Dispute Resolution and Arbitration Commons^™

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 8 (2006-07), Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 8, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Working Towards Restorative Justice In Ethiopia: Integrating Traditional Conflict Resolution Systems With The Formal Legal System, Julie Macfarlane

Cardozo Journal of Conflict Resolution

This paper considers how the multiple realities of dispute resolution in any environment affect the work of conflict resolution practitioners. Conflict resolution practitioners are almost always invited in by representatives of the formal legal system, and their work generally focuses on managing - and perhaps reforming - this system. In practice, they cannot ignore the existence of parallel informal systems of conflict resolution that may undermine or distract from the formal state system. These may include structured alternatives to law, such as religious tribunals or community mediation programs. There may be other, more informal but equally significant family or community-based …

Restorative Justice: An Empirically Grounded Movement Facing Many Opportunities And Pitfalls, Mark S. Umbreit, Betty Vos, Robert B. Coates, Elizabeth Lightfoot

Cardozo Journal of Conflict Resolution

This article provides an overview of the restorative justice movement in the twenty-first century. In Section II we offer a summary of the movement's distinguishing characteristics, its history and development, and what it looks like in practice. Section III is focused on restorative justice dialogue, the most widely practiced and extensively researched modality of the restorative justice movement. We present a review of current restorative justice dialogue research and an examination of public policy support for such dialogue across the United States. In Section IV we turn to continuing issues, including pitfalls, opportunities, and questions for the future.

The Restorative Justice Wager: The Promise And Hope Of A Value-Based, Dialogue-Driven Approach To Conflict Resolution For Social Healing, Howard J. Vogel

Cardozo Journal of Conflict Resolution

In this article, I explore the deep assumptions and commitments associated with what I have called the restorative justice wager and the way in which they are embodied in restorative justice dialogue, the heart of restorative justice practice, in order to describe the important contribution that restorative justice has to offer to conventional forms of conflict resolution that have emerged in recent years. For this purpose the article is divided into three parts. Part I explores the definition of restorative justice in a criminal context and beyond in order to set up the discussion of the restorative justice wager and …

Justice Or Forgiveness? In Search Of A Solution, Olga Botcharova

Cardozo Journal of Conflict Resolution

The presentation will be based on the model I created during my work with the leaders of ethnic/religious communities (Orthodox, Catholic and Muslim) engaged in hostilities in the former Yugoslavia, during times of war and post-war. This work is summarized in two diagrams, Seven Steps Towards Revenge (inner circle) and Seven Steps Towards Reconciliation. In its entirety, the work represents a journey from revenge, understood as a natural response to an inflicted hurt, towards reconciliation, with forgiveness and justice playing crucial roles in the process. This model is in Appendix 1, together with a brief description of the stages …

Restorative Justice And The Sexual Abuse Scandal In The Catholic Church, Janine Geske

Cardozo Journal of Conflict Resolution

Thank you for the opportunity to speak to you today. I want to begin by telling you how I got into the restorative justice field. I served as a judge for almost twenty years, and nine of those years were in criminal court. My last assignment before going to the Wisconsin Supreme Court was to preside full-time over sexual assault and homicide cases. During the time I spent as a trial court judge, I regularly taught classes at prisons in Wisconsin. About ten years ago, I became involved in a restorative justice program in the Green Bay Correctional Institution, a …

Healing And Accountability In The Criminal Justice System: Applying Restorative Justice Processes In The Workplace, Kay Pranis

Cardozo Journal of Conflict Resolution

This essay will describe efforts to apply the principles and processes of restorative justice to the criminal justice system in prison as a workplace. The initiative began as a pilot project in one facility when prison staff recognized that they could not effectively work with inmates in a restorative way until they changed their relationships with one another. Based on the positive experience of the pilot project the Minnesota Department of Corrections (MNDOC) has now expanded the availability of restorative processes for staff conflict and unhealthy workplace units to all prison facilities. This model has potential applications in all kinds …

The Internal Revenue Service And Alternative Dispute Resolution: Moving From Infancy To Legitimacy, David Parsly

Cardozo Journal of Conflict Resolution

As Alternative Dispute Resolution (ADR) attains greater acceptance in the American legal landscape, government sponsored ADR programs will grow in size, number, and significance. The Internal Revenue Service (IRS) provides a primary example of a governmental body experimenting and obtaining modestly successful results through the use of various dispute resolution mechanisms along the ADR spectrum. The purpose of this Note is to examine the types of ADR processes being implemented by the IRS, focusing specifically on how the IRS has pioneered each program by combining the unique exigencies of sound tax administration with the principles of negotiation, mediation, and arbitration. …

News Media As Mediators, Carol Pauli

Cardozo Journal of Conflict Resolution

This paper explores journalism as a potential method of conflict resolution. Part I compares the norms and practices of journalism to those of facilitative mediation. Part II draws additional parallels between some aspects of journalism and two other forms of dispute resolution: transformative mediation and adjudication. Part III suggests some areas for encouragement and some areas for caution as peace journalists import conflict resolution techniques into news reporting and writing.

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 9 (2007-08), Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 9, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

Restorative Justice And The Pre-Conditions For Grace: Taking Victim's Needs Seriously, