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Articles 601 - 630 of 697
Full-Text Articles in Dispute Resolution and Arbitration
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 7, Iss. 2
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 7, Iss. 2
Cardozo Journal of Conflict Resolution
No abstract provided.
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 8, Iss. 1
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 8, Iss. 1
Cardozo Journal of Conflict Resolution
No abstract provided.
Self-Determination In International Mediation: Some Preliminary Reflections, Jacqueline Nolan-Haley
Self-Determination In International Mediation: Some Preliminary Reflections, Jacqueline Nolan-Haley
Cardozo Journal of Conflict Resolution
Few concepts have generated as much discussion in the postwar international legal system as that of "self-determination." Scholars debate the proper identity of the "selves" endowed with this right, its boundaries and its normative relevance. When the focus turns to mediation, the discussion becomes murky because the concept of self-determination has both procedural and substantive components and is noticeably different in the private and public sectors.
What Private Mediators Can Learn From The Peace-Builders, Kenneth Fox
What Private Mediators Can Learn From The Peace-Builders, Kenneth Fox
Cardozo Journal of Conflict Resolution
The purpose of this article is to examine "mediation" and facilitated intervention from the perspective of the peace and conflict studies field. My hope is to provoke deeper thinking and broader consideration of how we, as professionals, can be more informed and intentional interveners in the service of constructive conflict response.
Land Conflict Management Under A Tree Cropping System: The Case Of Theobroma Cacao In Southwestern Nigeria, E. O. Idowu
Land Conflict Management Under A Tree Cropping System: The Case Of Theobroma Cacao In Southwestern Nigeria, E. O. Idowu
Cardozo Journal of Conflict Resolution
General observation and systematic research have consistently indicated that a sizeable portion of farmlands within the cacao growing communities of southwestern Nigeria is tenant-operated. This article will focus primarily on a specific study area within Southwestern Nigeria. Within the study area, the cultivation of cacao, mainly for export, is of primary importance to the farmers. Economic and social activities revolve around the crop with annual festivals and ceremonies held during the periods immediately after the annual sale of the crop. Until 1985, the study area produced about 40% of total Theobroma cacao (cacao) output for southwestern Nigeria. This share has …
Strategies For Implementing And Enforcing Peace Agreements: Lessons Learned, Mark L. Schneider
Strategies For Implementing And Enforcing Peace Agreements: Lessons Learned, Mark L. Schneider
Cardozo Journal of Conflict Resolution
In the aftermath of the Cold War, there was a general belief that the demise of the major ideological drivers of conflict between East and West would bring about a major reduction in armed conflict. Then, all were stunned by the appearance of seemingly endless ethnic, religious and resource-driven civil conflicts in the 1990s, particularly the horrors of genocide in Rwanda, Srbrenica and Kosovo and the recurring and devastating conflicts in Central and West Africa. In this first decade of the 21st century, conflicts raged in the Congo and Northern Uganda, and massive atrocities have been documented in Darfur. We …
Mediation Success Or Failure: A Search For The Elusive Criteria, Jacob Bercovitch
Mediation Success Or Failure: A Search For The Elusive Criteria, Jacob Bercovitch
Cardozo Journal of Conflict Resolution
One of the central issues in the field of conflict resolution concerns the degree to which we can define a mediated or negotiated outcome as successful. How do we know that an outcome meets the criteria of success? How can we evaluate it? For example, how would we define the conclusion of the Camp David talks, where President Carter so ably mediated between the parties, and which produced a historic agreement between Israel and Egypt in 1978? Was that ground-breaking agreement successful? There will be as many opinions on that as there are commentators, but few will stop and think …
Promotion Of International Commercial Arbitration And Other Alternative Dispute Resolution Techniques In Ten Southern Mediterranean Countries, Giuseppe De Palo, Linda Costabile
Promotion Of International Commercial Arbitration And Other Alternative Dispute Resolution Techniques In Ten Southern Mediterranean Countries, Giuseppe De Palo, Linda Costabile
Cardozo Journal of Conflict Resolution
As the strategic economic partner of the Southern Mediterranean (MEDA) region, the European Union (EU) seeks to promote effective mechanisms of development through increased industrial cooperation in order to create a Euro-Mediterranean area of shared prosperity. The first Euro-Mediterranean Conference of Ministries of Industry, held in June of 1996 in Brussels, listed among its priority objectives 1) the formation of a fair judicial and administrative framework for investment; and 2) the establishment and support of Small and Medium Enterprises (SMEs) through the development of regional networks. However, recent reports on world trade and investment describe the MEDA region as an …
Begging For Justice? Or, Adaptive Jurisprudence? Initial Reflections On Mandatory Adr To Enforce Women's Rights In Rwanda, Phyllis E. Bernard
Begging For Justice? Or, Adaptive Jurisprudence? Initial Reflections On Mandatory Adr To Enforce Women's Rights In Rwanda, Phyllis E. Bernard
Cardozo Journal of Conflict Resolution
This Article presents the author's personal reflections on the promise and perils involved in blending rules of modern law with traditional values of African culture. The project began from a basic premise that both Americans and Rwandans should proceed with caution when expanding the privatization of public justice. Nevertheless, an outside observer's caution must be balanced with respect for a nation's right to self-determination, even when those choices may clash with generally accepted ADR theory as developed in the United States. This Article suggests that we can all learn much from Rwanda's bold, pragmatic experiment in redefining the essential nature …
2005 Cardozo International Advocate For Peace Award: Acceptance Speech, Betty Kaari Murungi
2005 Cardozo International Advocate For Peace Award: Acceptance Speech, Betty Kaari Murungi
Cardozo Journal of Conflict Resolution
Thank you very much for this truly inspiring award, which I am honored to accept on my own behalf and on behalf of the many women with whom I have been privileged to work over the years. The award is presented against the backdrop of two historic international events: the passing of Rosa Parks and the announcement of the victory of Ellen Johnson-Sirleaf as the first elected female head of state of an African country.
Obstruction Of Justice: The Arbitration Process For Anti-Doping Violations During The Olympic Games, Andrew Goldstone
Obstruction Of Justice: The Arbitration Process For Anti-Doping Violations During The Olympic Games, Andrew Goldstone
Cardozo Journal of Conflict Resolution
This Note will discuss the serious legal, ethical, and scientific questions raised by the dispute resolution process for anti-doping violations during the Olympic Games. Throughout the Note, I will highlight both procedural and substantive aspects of the process which raise sufficiently serious legal issues to merit an American court's agreement to review an Olympic arbitration award. Part I will discuss the rise of doping in sports, and the manner in which the problem has been, and is currently being addressed within the Olympic Movement. Part II will explain the hierarchy of sports governing bodies beneath the IOC and also discuss …
Collaboration In The Exploration Of Outer Space: Using Adr To Resolve Conflicts In Space, Ka Fei Wong
Collaboration In The Exploration Of Outer Space: Using Adr To Resolve Conflicts In Space, Ka Fei Wong
Cardozo Journal of Conflict Resolution
This Note will explore in detail the use of ADR procedures for claims brought under the Convention on International Liability for Damage Caused by Space Objects of 1972 ("Liability Convention"), pointing out the benefits and effectiveness of the procedures. This Note will also explore the problems with the Liability Convention, and will suggest modifications to improve the ADR procedures set forth therein. By drawing on the ADR procedures from the Liability Convention as an example, this Note will suggest that the use of ADR procedures to resolve most outer space conflicts would be most desirable. Although ADR procedures currently exist …
Masthead, Cardozo Journal Of Conflict Resolution, Vol. 8 (2006-07), Iss. 1
Masthead, Cardozo Journal Of Conflict Resolution, Vol. 8 (2006-07), Iss. 1
Cardozo Journal of Conflict Resolution
No abstract provided.
