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Articles 1 - 19 of 19
Full-Text Articles in Law
Addressing Barriers To Diversity, Equity, And Inclusion In Massachusetts Community Mediation, Madhawa Palihapitiya, Shino Yokotsuka, Karina Zeferino, Jarling Ho
Addressing Barriers To Diversity, Equity, And Inclusion In Massachusetts Community Mediation, Madhawa Palihapitiya, Shino Yokotsuka, Karina Zeferino, Jarling Ho
Massachusetts Office of Public Collaboration Publications
This report presents over three years of systematically engaging, documenting and analyzing the diversity, equity and inclusion (DEI) needs/gaps and assets of state funded community mediation centers in Massachusetts. The report was compiled by researchers and an in-house DEI expert at the statutory state office of dispute resolution, the Massachusetts Office of Public Collaboration (MOPC) at the University of Massachusetts Boston. The office has been serving as a neutral forum and state-level resource for over 30 years.
The report is based on qualitative research that falls into the category of community based participatory research conducted through a series of community …
Addressing Barriers To Diversity, Equity, And Inclusion In Massachusetts Community Mediation, Madhawa Palihapitiya, Jarling Ho, Shino Yokotsuka, Karina Zeferino
Addressing Barriers To Diversity, Equity, And Inclusion In Massachusetts Community Mediation, Madhawa Palihapitiya, Jarling Ho, Shino Yokotsuka, Karina Zeferino
Massachusetts Office of Public Collaboration Publications
This report presents over three years of systematically engaging, documenting and analyzing the diversity, equity and inclusion (DEI) needs/gaps and assets of state funded community mediation centers in Massachusetts. The report was compiled by researchers and an in-house DEI expert at the statutory state office of dispute resolution, the Massachusetts Office of Public Collaboration (MOPC) at the University of Massachusetts Boston. The office has been serving as a neutral forum and state-level resource for over 30 years.
The report is based on qualitative research that falls into the category of community based participatory research conducted through a series of community …
Conflict Resolution From An Islamic Perspective: From Conflict Resolution To Diversity Management, Moh'd Naim Yassien, Eman Yassien
Conflict Resolution From An Islamic Perspective: From Conflict Resolution To Diversity Management, Moh'd Naim Yassien, Eman Yassien
UAEU Law Journal
The paper discusses conflict resolution and management concepts provided earlier in literature. Then, using Islamic concepts and Guidance provided by the Quran, the paper shifts the perspective of conflict into a new dimension, considering diversity as the main root for our model. Diversity can be managed well to create synergy(Good outcome), or, if not managed properly, would drive to conflict which the author considers as the bad outcome of diversity , that is why the Quran regards conflict as the cause of failure. Finally, the paper introduces a new model for conflict management process based on Islamic concepts and the …
The Reconstruction Of Mediation: A Shift Toward Cultural Competency And Social Sophistication, Wynne Reece
The Reconstruction Of Mediation: A Shift Toward Cultural Competency And Social Sophistication, Wynne Reece
Mitchell Hamline Law Review
No abstract provided.
Measuring Diversity In The Adr Field: Some Observations And Challenges Regarding Transparency, Metrics And Empirical Research, Maria R. Volpe
Measuring Diversity In The Adr Field: Some Observations And Challenges Regarding Transparency, Metrics And Empirical Research, Maria R. Volpe
Pepperdine Dispute Resolution Law Journal
This article, which will address some observations and challenges of measuring diversity in the dispute resolution field, grows out of an invitation from Nancy Welsh to give a presentation at Texas A&M University Law School’s conference focusing on transparency, metrics, and empirical research. The theme of the conference provided a reminder not only about the necessity but also the urgency to deepen our thinking regarding diversity and inclusivity among dispute resolution neutrals by giving greater attention to the metrics needed for transparency and a better understanding of the field. What this article will illustrate is that the search for data …
Mediation And Millennials: A Dispute Resolution Mechanism To Match A New Generation, Shawna Benston, Brian Farkas
Mediation And Millennials: A Dispute Resolution Mechanism To Match A New Generation, Shawna Benston, Brian Farkas
Journal of Experiential Learning
No abstract provided.
Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn
Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn
Northwestern Journal of Law & Social Policy
No abstract provided.
Panel Discussion: Expanding Our Conception Of Justice
Panel Discussion: Expanding Our Conception Of Justice
Northwestern Journal of Law & Social Policy
No abstract provided.
The Psychology Of Conflict: Mediating In A Diverse World, Samantha Skabelund
The Psychology Of Conflict: Mediating In A Diverse World, Samantha Skabelund
Arbitration Law Review
No abstract provided.
