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Full-Text Articles in Law
Globalization And Financial Dispute Resolution: Examining Areas Of Convergence And Informed Divergence In Financial Adr, Shahla F. Ali
Globalization And Financial Dispute Resolution: Examining Areas Of Convergence And Informed Divergence In Financial Adr, Shahla F. Ali
Journal of Dispute Resolution
The global reach of the financial crisis calls for renewed investigation on the impact of globalization on international legal practice. Part One of this paper examines the theoretical perspectives on the impact of globalization on international legal practice. Part Two provides a global review of financial dispute resolution programs, including arbitration models and ombudsman systems, developed to address the financial complaints of retail investors that intensified during and after the financial crisis. Australia, the United Kingdom, the United States, Singapore and Hong Kong are featured because they each reflect either the ombudsman or arbitration model of financial dispute resolution. Part …
Family, The Market, And Adr, The, Amy J. Cohen
Family, The Market, And Adr, The, Amy J. Cohen
Journal of Dispute Resolution
This Article proceeds in three Parts. I begin by briefly summarizing what I will refer to as separate spheres ideology-the idea that our normative understandings of the family and the market are constructed in contradistinction to one another. I then show how this conceptual distinction between the family and the market shaped the development of alternative dispute processing during two periods of time. The first period, which I introduce to frame the second, examines how dispute processing reformers-beginning during the Progressive era and continuing to the 1930s-distinguished alternative forums for family disputes from alternative forums for commercial ones. In Part …
Comment: Trends And Challenges In Bringing Together Adr And The Rule Of Law, Stephanie E. Smith
Comment: Trends And Challenges In Bringing Together Adr And The Rule Of Law, Stephanie E. Smith
Journal of Dispute Resolution
The goals of justice, peace, and prosperity will not be achieved overnight. Strategies that aim to achieve a perfect state in a short time frame are doomed to failure. Rule of law approaches should be individualized for local context, and be nimble enough to adapt over time to advance these ambitious goals. Success will require drawing upon expertise from many practice areas and academic fields, and coordinating activities to maximize limited resources.
Adr And Transitional Justice As Reconstructing The Rule Of Law, Michal Alberstein
Adr And Transitional Justice As Reconstructing The Rule Of Law, Michal Alberstein
Journal of Dispute Resolution
This paper addresses the role of ADR in reconstructing the rule of law following the critique this idea received during the 20th century, and exemplifies this role through reference to another alternative movement in law-The Transitional Justice movement. In contrast to efforts to reconcile the notion of the rule of law with ADR, or to demarcate the proper interaction between these social institutions in achieving justice, this paper argues for a deeper connection between the two notions: After briefly analyzing the intricate meanings of the rule of law notion through history and its relation to ADR, the paper continues to …
Deliberative Look At Alternative Dispute Resolution And The Rule Of Law, A, Peter Muhlberger
Deliberative Look At Alternative Dispute Resolution And The Rule Of Law, A, Peter Muhlberger
Journal of Dispute Resolution
This paper critiques the foundations of Aragaki's analysis, but also gives credit on the importance of dealing with people as less than fully rational. The critique suggests, again, a deep commonality between DD and ADR and potential improvements to both approaches. True collaboration between these approaches, however, requires some re-theorizing of both, including a reconsideration of rationality itself. This paper will sketch some ways in which this might be achieved and, in particular, how DD theory and research may prove helpful for ADR.
Lost In Translation: Can Exporting Adr Harm Rule Of Law Development, Cynthia Alkon
Lost In Translation: Can Exporting Adr Harm Rule Of Law Development, Cynthia Alkon
Journal of Dispute Resolution
This article will begin with a brief explanation of rule of law development work. Section III will describe the role of legitimacy in developing rule of law. Section IV will discuss some examples of how ADR programs are typically included in rule of law development work. Section V will discuss when promotion of ADR programs may work against the development of rule of laws, specifically when ADR might seem more like a new form of corruption or when it might reinforce already existing bad practices. Section VI will offer some questions for ADR and rule of law development practitioners to …
Colliding Worlds Of Dispute Resolution: Towards A Unified Field Theory Of Adr, David A. Hoffman
Colliding Worlds Of Dispute Resolution: Towards A Unified Field Theory Of Adr, David A. Hoffman
Journal of Dispute Resolution
In the essay that follows, I advocate for greater acceptance of the diversity of belief and practice in the field of dispute resolution and contend that the unifying elements of law and dispute resolution practice predominate over those elements that divide practitioners. After providing definitions of some of the primary forms of dispute resolution (in Part II), the article describes tensions in the Alternative Dispute Resolution (ADR) field (in Part III), quoting some of the harsh criticism that mediators, Collaborative practitioners, and other dispute resolvers have leveled at each other. Part III also expresses the concern that demonization and harsh …
Rejecting The Intertwining Doctrine: Favoring Adr While Hindering Judicial Efficiency And Economy, Michael Bekesha
Rejecting The Intertwining Doctrine: Favoring Adr While Hindering Judicial Efficiency And Economy, Michael Bekesha
Journal of Dispute Resolution
Often the scope of arbitration clauses does not include all potential claims. When the provision fails to provide for all disputes, courts may proceed in one of two ways to resolve both arbitrable and nonarbitrable claims: enforce the arbitration clause with respect to arbitrable claims, or ignore the private contract and litigate all issues at once. The Colorado Supreme Court, in Ingold v. AIMCO, chose the former - rejecting the intertwining doctrine. In doing so, Colorado aligned itself with the position that the United States Supreme Court embraced over twenty years ago. This casenote will discuss whether the Colorado Supreme …
Social Conflict: Some Basic Principles, Dean G. Pruitt
Social Conflict: Some Basic Principles, Dean G. Pruitt
Journal of Dispute Resolution
The term "conflict" has two generally accepted meanings.' The first refers to overt conflict-an argument, fight, or struggle. The second refers to subjective conflict-Party's perception that Party and Other have opposing beliefs or interests, or that Other has deprived or annoyed Party in some way. The latter concept is richer for theory building than the former, in that there are several strategies Party can employ in reaction to subjective conflict. Party can take a contentious approach and retaliate, or Party can try to impose its will on Other by means of an argument, demand, or threat. This strategy is very …
Adr Through A Cultural Lens: How Cultural Values Shape Our Disputing Processes, Julia Ann Gold
Adr Through A Cultural Lens: How Cultural Values Shape Our Disputing Processes, Julia Ann Gold
Journal of Dispute Resolution
I arrived for my second Nepali language class on time, but the teacher kept chatting about inconsequential things. I was paying by the hour, and we had already spent 25 minutes talking about nothing! A week later, I received an invitation to an art exhibit. The location was "Royal Museum," so that is where I went, only to find an empty building and no people. What had I missed? In my first meeting with the Dean of the Law Campus, we talked about trekking, the upcoming religious holidays, his visit to Seattle two years ago, relatives in the United States, …
Why Further Development Of Adr In Latin America Makes Sense: The Venezuelan Model, Jose Alberto Ramirez Leon
Why Further Development Of Adr In Latin America Makes Sense: The Venezuelan Model, Jose Alberto Ramirez Leon
Journal of Dispute Resolution
This paper argues that Venezuelan society would benefit from further development of ADR. Part II will provide an overview of the main problems affecting the Venezuelan judiciary, part III will provide a background of ADR in the country, part IV will identify the main challenges the field has to overcome, part V will propose a different approach, and part VI will present the conclusion.