The Propriety Of Expanded Judicial Review Under The Faa: Achieving A Balance Between Enforcing Parties' Agreements According To Their Terms And Maintaining Arbitral Efficiency, Eric Chafetz
Cardozo Journal of Conflict Resolution
After an arbitration is concluded, the arbitrator or panel issues an award. An award is analogous to a court's judgment. Parties to an arbitration award can voluntarily comply with the award, without court intervention. However, unlike a trial where a judge's order marks the end of the proceedings, an arbitrator's award has no actual legal affect without court intervention. Court intervention occurs when a party files a motion either to confirm or to vacate an arbitration award.
Holding Restorative Justice Accountable, Zvi D. Gabbay
Holding Restorative Justice Accountable, Zvi D. Gabbay
Cardozo Journal of Conflict Resolution
Part I of this Article provides a better understanding of the restorative justice theory and its practical expressions. It describes the values and objectives upon which restorative justice is premised and introduces the three most common restorative justice practices: victim-offender mediation, group conferencing and circles. Part II introduces the democratic experimentalism model and demonstrates its compatibility with the restorative justice theory. Part III introduces four restorative justice programs currently operating in the United States, two operated by courts and two by prosecuting agencies. Part IV demonstrates the inadequacy of the evaluation mechanisms currently employed by these programs and emphasizes the …
The Role Of Citizens And The Future Of International Law: A Paradigm For A Changing World, Avnita Lakhani
The Role Of Citizens And The Future Of International Law: A Paradigm For A Changing World, Avnita Lakhani
Cardozo Journal of Conflict Resolution
Time is on our side and security is to be found, only if we would have a change of heart about the role that citizens can play in the future of international law. True, citizens do play a role in the development and enforcement of domestic laws, especially in more democratic and Western societies. Citizens have also had significant influence in the development of international law. However, citizens (i.e. non-state actors) have not had a direct hand in the enforcement of international law through private action as accorded to state-actors (i.e. governments). This means that citizens, in most cases, have …
Language, Morals, And Conceptual Frameworks In Dispute Resolution: Establishing, Employing, And Managing The Logos, Michael T. Wawrzycki
Language, Morals, And Conceptual Frameworks In Dispute Resolution: Establishing, Employing, And Managing The Logos, Michael T. Wawrzycki
Cardozo Journal of Conflict Resolution
Any lawyer knows that words and language are important. A single word can derail a painstakingly written contract; the characterization of a would-be killer as a victim framed by racist police officers, rather than a jealous husband, can change the outcome of a case. Yet like many maxims, this important lesson is often forgotten when one is not confronted with the direct principles of words and language. Moreover, even most lawyers do not fully understand how to appropriately utilize the language tools that can change outcomes: myopically focusing on specific issues or characterizations rather than the overall conceptual frames.
Mediating Cases Involving Domestic Violence: Solution Or Setback?, Aimee Davis
Mediating Cases Involving Domestic Violence: Solution Or Setback?, Aimee Davis
Cardozo Journal of Conflict Resolution
This Note will first explore the psychological and social aspects of domestic violence. It will then examine the appropriateness of mediation for such cases, exploring viewpoints on the topic. Lastly, the Note will propose a standard to guide cases involving domestic violence. Although the victim should always have the final word on whether to mediate, a judge, psychologist, and mediator should collaborate and make a united recommendation as to how they suggest the victim should proceed. This will allow the victim to make a thoughtful and individualized assessment of her situation.
