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Full-Text Articles in Law
A Realist Systematic Review Of Cross-Sector Collaboration Implementation In Developing Countries & Mediation As A Useful Instrument, Jessica Kritz
A Realist Systematic Review Of Cross-Sector Collaboration Implementation In Developing Countries & Mediation As A Useful Instrument, Jessica Kritz
Pepperdine Dispute Resolution Law Journal
This review will provide a realistic systematic review to synthesize evidence on successful cross-sector collaboration implementation in developing (low and middle income) countries. More specifically, this review will explicitly consider interactions between strategy, context, and mechanisms to provide an indication as to how cross-sector collaboration governance helps some cross-sector collaboration succeed, grow, and become sustainable. This paper will also present mediation as potentially a useful mechanism to implement cross-sector collaboration implementation in developing countries.
Mediating Towards Forgiveness & Family Reconciliation In Divorce; Select Issues In Dispute Resolution: Apology & Forgiveness, Selina J. Shultz
Mediating Towards Forgiveness & Family Reconciliation In Divorce; Select Issues In Dispute Resolution: Apology & Forgiveness, Selina J. Shultz
Pepperdine Dispute Resolution Law Journal
This paper examines the importance of forgiveness and the rebuilding of trust in the reconciliation of the family during and after a divorce, and contemplates the mediator’s role in leading the parties in this direction.
Utility Function And Rational Choice As Support Mechanisms To Maximize Mediation And Legal Negotiation Settlement Output, Roberto Kuster
Utility Function And Rational Choice As Support Mechanisms To Maximize Mediation And Legal Negotiation Settlement Output, Roberto Kuster
Pepperdine Dispute Resolution Law Journal
This article provides a general negotiation background, establishing some basic definitions such as BATNA, interests, and “Shadow of Law.” Then, it works with the two-step process of utility maximization and rational choice to achieve the optimal settlement output within mediation and legal negotiation processes. Lastly, it points out methods to support the theories in ways that a lawyer could understand and apply correctly. Thus, the article offers an idea for an optimal settlement in a legal negotiation/mediation. It takes the complementary views of recognized authors, from Fisher and Ury’s "how to negotiate" manual, Raiffa's lucid explanation of applied game theory, …
Investor-State Dispute Settlement Reconceptionalized: Regulation Of Disputes, Standards And Mediation, M. R. Dahlan, Wolf Von Kumberg
Investor-State Dispute Settlement Reconceptionalized: Regulation Of Disputes, Standards And Mediation, M. R. Dahlan, Wolf Von Kumberg
Pepperdine Dispute Resolution Law Journal
This paper argues that the current criticisms of Investor-State Dispute Settlement (ISDS) are ill-informed, and attempts at reforming the system are misguided. The definition of ISDS itself has been, for a long time, limited to investment quasi-judicial bodies or at best arbitration. Analysis of the roots of the ever growing backlash reveals that the main causes for concern are politically negotiated investment treaties, an inherently biased system, lack of transparency, and inconsistent decision-making. Examination of the core reasons behind these complaints leads to the conclusion that the EU Commission’s solution to reform ISDS through a permanent court raises more issues …
A Divided Nation: Political Polarization And Dispute Resolution, Lindsey Phipps
A Divided Nation: Political Polarization And Dispute Resolution, Lindsey Phipps
Pepperdine Dispute Resolution Law Journal
This article will discuss the causes and consequences of party polarization and propose that the legislative body work more collaboratively and cooperatively through direct implementation of alternative dispute resolution techniques such as negotiation and mediation in the legislative process. Part I will define political polarization, what it looks like today, its causes and its consequences. Part II will propose and explain the use of dispute resolution techniques and tactics, such as, negotiation, mediation and alternative dispute resolution to mitigate the effects of political polarization. Part III will conclude that dispute resolution techniques and tactics will mitigate the inadequacies created by …
Mediator Or Judge?: California’S Mandatory Mediation Statute In Child Custody Disputes, Sofya Perelshteyn
Mediator Or Judge?: California’S Mandatory Mediation Statute In Child Custody Disputes, Sofya Perelshteyn
Pepperdine Dispute Resolution Law Journal
This article will argue that mandatory mediation offers important benefits, including lightening the overloaded court system and capitalizing on the flexibility and personalization of mediation in certain kinds of disputes. This article will also discuss how allowing the mediator to provide recommendations to the judge after unsuccessful negotiations can shatter the basic tenets of mediation and create an altogether different process for the dispute. Furthermore, it will argue that California’s mandatory mediation statute creates a system more akin to litigation, since the parties are presenting their case to a mediator who wears the hat of both mediator and judge. In …
The Multi-Purpose Attorney: The Interpreting Attorney-Mediator, Catherine Gramajo
The Multi-Purpose Attorney: The Interpreting Attorney-Mediator, Catherine Gramajo
Pepperdine Dispute Resolution Law Journal
The attorney-mediator may be a beneficial hybrid, but what happens when another layer is added to the attorney's functions? Specifically, what happens when the attorney takes on the role of both mediator and interpreter? Part I will provide a brief overview of the increasing role of attorneys as mediators, as well as an overview of the guidelines for mediators and interpreters. Part II examines the importance of language and culture in mediation, particularly focusing on the vital function of the interpreter in the United States. Given the variety of languages spoken in the United States, interpreters are becoming an essential …
A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim
A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim
Pepperdine Dispute Resolution Law Journal
This paper will reveal employers' perception of the EEOC Mediation Program and offer viable changes that may encourage more employer participation in the mediation program. Although the mediation program is supposed to be fair and neutral, the possibility of favoritism, bias, prejudice, or the perception thereof remains high because of the mediation program's structure. If the EEOC were to make changes to its program that also creates a perception of impartiality, then employers would be more willing to participate. To demonstrate this, Part II of this article will begin by discussing the history of the EEOC from its initiating mandate …
Culture And Its Importance In Mediation, Joel Lee
Culture And Its Importance In Mediation, Joel Lee
Pepperdine Dispute Resolution Law Journal
This article seeks to take the reader on this "meta-journey." It will first explore definitions and frameworks about culture before looking at how culture is important in mediation. Specific attention will be placed on the context of Singapore, and we will look at Singapore's journey to dealing with the intersection between culture and mediation. This article will then look at formulating a working model to traverse the intersections between status and belonging on one hand, and modes of communication and face concerns on the other.
Use Of Mediation To Recover Rights To Our Genes, Rachel Albert
Use Of Mediation To Recover Rights To Our Genes, Rachel Albert
Pepperdine Dispute Resolution Law Journal
No abstract provided.
The Medicare Appeals Crisis: Why Mediation Is The Medicine, Michelle Ellis
The Medicare Appeals Crisis: Why Mediation Is The Medicine, Michelle Ellis
Pepperdine Dispute Resolution Law Journal
This article will explore how unmeritorious RAC-reversals recently polluted the Medicare appeals process, and how this has led to a crisis for both providers and the United States Department of Health & Human Services (HHS). Furthermore, this article will consider the lack of available remedies and narrow measures taken by HHS, and will instead advocate for mediation as the best means of easing the backlog. While the delays also directly affect Medicare beneficiaries, this article will limit its discussion to the backlog in relation to providers and suppliers.
A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley
A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley
Pepperdine Dispute Resolution Law Journal
No abstract provided.