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Dispute Resolution and Arbitration

Mindfulness

Kenneth H Fox

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Mirror As Prism, Kenneth Fox Dec 2013

Mirror As Prism, Kenneth Fox

Kenneth H Fox

As cooperative private international dispute resolution practices become increasingly common, it is tempting for conflict practitioners to assume that the human relations insights, skills, and practices that worked well for them at home will be equally effective (and appropriate) in an international, cross-cultural environment. Attending to the human dimension of conflict and interaction should be a central part of global negotiation and dispute resolution practice.

This Essay focuses on two dimensions of reflective and reflexive practice. It first discusses the nature of reflection-on-action and reflection-in-action from a modernist (“reflective”) and postmodern (“reflexive”) perspective. It then examines how engaging with practice …