Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 6 of 6
Full-Text Articles in Law
Comment: Trends And Challenges In Bringing Together Adr And The Rule Of Law, Stephanie E. Smith
Comment: Trends And Challenges In Bringing Together Adr And The Rule Of Law, Stephanie E. Smith
Journal of Dispute Resolution
The goals of justice, peace, and prosperity will not be achieved overnight. Strategies that aim to achieve a perfect state in a short time frame are doomed to failure. Rule of law approaches should be individualized for local context, and be nimble enough to adapt over time to advance these ambitious goals. Success will require drawing upon expertise from many practice areas and academic fields, and coordinating activities to maximize limited resources.
Alternative Dispute Resolution And The Rule Of Law In International Development Cooperation, James Michel
Alternative Dispute Resolution And The Rule Of Law In International Development Cooperation, James Michel
Journal of Dispute Resolution
This paper briefly reviews the concept of development and related international cooperation. It then examines how the rule of law has been addressed in development programs and offers some thoughts about the contribution of ADR for advancing the rule of law and, in turn, contributing to human security, wellbeing, and dignity.
Reflections On Designing Governance To Produce The Rule Of Law, Lisa Blomgren Bingham
Reflections On Designing Governance To Produce The Rule Of Law, Lisa Blomgren Bingham
Journal of Dispute Resolution
This article first briefly reviews definitions of the rule of law. Second, it briefly reviews current understandings and approaches to governance. Third, it introduces the concept of dispute systems design, its application to collaborative governance across the policy continuum, and failures in the rule of law as seen through this frame. Finally, it provides examples of rule of law initiatives organized across the policy process in governance.
Adr And Transitional Justice As Reconstructing The Rule Of Law, Michal Alberstein
Adr And Transitional Justice As Reconstructing The Rule Of Law, Michal Alberstein
Journal of Dispute Resolution
This paper addresses the role of ADR in reconstructing the rule of law following the critique this idea received during the 20th century, and exemplifies this role through reference to another alternative movement in law-The Transitional Justice movement. In contrast to efforts to reconcile the notion of the rule of law with ADR, or to demarcate the proper interaction between these social institutions in achieving justice, this paper argues for a deeper connection between the two notions: After briefly analyzing the intricate meanings of the rule of law notion through history and its relation to ADR, the paper continues to …
Deliberative Look At Alternative Dispute Resolution And The Rule Of Law, A, Peter Muhlberger
Deliberative Look At Alternative Dispute Resolution And The Rule Of Law, A, Peter Muhlberger
Journal of Dispute Resolution
This paper critiques the foundations of Aragaki's analysis, but also gives credit on the importance of dealing with people as less than fully rational. The critique suggests, again, a deep commonality between DD and ADR and potential improvements to both approaches. True collaboration between these approaches, however, requires some re-theorizing of both, including a reconsideration of rationality itself. This paper will sketch some ways in which this might be achieved and, in particular, how DD theory and research may prove helpful for ADR.
Lost In Translation: Can Exporting Adr Harm Rule Of Law Development, Cynthia Alkon
Lost In Translation: Can Exporting Adr Harm Rule Of Law Development, Cynthia Alkon
Journal of Dispute Resolution
This article will begin with a brief explanation of rule of law development work. Section III will describe the role of legitimacy in developing rule of law. Section IV will discuss some examples of how ADR programs are typically included in rule of law development work. Section V will discuss when promotion of ADR programs may work against the development of rule of laws, specifically when ADR might seem more like a new form of corruption or when it might reinforce already existing bad practices. Section VI will offer some questions for ADR and rule of law development practitioners to …