists, philosophers, psychologists, and economists, this Article demonstrates how three phenomena - sticky defaults, status quo bias, and the sovereign prerogative-work in parallel to create enduring, but demonstrably incorrect, perceptions about the legitimacy of international arbitration. Interdisciplinary research also provides a potential solution in the form of a heuristic known as the Reversal Test, which acts as an objective diagnostic tool to identify the influence of unconscious cognitive distortions such as the status quo bias. Through this analysis, this Article not only addresses one of the core paradoxes in international dispute resolution, but ...


Introduction To "Dispute Resolution And Political Polarization", Rafael Gely 2018 University of Missouri School of Law

Introduction To "Dispute Resolution And Political Polarization", Rafael Gely

Faculty Publications

Dispute resolution practitioners and scholars know conflict. In fact, some would say that we love conflict. And yet, despite our affinity with conflict, the polarization that is evident in today's public space has been disconcerting. While we generally operate in a space where we are constantly exploring options, seeking compromise, helping participants explore their interests and finding ways to move towards agreement, what seems like an inability to even engage in any kind of dialogue is troubling. These and other related concerns led the editors of the Journal of Dispute Resolution to solicit contributions from seven well-known conflict resolution ...


A Blueprint For Online Dispute Resolution System Design, Amy J. Schmitz 2018 University of Missouri School of Law

A Blueprint For Online Dispute Resolution System Design, Amy J. Schmitz

Faculty Publications

A great deal of discussion focuses on how arbitration and similar private dispute resolution harms consumers, and how businesses seek ways to avoid helping consumers. It is often assumed that companies and consumers are on opposing “teams.” In reality, however, consumers and companies enjoy more commonalities than contradictions. Both benefit when deals go well and disputes are resolved quickly and cheaply. The problem is that face-to-face dispute resolution can be costly in terms of time and money. Furthermore, getting lawyers involved may inspire gamesmanship and adversarial antics aimed to protect one’s reputation for staying “strong” and refusing to settle ...


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