Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 11 of 11
Full-Text Articles in Law
Mediators Without Borders: How Technology Is Leading The Charge To Globalised Dispute Resolution, Nadja Alexander
Mediators Without Borders: How Technology Is Leading The Charge To Globalised Dispute Resolution, Nadja Alexander
Research Collection Yong Pung How School Of Law
Mediation has made it to Hollywood. The opening scene of the romantic comedy The Wedding Crashers (2005) features a hilarious attempt at divorce mediation. The mediation scene does not demonstrate any mediation skills to be emulated and the film itself, apart from the opening scene, has nothing to do with mediation. Nevertheless one cannot ignore the power of the borderless dream machine called Hollywood. The Hollywood film industry does more than export films and fantasies around the world; it is a driving force in the globalisation of the themes with which it deals. When mediation becomes one of those themes …
Mobile Mediation: How Technology Is Driving The Globalization Of Adr, Nadja Alexander
Mobile Mediation: How Technology Is Driving The Globalization Of Adr, Nadja Alexander
Research Collection Yong Pung How School Of Law
Mediation has made it to Hollywood. The opening scene of the romantic comedy, The Wedding Crashers (2005), features a hilarious attempt at divorce mediation. The mediation scene does not demonstrate any mediation skills to be emulated, and the film itself, apart from the opening scene, has nothing to do with mediation. Nevertheless one cannot ignore the power of the borderless dream machine called Hollywood. The Hollywood film industry does more than export films and fantasies around the world; it is a driving force in the globalization of the themes with which it deals. When mediation becomes one of those themes …
Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson
Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson
Scholarly Works
This article was originally published as Selecting Mediators and Representing Clients in Cross-Cultural Disputes, 7 CARDOZO J. CONFLICT RESOL. 253 (2006).
Confidentiality In Arbitration: Beyond The Myth, Richard C. Reuben
Confidentiality In Arbitration: Beyond The Myth, Richard C. Reuben
Faculty Publications
Many people assume that arbitration is private and confidential. But is that assumption accurate? This article is the first to explore that question in the important context of whether arbitration communications can be discovered and admitted into evidence in other legal proceedings - a question that is just beginning to show up in the cases. It first surveys the federal and state statutory and case law, finding that arbitration communications in fact are generally discoverable and admissible. It then considers the normative desirability of discovering and admitting arbitration communications evidence, concluding that the free discovery and admissibility of arbitration communications …
Building The Emotionally Learned Negotiator, Erin Ryan
Building The Emotionally Learned Negotiator, Erin Ryan
Scholarly Publications
This piece reviews three recent books on the significance of emotion in negotiation and dispute resolution (Fisher & Shapiro: Beyond Reason: Using Emotions as You Negotiate; Peter Ladd: Mediation, Conciliation and Emotion: A Practitioner's Guide for Understanding Emotions in Dispute Resolution; and Lacey Smith: Get It! Street-Smart Negotiation at Work: How Emotions Get You What You Want), situating each work within a theory of practice for emotionally learned negotiators. After discussing the how the appearance of emotional sterility became synonymous with professionalism (and the toll this has taken on professional interaction), the piece sets forth a functional theory of emotion …
Securities Mediation: Dispute Resolution For The Individual Investor, Jill I. Gross
Securities Mediation: Dispute Resolution For The Individual Investor, Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
Part I of this article will provide a brief history of ADR in the securities industry (primarily arbitration), and then will describe the emergence of mediation as an alternative to arbitration. Part II will explore the state and federal statutory regulations that arguably govern the securities mediation process, and their impact on procedural and substantive justice. In particular, this section will review the applicability to and impact on securities mediation of the Securities Exchange Act of 1934 (1934 Act), the Federal Arbitration Act (FAA), and state mediation statutes, including the Uniform Mediation Act. In this section, I will argue that …
Mediating In The Shadow Of Australian Law: Structural Influences On Adr, Nadja Alexander
Mediating In The Shadow Of Australian Law: Structural Influences On Adr, Nadja Alexander
Research Collection Yong Pung How School Of Law
Mediation has grown rapidly in many Anglophone jurisdictions such as USA, Australia, Canada, New Zealand and England. The current state of mediation practice in many of these jurisdictions can be traced back to the establishment of community justice centres in the 1970s and 1980s. Mediation is practised in the private sector as well as in a wide range of court-referred programs. In many common law jurisdictions mediation is no longer a form of alternative dispute resolution, it has become primary dispute resolution.
The Law Of Mediation In Texas, L. Wayne Scott
The Law Of Mediation In Texas, L. Wayne Scott
Faculty Articles
State law concerning mediation is continuing to develop in Texas. The Texas Alternative Dispute Resolution Act (“the Act”), passed in 1987 and codified in the Texas Civil Practice and Remedies Code, attempted to resolve Texas judicial opinions on mediation. Since the passage of the Act, a number of judicial opinions have sought to interpret and apply the Act. As such, it became public policy to encourage the peaceable resolution of disputes. Mediation is a method to accomplish that public policy. Both published and unpublished judicial opinions serve to illustrate the application of the Act and provide the only guidance that …
Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Lisa Vollendorf Martin, Kay Pak, Sue Shin
Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Lisa Vollendorf Martin, Kay Pak, Sue Shin
Georgetown Law Faculty Publications and Other Works
This report discusses the findings of a Georgetown Law International Women’s Human Rights Clinic fact-finding team that traveled to Ghana, Africa in March 2003 to investigate domestic violence. The report reviews the contours of the domestic violence problem in Ghana and outlines the ways in which Ghanaian law and procedure was insufficiently addressing the problem at the time. Its chief findings include that the Ghanaian laws existing in 2003 inadequately punished perpetrators and protected victims of domestic violence and that court and police enforcement of the existing law was lacking, including because the government was allowing the removal of domestic …
Resolving Civilian-Police Complaints In New York City: Reflections On Mediation In The Real World, Raymond W. Patterson
Resolving Civilian-Police Complaints In New York City: Reflections On Mediation In The Real World, Raymond W. Patterson
Scholarly Works
The Civilian Complaint Review Board mediation program associated with the New York City Police Department appears to be an attractive alternative to the investigative process offered to complainants, offering the possibility of a higher level of satisfaction for both the civilian and the police officer. According to the scheme devised by the agency and the NYPD, cases that meet mediation guidelines should move smoothly from investigations through the approval process, coming to a scheduled mediation in a timely manner. Complaints containing some factor making them inappropriate for mediation should be able to be identified during that approval process, thus ensuring …
Teaching Adr In The Labor Field In China, Theodore J. St. Antoine
Teaching Adr In The Labor Field In China, Theodore J. St. Antoine
Articles
My first visit to China, in 1994, was purely as a tourist, and came about almost by accident. In late September of that year I attended the XIV World Congress of the International Society for Labor Law and Social Security in Seoul, South Korea. In the second week of October I was scheduled to begin teaching a one-term course in American law as a visiting professor at Cambridge University in England. Despite my hazy notions of geography, I realized it made no sense to return to the United States for the intervening week. The obvious solution was to continue flying …