Moving From Mandatory: Making Adr Voluntary In New York Commercial Division Cases, Ari Davis
Moving From Mandatory: Making Adr Voluntary In New York Commercial Division Cases, Ari Davis
Cardozo Journal of Conflict Resolution
Due to its success during the last thirteen years, New York's Commercial Division in the state's Supreme Court has become the model for other states and countries seeking to establish a commercial division for their court systems. Before 1993, New York's state court system had its dockets clogged with commercial cases. Judges who heard commercial litigation cases often did not have the expertise or resources to handle them well or give them proper attention. As a result, New York businesses turned to Delaware's Chancery Court, federal courts, and private dispute resolution to resolve their disputes and avoid the New York …
Helping Those Who Are Helping Us: Sarbanes-Oxley Whistleblower Protection And Its Interplay With Arbitration, Adam Fisher
Helping Those Who Are Helping Us: Sarbanes-Oxley Whistleblower Protection And Its Interplay With Arbitration, Adam Fisher
Cardozo Journal of Conflict Resolution
The accounting profession took a major blow to its credibility in 2002 when numerous scandals surfaced on the front pages of newspapers seemingly everyday. The most notable stories told of two women who, despite the enormous pressure and harassment they knew they would face, came forward to reveal the ugly truth behind the facades of America's corporate skyscrapers. Cynthia Cooper and Sherron Watkins, employees at WorldCom and Enron respectively, blew the whistle on major accounting frauds at these companies. Their employers' retaliation was harsh and swift, revealing the truth about how todays' corporate juggernauts operate.
The Road Less Traveled: Using Adr To Help Reform Firsttime Juvenile Offenders, Maggie Gertz
The Road Less Traveled: Using Adr To Help Reform Firsttime Juvenile Offenders, Maggie Gertz
Cardozo Journal of Conflict Resolution
Section I of this Note details the history of the juvenile justice system, making specific reference to the various developments in juvenile justice policy, concluding with a discussion of the conflicts involved in juvenile offending. Section II examines ADR techniques that have been used in the juvenile justice field, with some success, as an alternative to further prosecution, incarceration or other punishment, highlighting Victim-Offender Mediation and Family Group Conferencing. In Section III, I analyze why ADR techniques are an ideal solution to the ills of the current system, and how these methods meet many of the goals of the traditional …
An Unfair Advantage: Comparing The International Court Of Justice To A Form Of Adr And Why It Was Inappropriate For The Court To Issue An Advisory Opinion In The Case Of Israel's Separation Fence, Mimi Trenk
Cardozo Journal of Conflict Resolution
This Note will begin with a concise background of the ArabIsraeli conflict. It will then explain the three arguments presented to the Court as to why it should have declined to exercise jurisdiction and the Court's response. It will explore the similarities of non-binding arbitration, as a form of alternative dispute resolution, and the Advisory Opinion. It will then examine whether, in the interests of justice, it was appropriate for the Court to issue the opinion, even though it is considered to be non-binding. This Note will examine the Israeli Supreme Court as the proper forum to enforce the rights …
Mandatory Mediation: The Extra Dose Needed To Cure The Medical Malpractice Crisis, Florence Yee
Mandatory Mediation: The Extra Dose Needed To Cure The Medical Malpractice Crisis, Florence Yee
Cardozo Journal of Conflict Resolution
This Note discusses the advantages and drawbacks of mandating participation in mediation in medical malpractice disputes. Part II of this Note reviews the extent of the current medical malpractice crisis. Part III examines litigation as the traditional means of resolving medical malpractice disputes and suggests that litigation's weaknesses eclipse any of its strengths. Part IV evaluates the lingering challenges to arbitration, accounting for its ineffectiveness in resolving medical malpractice disputes. Part V analyzes why mediation may be the better alternative to both litigation and arbitration in resolving such disputes, and how its hurdles can be best surmounted by mandatory mediation. …
The Dispute Resolution Profession Should Not Celebrate The Vanishing Trial, Bruce E. Meyerson
The Dispute Resolution Profession Should Not Celebrate The Vanishing Trial, Bruce E. Meyerson
Cardozo Journal of Conflict Resolution
Many mediators and arbitrators are celebrating the vanishing trial and the increasing use ADR, viewing this as a vindication of ADR over litigation. I suggest that those of us of who make a living as neutrals should not take out the champagne; but rather, we should help improve the quality of our litigation system. Why?