American Muslims: How The “American Creed” Fosters Assimilation And Pluralism, James R. Moore
American Muslims: How The “American Creed” Fosters Assimilation And Pluralism, James R. Moore
Cultural Encounters, Conflicts, and Resolutions
This article examines the status of American Muslims in the United States in relationship to other cultural groups and some of the widespread stereotypes that plague Muslims in contemporary society. Much has been written about the discrimination faced by Muslims, particularly after the September 11, 2001 attacks, spawned by religious, racial, and ethnic bigotry. Some polls show many Americans harbor some prejudices against Muslims, but these prejudices have not resulted in widespread violence or discrimination; although there has been some violence and discrimination experienced by some Muslims, the empirical data show that the majority of American Muslims are very successful …
The Diversity Challenge: Exploring The "Invisible College" Of International Arbitration, Susan Franck
The Diversity Challenge: Exploring The "Invisible College" Of International Arbitration, Susan Franck
Susan D. Franck
As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in international arbitration. With a lack of accurate, complete, and publicly available data about international arbitrators and practitioners, speculation about membership in the “invisible college” of international arbitration abounds. Using data from a survey of attendees at the prestigious and elite biennial Congress of the International Council for Commercial Arbitration permitted one glimpse into the …
International Arbitration: Demographics, Precision And Justice, Susan Franck, James Freda, Kellen Lavin, Tobias A. Lehmann, Anne Van Aaken
International Arbitration: Demographics, Precision And Justice, Susan Franck, James Freda, Kellen Lavin, Tobias A. Lehmann, Anne Van Aaken
Contributions to Books
ICCA Congress Series No. 18 comprises the proceedings of the twenty-second Congress of the International Council for Commercial Arbitration (ICCA), held in Miami in 2014. The articles by leading arbitration practitioners and scholars from around the world address the challenges, both perceived and real, to the legitimacy of international arbitration.
The volume focusses on the twin pillars of legitimacy: justice, in procedure and outcome, and precision at every phase of the proceedings. Contributions on justice explore issues related to diversity, fairness and whether arbitral institutions can do more to foster legitimacy – based on the responses of nine international arbitral …
The Diversity Challenge: Exploring The "Invisible College" Of International Arbitration, Susan D. Franck
The Diversity Challenge: Exploring The "Invisible College" Of International Arbitration, Susan D. Franck
Scholarly Articles
As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in international arbitration. With a lack of accurate, complete, and publicly available data about international arbitrators and practitioners, speculation about membership in the “invisible college” of international arbitration abounds. Using data from a survey of attendees at the prestigious and elite biennial Congress of the International Council for Commercial Arbitration permitted one glimpse into the …
The Diversity Challenge: Exploring The 'Invisible College' Of International Arbitration, Susan Franck
The Diversity Challenge: Exploring The 'Invisible College' Of International Arbitration, Susan Franck
Articles in Law Reviews & Other Academic Journals
As diversity can affect the perceived legitimacy of a state’s dispute resolution system and the quality of judicial decisions, diversity levels in the national bench and bar have been an area of transnational concern. By contrast, little is known about diversity of adjudicators and counsel in international arbitration. With a lack of accurate, complete, and publicly available data about international arbitrators and practitioners, speculation about membership in the “invisible college” of international arbitration abounds. Using data from a survey of attendees at the prestigious and elite biennial Congress of the International Council for Commercial Arbitration permitted one glimpse into the …
Dissenting In And Dissenting Out, Nancy Leong
Dissenting In And Dissenting Out, Nancy Leong
Chicago-Kent Law Review
The intense legal and social preoccupation with the appearance of diversity and nondiscrimination both reflects and reinforces a process I call “identity capitalism.” Through that process, ingroup individuals and ingroup-dominated institutions derive value from outgroup identity. This process results in the commodification of outgroup identity, with negative consequences for both outgroup members and society. Outgroup members actively participate in the process of identity capitalism in various ways. In particular, they leverage their outgroup membership to derive social and economic value for themselves. I call such outgroup participants “identity entrepreneurs.” In this essay, I apply the framework of identity entrepreneurship to …
Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Thomas Stipanowich
Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Thomas Stipanowich
Thomas J. Stipanowich
Two decades ago many believed we were experiencing a “Quiet Revolution” in the way conflict was managed, and nowhere was this more true than in the construction sector. Frustration with the costs, delays, risks and limitations of lawyer-driven adjudication prompted growing attention to informal methods aimed at early resolution of disputes, with those who “owned” the dispute back in the driver’s seat. A smorgasbord of options for preventing, managing and resolving conflict was suddenly on the table. There were strategies aimed at the very roots of conflict, including contractual terms aimed at promoting collaboration and reducing the chance of serious …
The Administrative Law Judge As A Bridge Between Law And Culture, Phyllis E. Bernard
The Administrative Law Judge As A Bridge Between Law And Culture, Phyllis E. Bernard
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Arbitral Law-Making, Thomas E. Carbonneau
Arbitral Law-Making, Thomas E. Carbonneau
Michigan Journal of International Law
Diversity--of a cultural, economic, religious, and political kind—exists not only among nation-states and in the sources and interpretation of international law, but also among the group of commentators who study the interactions of transborder actors and institutions. For example, sociologists interested in the global community seek to identify emerging entities and activities and to elaborate conceptual models that explain the new differentiations within the traditional pattern. Some of them have a mounting interest in the fashioning of transborder commercial justice by international arbitrators and private arbitral institutions. Who are these new players? How did they acquire their mandate? Further, how …
Diversity Issues In Mediation: Controlling Negative Cultural Myths, Isabelle R. Gunning
Diversity Issues In Mediation: Controlling Negative Cultural Myths, Isabelle R. Gunning
Journal of Dispute Resolution
This article (by a concerned supporter) explores this criticism of mediation. Part II surveys the critics who argue that mediation's informality and lack of procedure disadvantages members of minority groups and women. Part II then takes the next step that the critics have not taken, explaining how mediation could affect adversely disadvantaged groups. Part III suggests solutions to the problem which involve a greater level of mediator intervention than is generally accepted and defends these solutions.