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Articles 1 - 12 of 12
Full-Text Articles in Law
A Call For Evidence-Based Research In Adr, Methura Sinnadurai, Benjamin Vanderwindt, Patricia Mcmahon, Trevor C. W. Farrow
A Call For Evidence-Based Research In Adr, Methura Sinnadurai, Benjamin Vanderwindt, Patricia Mcmahon, Trevor C. W. Farrow
Articles & Book Chapters
In any three-year period, almost half the adult population in Canada will experience at least one justiciable civil or family problem. Few, however, will have the resources to resolve their legal problems, thus highlighting longstanding barriers that make access to justice such a pressing issue in Canada. Among many global justice initiatives, a prominent call to action is Goal 16 of the 2030 United Nations Sustainable Development Goals, which commits nations to work towards ensuring equal access to justice for all by 2030. Although there is no single strategy to achieve this, evidence-based practices in all areas of civil and …
Selected Dispute Resolution Bibliography, Shannon Moldaver, Trevor C. W. Farrow
Selected Dispute Resolution Bibliography, Shannon Moldaver, Trevor C. W. Farrow
Articles & Book Chapters
Included in this bibliography is a selected set of dispute resolution and related professional responsibility and access to justice readings, primarily (although not exclusively) with a general negotiation and mediation focus. This bibliography is not comprehensive. Rather – given the breadth of dispute resolution, legal process, professional responsibility, and access to justice materials available – this bibliography includes a brief sampling of available readings that may be of interest to those studying, practicing, or thinking about dispute resolution.
Implementation Of Arbitration Decisions In Domestic Law, J. Scott Wilkie
Implementation Of Arbitration Decisions In Domestic Law, J. Scott Wilkie
Articles & Book Chapters
Arbitration, even if it seems simply providing for the possibility of arbitration, is increasingly attracting attention as a possible means to discipline the resolution of otherwise potentially intractable international tax controversies concerning the allocation of taxing rights under tax treaties.While perceived, though not without reservation, to be a potential welcome addition to a typical mutual agreement procedure (MAP) patterned on article 25 (“the MAP article”) of the OECD Model Tax Convention on Income and Capital(“the OECD Model”) in the form of article 25(5), other provisions of article 25, notably its “interpretive” and “application,”and “legislative”,aspects and contemplated recourse to a “joint …
“A Different Day In Court”: Exploring The Place Of Judicial Mediation In Ontario’S Alternative Dispute Resolution Landscape, Nicole Aylwin, Trevor C. W. Farrow
“A Different Day In Court”: Exploring The Place Of Judicial Mediation In Ontario’S Alternative Dispute Resolution Landscape, Nicole Aylwin, Trevor C. W. Farrow
Articles & Book Chapters
In January 2011, the Ontario Bar Association established a taskforce to explore the question of how judicial dispute resolution could improve access to justice in Ontario. In their recently released final report, the taskforce offers some compelling conclusions. In particular, the report recommends that JDR be formally recognised as part of the alternative dispute resolution options available in Ontario since it would provide litigants the opportunity to receive their “day in court” without the necessity of a costly trial.This article elaborates on the findings of the report and places them within the larger context of current research and Canadian policy …
An Introduction To Representative Negotiation, Trevor C. W. Farrow
An Introduction To Representative Negotiation, Trevor C. W. Farrow
Articles & Book Chapters
No abstract provided.
Whither Community Justice?: The Rise Of Court-Connected Mediation In The United States, Colleen M. Hanycz
Whither Community Justice?: The Rise Of Court-Connected Mediation In The United States, Colleen M. Hanycz
Articles & Book Chapters
This paper traces the development of mediation in the United States along two distinct paths: the court-connected paradigm and the community justice paradigm. In the former, as a child of the labour arbitration movement, the link between mediation and the law appears to have been forged at conception. In the latter, we see two distinct branches: the 'Community Mediation Center' model and the neighborhood Justice Center' model. Of those illustrations of community justice, only the first has been strongly connected to the law and legal institutions, while the second strand has retained its institutional independence. These neighbourhood justice centres appear …
Re-Framing The Sharia Arbitration Debate, Trevor C. W. Farrow
Re-Framing The Sharia Arbitration Debate, Trevor C. W. Farrow
Articles & Book Chapters
This article is a response to Mr. McGuinty regarding his response to religious arbitration in the province of Ontario. First, the issue is not about simply prohibiting religious tribunals. Second, it is not only an Ontario issue. Third, it is not necessarily even a Sharia (or religion) issue. This article focuses on these three problems.
Privatizing Our Public Civil Justice System, Trevor C. W. Farrow
Privatizing Our Public Civil Justice System, Trevor C. W. Farrow
Articles & Book Chapters
No abstract provided.
Dispute Resolution, Access To Civil Justice And Legal Education, Trevor C. W. Farrow
Dispute Resolution, Access To Civil Justice And Legal Education, Trevor C. W. Farrow
Articles & Book Chapters
This article examines current dispute resolution teaching and research programs in the context of improving access to justice through recent civil justice reform initiatives. Animated by extensive domestic and international literature, online and survey-based research, the article explores the landscape of alternative dispute resolution education (primarily at law schools), comments on the need for continued thinking and reform and acts as a leading resource to assist in the ongoing, collaborative development of dispute resolution initiatives in legal education in Canada and abroad.
Dispute Resolution And Legal Education: A Bibliography, Trevor C. W. Farrow
Dispute Resolution And Legal Education: A Bibliography, Trevor C. W. Farrow
Articles & Book Chapters
No abstract provided.
Thinking About Dispute Resolution, Trevor C. W. Farrow
Thinking About Dispute Resolution, Trevor C. W. Farrow
Articles & Book Chapters
This is a review of Julie Macfarlane et al., eds. Dispute Resolution: Readings and Case Studies. 2nd ed. Toronto: Emond Montgomery, 2003.
Making The Justice System Balance: Beyond The Zuber Report, Frederick H. Zemans
Making The Justice System Balance: Beyond The Zuber Report, Frederick H. Zemans
Articles & Book Chapters
The civil and criminal justice systems rely on a highly individualized dispute resolution process in which each litigant must both prosecute and present his or her own case with limited intervention by the court system and no direct involvement by the judiciary. Neil Brooks has noted that the adversarial system reflects the "political and economic ideology of classic English liberalism in three ways: by its emphasis upon self-interest and individual initiative; by its apparent distrust of the state; and, by the significance it attaches to the participation of the parties." Much of the current discussion of access to justice is …