Dispute Resolution and Arbitration Commons^™

On Confucius’S Ideology Of Aesthetic Order, Li Wang

Cultural Encounters, Conflicts, and Resolutions

Advocating order, order for all things, and taking order as beauty is the core element of Confucius’s aesthetic ideology. Confucius’s thought of aesthetic order is different from others of the “hundred schools of thoughts” in the pre-Qin period, and is also diverse from the Western value of aesthetic order. Confucius’s thought of aesthetic order has its own unique value system, which has become the mainstream value of aesthetic order in the Chinese society for 2000 years until today, after being integrated with the Chinese feudal imperial system in early Han Dynasty. This paper illustrates Confucius’s ideology of aesthetic order from …

Language And The Promised Land: Passage And Migration To A Spanish-Language ‘Third Place’, Kenya C. Dworkin Y Mendez

Cultural Encounters, Conflicts, and Resolutions

The Spanish-language anthology Caminos para la paz: Literatura israelí y árabe en castellano (Buenos Aires: Corregidor, 2007) [Paths towards/for Peace: Israeli and Arab literature in Castilian], compiled by Ignacio López-Calvo and Cristián Ricci, offers us a collection of over thirty reflections—some Jewish, others Muslim—about the millennial but also contemporary situation of two literally related and historic peoples in a language—Spanish—that seemingly allows them to inhabit the same, this time uncontested, space. Despite the potentially questionable title of the work, which couches the conflict as that of a nation-state versus a nation and/or two peoples contesting rights to one same land, …

Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer

Georgia Journal of International & Comparative Law

No abstract provided.

When To Turn To Mediation In Telco Disputes, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

The Ministry of Communications and Information(MCI) proposed the introduction of an alternative dispute resolution schemeto assist telecos and consumers in resolving their disputes. The mediationprocess is likely to be used. In response to this suggestion, Straits Times’ Tech Editor MsIrene Tham questioned whether mediation goes far enough to settle telcodisputes. This op-ed discusses the basic principles involved in the mediation process, as well as when mediation is appropriate and conversely when it is not. Recommendations are made on how to decide on the appropriate mode of dispute resolution for a particular dispute.

The Fate Of Armed Resistance Groups After Peace, David C. Williams

Indiana Journal of Constitutional Design

No abstract provided.

Taking Charge 2016: A Study Of The Strategic Budgeting Priorities Of The Residents Of Lincoln, Nebraska, Lisa M. Pytlikzillig, Addison Fairchild

Lisa PytlikZillig Publications

This report presents the results of the 2016 Taking Charge initiative sponsored by the City of Lincoln. This initiative included an online survey and a half-day, face-to-face, Community Conversation. Most previous Taking Charge activities have focused more narrowly on the immediate concerns of an impending budget proposal (e.g. which specific programs should be funded or discontinued to maintain a balanced budget). This year’s efforts also focused on specific items relevant to the City’s future budget policy priorities. As usual, residents were also given the opportunity to rate the City’s performance and City officials on a variety of performance characteristics.

A …

The Resolution Of Disputes Before The Singapore International Commercial Court, Man Yip

Research Collection Yong Pung How School Of Law

The jurisdictional framework of the Singapore courts has become more nuanced with the establishment of the Singapore International Commercial Court (SICC) on 5 January 2015 and the signing of the Hague Convention on the Choice of Court Agreements 2005 (Hague Convention) on 25 March 2015. Although the Hague Convention has yet to be incorporated in domestic law, it is expected this will happen in the near future. The SICC project, on the other hand, is part of Singapore's strategy to promote the jurisdiction as an international dispute resolution hub. In essence, the SICC is a domestic specialist court established to …

An Innovative Matrix For Dispute Resolution: The Dubai World Tribunal And The Global Insolvency Crisis, Jayanth K. Krishnan, Harold Koster

Articles by Maurer Faculty

This study examines a legal experiment that occurred during the height of the global financial crisis. As markets from the United States to Europe to the Global South shook, one country – the United Arab Emirates – found itself on the brink of economic collapse. In particular, in 2009 the U.A.E’s Emirate of Dubai was contemplating defaulting on $60 billion of debt it had amassed. Recognizing that such a default would have cataclysmic reverberations across the globe, Dubai’s governmental leaders turned to a small group of foreign lawyers, judges, accountants, and business consultants for assistance. Working in a coordinated fashion, …

Cultivating Courageous Communities Through The Practice And Power Of Dialogue, Robert R. Stains

Mitchell Hamline Law Review

No abstract provided.

Introduction: An Intentional Conversation About Public Engagement And Decision-Making: Moving From Dysfunction And Polarization To Dialogue And Understanding, Jessica Dubois, Sharon Press

Mitchell Hamline Law Review

No abstract provided.

