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Full-Text Articles in Law

Part Ii - What Would You Do - With A Taniwha At The Table?, Ian Macduff Oct 2003

Part Ii - What Would You Do - With A Taniwha At The Table?, Ian Macduff

Research Collection School Of Law

In the last issues of Negotiation Journal, the author explored the complicating factor of having a taniwha or spirit at the negotiating table in a New Zeland case. He challenged his readers to give him suggestions about how negotiators might grapple with often preplexing problems posed by the spiritual valus of their counterparts.


Global Trends In Mediation, Nadja Alexander Jul 2003

Global Trends In Mediation, Nadja Alexander

Research Collection School Of Law

Mediation is a process both new, in terms of its emergence in the legal arena, and old in terms of its timeless universality. From its birth in the western world, mediation has travelled a winding and often challenging path through common law and then civil law jurisdictions. Suggestions that mediation would be nothing more than a short-lived fad have been short-lived themselves. At the same time many critical questions about mediation process, mediation structures and environment, and mediation outcomes have yet to be explored from a global and comparative perspective.


What Would You Do - With A Taniwha At The Table?, Ian Macduff Jul 2003

What Would You Do - With A Taniwha At The Table?, Ian Macduff

Research Collection School Of Law

In New Zealand, a complicating factor in some disputes may involve the presence (whether one believes it or not) of a taniwha, or spirit, as a major part of the negotiations. What advice would you have for mediators who face such significant cross-cultural, identity-based issues? The author hopes readers of this journal will be able to provide some insighful advice.


International Developments In Mediation (Internationale Entwicklungen Der Gerichtsnahen Mediation), Nadja Alexander May 2003

International Developments In Mediation (Internationale Entwicklungen Der Gerichtsnahen Mediation), Nadja Alexander

Research Collection School Of Law

No abstract provided.


Global Trends In Mediation, Nadja Alexander Jan 2003

Global Trends In Mediation, Nadja Alexander

Research Collection School Of Law

Mediation is a process both new, in terms of its emergence in the legal arena, and old in terms of its timeless universality. From its birth in the western world, mediation has travelled a winding and often challenging path through common law and then civil law jurisdictions. Suggestions that mediation would be nothing more than a short-lived fad have been short-lived themselves. At the same time many critical questions about mediation process, mediation structures and environment, and mediation outcomes have yet to be explored from a global and comparative perspective.The civil law/ common law dichotomy has always been a ...


Book Review: East Meeting West In The Mediation Marketplace, Nadja Alexander Jan 2003

Book Review: East Meeting West In The Mediation Marketplace, Nadja Alexander

Research Collection School Of Law

China is now ‘all the rage’. Everyone is either learning Mandarin or tripping off on a conference to Beijing or a business trip to Shanghai. Commercial concerns are busy establishing trade links with Chinese partners to prepare for the emergence of the biggest marketplace in the world. The business of ADR is no exception.


Global Trends In Mediation: Riding The Third Wave, Nadja Alexander Jan 2003

Global Trends In Mediation: Riding The Third Wave, Nadja Alexander

Research Collection School Of Law

No abstract provided.


Mediation In Germany: The Long And Winding Road, Nadja Alexander, Walther Gottwald, Thomas Trenczek Jan 2003

Mediation In Germany: The Long And Winding Road, Nadja Alexander, Walther Gottwald, Thomas Trenczek

Research Collection School Of Law

No abstract provided.