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Mediation And The Neocolonial Legal Order: Access To Justice And Self-Determination In The Philippines, Eduardo R.C. Capulong
Mediation And The Neocolonial Legal Order: Access To Justice And Self-Determination In The Philippines, Eduardo R.C. Capulong
Faculty Law Review Articles
In this article, the author examines how the process of U.S.-style alternative dispute resolution is unfolding in the Philippines, a former U.S. colony.
Drawing from representative case studies, Part I highlights emerging practices in the global South counter-hegemonic to the fundamentals of U.S.-style mediation.
Part II describes the Philippine community mediation experience, in particular the ideologies, structures, and practices of indigenous dispute resolution, the neighborhood justice system, and court-annexed mediation.
Part III discusses access to justice and self-determination as they relate specifically to community mediation in a postcolonial context.
Using qualitative research the author conducted in the Philippines in 2010, …