Tharu Barghar-Mukhiya Indigenous Model: A Case Study Of Tharu Community Of Nepal, Narayan B. Khadka

Department of Conflict Resolution Studies Theses and Dissertations

This research explores the indigenous conflict resolution processes practiced by the Tharu community living in Nepal’s Bara, Dang and Bardiya districts, the role of Tharu traditions and customs, and the function of the Barghar-Mukhiya. Due to geographic and monetary challenges experienced by the Tharu accessing Nepal’s formal justice system, they continue to serve as a viable and vibrant vehicle for resolving minor and major conflicts at the community level and form the basis of researcher’s Barghar-Mukhiya model. Shaped by Tharu collectivist culture and traditions, it supports the social fabric of the community. Utilizing qualitative case study methodology, this research assesses …

The State Courts Centre For Dispute Resolution: Serving The Society With Quality Dispute Resolution Services, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Court Alternative Dispute Resolution (“ADR”) has its origins in a 1994 pilot project in the Subordinate Courts (as it was known then) to have selected District Judges assist in resolving civil disputes using ADR processes. Within two decades, Court ADR has been extended to the entire gamut of cases filed in court, including civil claims, minor criminal offences and family disputes. Court ADR services, which have been known as “Court Dispute Resolution”, have become integral to the delivery of justice in the State Courts. As the Honourable The Chief Justice Sundaresh Menon has observed, ADR has been promoted as the …

Introduction: Foreign Films And Higher Education, Heba A.N. El Attar Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

Teaching About The Muxes In The United States: Cultural Construct Gender Identity, And Transgression In The 21st Century, Nohora V. Cardona Núñez Ph.D.

Cultural Encounters, Conflicts, and Resolutions

This study focuses on the manner in which gender identities challenge heteronormativity and are understood as a way to interpret the sexed body through culture in the documentary Muxes: auténticas, intrépidas, buscadoras del peligro (2005), directed by Mexican filmmaker Alejandra Islas Caro. In the context of a Gender Issues in Latin America course taught in a North American university, we explored how certain theories by thinkers such as Simone de Beauvoir, Pierre Bourdieu, and Judith Butler, among others, contend that sexual preference, gender orientation, and sexuality, can be built as a cultural constructs, contrary to popular beliefs on the subject. …

Approaches To Teaching Latin American Culture Through Film: Children’S Plight In Poverty- And Violence-Ridden Countries, Delia V. Galvan Ph.D.

Cultural Encounters, Conflicts, and Resolutions

Students at the beginning levels of foreign language study have many borders to cross and many challenges to negotiate. This paper reports the results of a preliminary study involving the use of full-length films to engender intercultural sensitivity and understanding among two groups of first-year students of Spanish. Both films depict hardships of children in Spanish-speaking countries—as a result of conscription or as a result of child labor. The paper discusses the contextualization of the films for the students, the students’ responses to questionnaires, portions of classroom discussion that indicate growth in the areas of focus, and implications of the …

Note On Special Issue, Antonio Medina-Rivera Ph.D., Lee F. Wilberschied Ph.D., Heba A.N. El Attar Ph.D.

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

El Paseo By Harold Trompetero: Approaching Popular Film From Colombia In A North American Classroom, Matias Martinez Abeijon Ph.D.

Cultural Encounters, Conflicts, and Resolutions

This article explores the manner in which popular films from Colombia—

specifically comedies, such as the movie El paseo, directed by Harold Trompetero in 2010, which has been the highest grossing movie to date in the history of movies produced in Colombia–may be used in the classroom in the context of a World Language, Literature, and Culture department in the United States. It is the contention of this study that such a choice is far from common due to diverse issues, which include the limited access to international distribution of the majority of the so-called “national film” or, in …

Understanding Arab Culture Through Cinema, Abed El-Rahman Tayyara Ph.D.

Cultural Encounters, Conflicts, and Resolutions

The article examines the use of cinema as a tool for teaching about Arab culture and assesses the process in which learners acquire a higher level of intercultural communicative competence. The essay draws primarily on multilayered class activities and students’ responses to pre- and post- screening surveys related to eight Arab films. The article reveals that the evaluation of the learners’ intercultural competence and their familiarity with Arab culture in particular is a long process that filled with misunderstandings, gaps, inconsistencies, and contradictions on the part of the learners. To successfully conduct this type of teaching, the article also points …

Can Films Speak The Truth? Mathieu Kassovitz’S La Haine (1995) And Philippe Faucon’S La Désintégration (2011), Annie Jouan-Westlund Ph.D.

Cultural Encounters, Conflicts, and Resolutions

La Haine, (Dir. Mathieu Kassovitz, 1995) and La Désintégration (Dir. Philippe Faucon, 2011), set in France’s urban periphery, depict the struggle of second and third-generation immigrants growing up in the housing projects and their desire to live like ‘other’ French young people. The analysis offers a comparative study of the films’ reception with a community of viewers made of American students in a Contemporary French Culture course. Following the three paradigms of exclusion (social, racial, and cultural); gender representation; and aestheticism and realism, this study demonstrates that, within certain limits, these cinematic propositions, of similar prophetic nature but different …

Intercultural Communicative Competence: Literature Review, Lee F. Wilberschied Ph.D.