The Vanishing Trial: Land Mine On The Mediation Landscape Or Opportunity For Evolution: Ruminations On The Future Of Mediation Practice, Kimberlee K. Kovach
The Vanishing Trial: Land Mine On The Mediation Landscape Or Opportunity For Evolution: Ruminations On The Future Of Mediation Practice, Kimberlee K. Kovach
Cardozo Journal of Conflict Resolution
Several decades ago, mediation developed as an alternative to the use of courts for resolving disputes. Over the years, the use of mediation to resolve lawsuits has greatly increased. The reasons for this evolution are numerous, and the primary underlying impetus for the use of mediation has, in many cases, impacted just how the process is conducted. For example, some view mediation as a process which provides individuals or groups engaged in a dispute or conflict with a collaborative and flexible process for dispute resolution. This view of the process also encourages party participation and empowerment, which often allows relationships …
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 6, Iss. 2
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 6, Iss. 2
Cardozo Journal of Conflict Resolution
No abstract provided.
Fitting The Forum To The Fuss With Sticky Defaults: Failure In The Market For Dispute Resolution Services?, Maurits Barendrecht, Berend R. De Vries
Fitting The Forum To The Fuss With Sticky Defaults: Failure In The Market For Dispute Resolution Services?, Maurits Barendrecht, Berend R. De Vries
Cardozo Journal of Conflict Resolution
"Fitting the forum to the fuss" - i.e., finding the optimal way to deal with every dispute - is an appealing slogan of proponents of alternative dispute resolution ("ADR"). The phrase also summarizes the contract one would expect rational disputants to make once they are embroiled in a conflict they cannot resolve together. Disputants can "buy" dispute resolution services, such as various forms of court intervention, mediation, or arbitration. Agreeing to a contract to buy such services together with an opponent, however, is likely to be difficult. These difficulties are assessed in this article. The barriers to dispute resolution are …
Mediation And Justice: What Standards Govern?, Joseph B. Stulberg
Mediation And Justice: What Standards Govern?, Joseph B. Stulberg
Cardozo Journal of Conflict Resolution
I find it challenging to write about mediation and justice for several perplexing reasons. The concept of justice is constitutionally ambiguous; trying to analyze it concretely is a challenging task for both writer and reader. Despite the concept's ambiguity, however, each of us can readily describe situations that instantly appall us for reasons that we intuitively identify as constituting acts or occasions of injustice. The irony then, and hence the challenge, is that we know that the concept of justice is an important phenomenon to address, yet we have difficulty saying something constructive or useful about it.
The Myth Of The Gladiator And Law Students' Negotiation Styles, Melissa L. Nelken
The Myth Of The Gladiator And Law Students' Negotiation Styles, Melissa L. Nelken
Cardozo Journal of Conflict Resolution
"Shark." "Hired gun." The popular view is that lawyers are, by and large, cut-throat competitors who take the ethical obligation of zealous advocacy on behalf of their clients to the extreme, heedless of the cost to others or to society as a whole. The adversarial system (with its winners and losers), law school teaching, and the portrayal of lawyers in popular media, all feed this stereotype. The focus on litigation promotes misperceptions about what most lawyers actually do. Lawyers make deals and resolve virtually all litigated matters short of trial, often through negotiation. Studies of lawyers' behavior in negotiation over …
Shifting The Focus From The Myth Of "The Vanishing Trial" To Complex Conflict Management Systems, Or I Learned Almost Everything I Need To Know About Conflict Resolution From Marc Galanter, John Lande
Cardozo Journal of Conflict Resolution
To say that "The Vanishing Trial" is a myth is not to suggest that the facts or analysis in Professor Galanter's report are fictional or inaccurate. Indeed, he marshals a massive amount of data to show that the number of trials and the trial rates have been declining for the past four decades, particularly in the federal courts. The report documents an apparent paradox: the proportion of cases going to trial has dropped sharply during the past forty years despite substantial increases in many other legal indicators including the number of lawyers, the number of cases filed, and the amount …