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The Philosophical Underpinning And General Workings Of Chinese Mediation Systems: What Lessons Can American Mediators Learn?, Kevin C. Clark
The Philosophical Underpinning And General Workings Of Chinese Mediation Systems: What Lessons Can American Mediators Learn?, Kevin C. Clark
Pepperdine Dispute Resolution Law Journal
Of the various ADR processes available to the disputant seeking ADR, mediation has arguably become the "process choice of today" because -it is a very dynamic, user-friendly process" with a high success rate. Despite its recent successes, however, mediation is not a modern creation. It has been used for centuries in places all around the world. One of these places is China. This article introduces the reader to the philosophical underpinnings of the Chinese legal system as it relates to mediation and the general workings of the Chinese mediation model. It is the author's thesis that as western nations enthusiastically …
Making Peace The Old Fashioned Way: Infusing Traditional Tribal Practices Into Modern Adr , Matt Arbaugh
Making Peace The Old Fashioned Way: Infusing Traditional Tribal Practices Into Modern Adr , Matt Arbaugh
Pepperdine Dispute Resolution Law Journal
Native Americans have their own unique traditional method of resolving disputes. Their processes, called peacemaking by some tribes, place the emphasis not on the guilt of the wrongdoer, but on restoring relationships and finding a solution that is amenable to all involved. This emphasis on saving the relationship has many similarities to current practices of mediation. Among the similar goals between mediation and peacemaking are the use of ADR allows both sides to reach a better conclusion and the desire to spend less money and to satisfy more people. However, this approach has critics who see it as another attempt …
When Does Familiarity Breed Content? A Study Of The Role Of Different Forms Of Adr Education And Experience In Attorneys' Adr Recommendations , Roselle L. Wissler
When Does Familiarity Breed Content? A Study Of The Role Of Different Forms Of Adr Education And Experience In Attorneys' Adr Recommendations , Roselle L. Wissler
Pepperdine Dispute Resolution Law Journal
This article first reviews proposed explanations for and solutions to the low rate of voluntary ADR use, as well as related empirical research. The article then reports the findings of a study that involved a survey of attorneys regarding their ADR education, experience with ADR as counsel or as a third-party neutral, and advice to clients about ADR. This study found that attorneys' direct experience with ADR, especially in their role as counsel but also as a neutral, was strongly related to whether they recommended ADR to clients. In contrast, ADR education had little or no relationship with attorneys' ADR …
Mediation Outcomes: Lawyers' Experience With Commercial And Construction Mediation In The United Kingdom , Penny Brooker, Anthony Lavers
Mediation Outcomes: Lawyers' Experience With Commercial And Construction Mediation In The United Kingdom , Penny Brooker, Anthony Lavers
Pepperdine Dispute Resolution Law Journal
This paper reports on the final phase of a three-year study into the role of lawyers in the development of Alternative Dispute Resolution (ADR) following the implementation of the Civil Procedure Rules in 1999 and draws comparisons between US and Canadian studies. The paper centres on the use of mediation, which is recognised as the pre-eminent ADR process in the UK. Data are analysed from 30 interviews with specialist commercial and construction-related lawyers who have utilised mediation in the dispute resolution process. Interviewees were selected from respondents to a national survey of lawyers specializing in commercial and construction-related practice. Whereas …
The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper
The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper
Pepperdine Dispute Resolution Law Journal
Since its rise to power in July of 1994, the Rwandan government has been committed to prosecuting all those accused of genocide. To prosecute the approximately 130,000 defendants, Rwanda has adopted a program called gacaca, based on Rwanda's traditional customary dispute resolution system. The gacaca law provides a reconciliation component that allows defendants to trade confessions of past genocide crimes for indemnification, as well as a prosecution component that holds the most serious offenders accountable in a Western style prosecution in a formal court of law. One of the main goals of gacaca is to end the so-called "culture …
Team Mediation: An Interdisciplinary Model Balancing Mediation In The "Matrix" , David C. Hesser, Elizabeth Jarrell Craig
Team Mediation: An Interdisciplinary Model Balancing Mediation In The "Matrix" , David C. Hesser, Elizabeth Jarrell Craig
Pepperdine Dispute Resolution Law Journal
The Team Mediation model proposed in this article lays a foundation for the resolution of civil disputes utilizing an interdisciplinary team, which will attempt to balance mediation styles in a team dynamic in such a way as to provide the parties with a greater chance of success. Such a model will likely be met with skepticism and, as with any new idea, its benefits will need to be demonstrated to overtake the skeptics.
Is Three A Crowd? Neutrality, Partiality And Partisanship In The Context Of Tripartite Arbitrations , David J. Mclean, Sean-Patrick Wilson
Is Three A Crowd? Neutrality, Partiality And Partisanship In The Context Of Tripartite Arbitrations , David J. Mclean, Sean-Patrick Wilson
Pepperdine Dispute Resolution Law Journal
This paper will discuss issues surrounding party-appointed arbitrators on tripartite panels and will attempt to offer practical observations about what parties can expect under the tripartite system.
Style Vs. Model: Why Quibble? , Susan Oberman
Style Vs. Model: Why Quibble? , Susan Oberman
Pepperdine Dispute Resolution Law Journal
This article raises some of the questions necessary to address criticisms about quality and ethics of mediation practices: (Part I) Is there a "mandate" to provide informal justice through mediation? (Part II) Why challenge the generic mediation mythology? (Part III) Does naming differences as 'styles' result in greater clarity? (Part IV) Is mediation fulfilling its "mandate" to serve the court? (Part V) What are the obstacles to changing the dominant discourse on mediation? (Part VI) In answering these questions, an alternative framework is proposed to shift the current discourse about generic mediation based on artistry or style, to a discourse …