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Full-Text Articles in Law
Die Mediation Der Geschichte: Von Der Wiedergutmachung Bis Zur Bürgerlichen Identität, Kenneth Ian Macduff
Die Mediation Der Geschichte: Von Der Wiedergutmachung Bis Zur Bürgerlichen Identität, Kenneth Ian Macduff
Ian Macduff
In states experiencing post-colonial processes of reconciliation and compensation for historical wrongs, mediators can find that their work with indigenous peoples and the states involves the mediation of history and memory. Such mediations have a further dimension: historical claims by indigenous peoples can also involve claims to a distinctive and identity-based citizenship. Mediations about the memory of past relations thus also deal with the prospects for a political future, including forms of sovereignty. Mediatoren werden bei ihrer Arbeit in Staaten, die sich in von Wiedergutmachung und Kompensation geprägten post-kolonialen Prozessen befinden, feststellen, dass ihre Arbeit mit den Eingeborenen und dem …
Mediating Commitments, Ian Macduff
Mediating Commitments, Ian Macduff
Ian Macduff
This paper explores the implications of one aspect of intercultural theory –the dimension of power distance– in order to comment on the nature of commitments in the mediation process. The familiar model of Western ediation assumes that parties can identify core interests and negotiate around those, through prioritising, trading and balancing. At the heart of our thinking about commitments are our ideas about agency, autonomy, and accountability. However, a core implication of empirical work on power distance suggests that expectations of deference may lead some participants to avoid direct decision-making responsibility and, rather than work towards commitments, to act on …
Redemption And Resistance: Lessons In Non-Violent Action From Early Aotearoa/New Zealand, Ian Macduff
Redemption And Resistance: Lessons In Non-Violent Action From Early Aotearoa/New Zealand, Ian Macduff
Ian Macduff
This article provides a brief account of the non-violent resistance of two Maori chiefs, Te Whiti and Tohu, in 19th century New Zealand. Each example of such non-violent or passive resistance is unique to its historical and cultural context; but at the same time there is a tangible common ground between this example and those found elsewhere, such as Martin Luther King and Gandhi. This article will also draw a link between the politics of acts of resistance – in this case, resistance to the forceful acquisition of Maori land – and faith-based justifications. In conclusion, it will be suggested …
From Digital Deals To Cyber Citizens: Ict, Online Dispute Resolution, And Civic Dialogue, Kenneth Ian Macduff
From Digital Deals To Cyber Citizens: Ict, Online Dispute Resolution, And Civic Dialogue, Kenneth Ian Macduff
Ian Macduff
No abstract provided.
Part Ii - What Would You Do - With A Taniwha At The Table?, Ian Macduff
Part Ii - What Would You Do - With A Taniwha At The Table?, Ian Macduff
Ian Macduff
In the last issues of Negotiation Journal, the author explored the complicating factor of having a taniwha or spirit at the negotiating table in a New Zeland case. He challenged his readers to give him suggestions about how negotiators might grapple with often preplexing problems posed by the spiritual valus of their counterparts.
What Would You Do - With A Taniwha At The Table?, Ian Macduff
What Would You Do - With A Taniwha At The Table?, Ian Macduff
Ian Macduff
In New Zealand, a complicating factor in some disputes may involve the presence (whether one believes it or not) of a taniwha, or spirit, as a major part of the negotiations. What advice would you have for mediators who face such significant cross-cultural, identity-based issues? The author hopes readers of this journal will be able to provide some insighful advice.
Decision-Making And Commitments: The Impact Of Power Distance In Mediation, Kenneth Ian Macduff
Decision-Making And Commitments: The Impact Of Power Distance In Mediation, Kenneth Ian Macduff
Ian Macduff
No abstract provided.
Using Blogs As A Teaching Tool In Negotiation, Ian Macduff
Using Blogs As A Teaching Tool In Negotiation, Ian Macduff
Ian Macduff
This article reports on the experimental use of blogs as a teaching tool in a course on negotiation and mediation. The blogs were of two kinds: individual journal blogs accessible only by the student author and the course instructor, and a class or collective blog, accessible by all members of the course. The use of blogs builds on the familiar use of journals as a tool for reflection and personal review and adopts the technology of online communication with which the student body is increasingly familiar and comfortable. The article reports on the student response to this development and the …
Contradiction And Conflict: High- And Low-Context Communication In Mediation, Kenneth Ian Macduff
Contradiction And Conflict: High- And Low-Context Communication In Mediation, Kenneth Ian Macduff
Ian Macduff
No abstract provided.
Your Pace Or Mine: Culture, Time And Negotiation, Ian Macduff
Your Pace Or Mine: Culture, Time And Negotiation, Ian Macduff
Ian Macduff
This article explores the impact that different perceptions of time may have on cross-cultural negotiations. Beyond obvious issues of punctuality and timekeeping, differences may occur in the value placed on the uses of time and the priorities given to past, present, or future orientations. The role of time in negotiations involves two key dimensions: differing perceptions and values of time, and the management of time. Both dimensions, the author suggests, need to be on the negotiation table.