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Articles 1 - 9 of 9

Full-Text Articles in Law

Remarks On Case-Management Criminal Mediation, Maureen Laflin Jan 2004

Remarks On Case-Management Criminal Mediation, Maureen Laflin

Articles

No abstract provided.


Action Science And Negotiation, Michael Moffitt, Scott R. Peppet Jan 2004

Action Science And Negotiation, Michael Moffitt, Scott R. Peppet

Articles

No abstract provided.


Adr Ethics, Scott R. Peppet Jan 2004

Adr Ethics, Scott R. Peppet

Articles

No abstract provided.


Settling The Wilderness, Sarah Krakoff Jan 2004

Settling The Wilderness, Sarah Krakoff

Articles

No abstract provided.


Contract Formation In Imperfect Markets: Should We Use Mediators In Deals?, Scott R. Peppet Jan 2004

Contract Formation In Imperfect Markets: Should We Use Mediators In Deals?, Scott R. Peppet

Articles

This Article asks a simple question: Could third-party mediators be helpful in deals, just as they are in disputes? This Article makes a theoretical argument for such interventions, but also presents preliminary empirical evidence suggesting that transactional mediation may already be taking place.


Workplace Mediation: The First-Phase, Private Caucus In Individual Discrimination Disputes, Emily M. Calhoun Jan 2004

Workplace Mediation: The First-Phase, Private Caucus In Individual Discrimination Disputes, Emily M. Calhoun

Articles

No abstract provided.


The Pervasiveness Of Culture In Conflict, Pat K. Chew Jan 2004

The Pervasiveness Of Culture In Conflict, Pat K. Chew

Articles

Law faculty and scholars are increasingly cognizant of the role of culture in dispute resolution. This essay offers a beginning roadmap for exploring the cultural context of conflict. It begins by considering how to assess our own cultural profiles, highlighting some useful social science constructs for this purpose. It then discusses how our interactive perception of others' cultural profiles makes a difference. The essay also explores the tensions between, on one hand, the pervasiveness of culture in conflict and, on the other hand, American legal traditions that appear contrary to the incorporation of culture into dispute resolution processes.


Beyond Rights: Legal Process And Ethnic Conflicts, Elena Baylis Jan 2004

Beyond Rights: Legal Process And Ethnic Conflicts, Elena Baylis

Articles

Unresolved ethnic conflicts threaten the stability and the very existence of multi-ethnic states. Ethnically divided states have struggled to build safeguards against such disputes into their political and legal systems by establishing federal political structures, designing elections to encourage participation, and entering complex power-sharing arrangements, but such measures cannot be expected to prevent all conflict. Human rights and minority rights guarantees likewise have proven unable to accommodate all relevant groups and interests. Accordingly, multi-ethnic states facing persistent ethnic conflicts need to develop effective dispute resolution systems for resolving those conflicts as they arise. This presents an important question: what kinds ...


A Global Convention On Choice Of Court Agreements, Ronald A. Brand Jan 2004

A Global Convention On Choice Of Court Agreements, Ronald A. Brand

Articles

This article reviews the work of the Special Commission of the Hague Conference on Private International Law, which meet during the first nine days of December 2003 to consider a Draft Text on Choice of Court Agreements. Negotiations originally sought a rather comprehensive convention on jurisdiction and the recognition and enforcement of judgments, with a preliminary draft convention being prepared in October 1999, and further revised at the first part of a Diplomatic Conference in June 2001. When it became clear that some countries, particularly the United States, could not agree to the convention being considered, negotiations were redirected at ...