Cultural Encounters, Conflicts, and Resolutions

Intercultural Communicative Competence (ICC) is a cluster of capabilities that will become even more essential, not only to negotiate borders of many dimensions as globalization proceeds, but also to enhance the ability to maneuver one’s way in a world that changes by the minute. The process of developing ICC prepares the learner to manage and appreciate border crossings on many levels. This brief review of the literature offers a summary of the components of ICC, how it is similar to and different from other competences, and recommendations on how to assess it. This overview may be helpful when considering the …

Table Of Contents, Antonio Medina-Rivera Ph.D, Lee F. Wilberschied Ph.D., Heba A.N. El Attar Ph.D

Cultural Encounters, Conflicts, and Resolutions

No abstract provided.

Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua

Research Collection Yong Pung How School Of Law

Singapore has positioned itself as an international dispute resolution hub in Asia by providing a complete suite of services for international arbitration, international litigation and mediation through the Singapore International Arbitration Centre (“SIAC”), the Singapore International Commercial Court (“SICC”) and the Singapore International Mediation Centre (“SIMC”). SICC and SIMC build on Singapore’s reputation for quality legal services, including its status as the most preferred seat of arbitration in Asia and the third most preferred seat of arbitration in the world.[1] They bring more options to parties facing cross-border disputes who need tailored solutions that meet their needs.

Mediation Goes Global In Singapore, George S. C. Lim, Eunice Chua

Research Collection Yong Pung How School Of Law

Singapore has positioned itself as an international dispute resolution hub in Asia by providing a complete suite of services for international arbitration, international litigation and mediation through the Singapore International Arbitration Centre (“SIAC”), the Singapore International Commercial Court (“SICC”) and the Singapore International Mediation Centre (“SIMC”). SICC and SIMC build on Singapore’s reputation for quality legal services, including its status as the most preferred seat of arbitration in Asia and the third most preferred seat of arbitration in the world.[1] They bring more options to parties facing cross-border disputes who need tailored solutions that meet their needs.

Singapore: Reflecting On The Development Of The Domestic Mediation Scene, Eunice Chua

Research Collection Yong Pung How School Of Law

Amidst all the attention that Singapore has attracted as an international dispute resolution hubwith the recent launches of the Singapore International Mediation Centre (“SIMC”), SingaporeInternational Mediation Institute (“SIMI”) and the Singapore International Commercial Court,it is appropriate to pause to reflect on how far the domestic mediation scene has come in orderto support these global ambitions.

The Singapore International Commercial Court: A Challenge To Arbitration?, Kc Lye, Darius Chan

Research Collection Yong Pung How School Of Law

No abstract provided.

Mandatory Process, Matthew J.B. Lawrence

Indiana Law Journal

This Article suggests that people tend to undervalue their procedural rights—their proverbial “day in court”—until they are actually involved in a dispute. The Article argues that the inherent, outcome-independent value of participating in a dispute resolution process comes largely from its power to soothe a person’s grievance— their perception of unfairness and accompanying negative emotional reaction—win or lose. But a tendency to assume unchanging emotional states, known in behavioral economics as projection bias, can prevent people from anticipating that they might become aggrieved and from appreciating the grievance-soothing power of process. When this happens, people will waive their procedural rights …

Von Fischen Im Wasser Und Andere Mediationserzählungen [Of Fish In Water And Other Mediation Stories] (In German), Nadja Alexander

Research Collection Yong Pung How School Of Law

This essay offers an international and cross-cultural perspective on mediation. It builds on the contributions to this journal issue and extends the conversation to include (1) the role of culture in mediations models and (2) the taboo topic of directive, evaluative approaches. After reviewing various taxonomies of mediation models, the author’s mediation meta model is used as a framework to analyze diverse approaches of mediation including those presented in this issue. Historical-cultural perspectives provide further layers of depth and nuance that thicken the already complex storylines of the human mediation narrative. If mediation is to succeed in attaining truly global …

Recent Developments In International Mediation: Singapore’S Unique Approach, Josephine Hadikusumo, Eunice Chua

Research Collection Yong Pung How School Of Law

Singapore’s vibrant dispute resolution sector has been growing on the back of a significant rise in commercial transactions in Asia and a corresponding increase in the number and complexity of cross-border disputes. In particular, Singapore has achieved significant success in the field of international arbitration. Singapore has been recognised as the third most preferred seat of arbitration, after London and Geneva, and the Singapore International Arbitration Centre (“SIAC”) is the fourth most preferred arbitral institution worldwide despite being a relatively young institution. In recent years, Singapore law firms have also ranked amongst the top international arbitration practices in Asia.In order …

Slides: Klamath Basin Agreements: Largest River Restoration Project In American History, Amy Cordalis

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Amy Cordalis, Staff Attorney, Yurok Tribe

34 slides

Slides: The Blm And Colorado Dnr Mou: A Water-Based Partnership, Roy Smith

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Roy Smith, Bureau of Land Management

19 slides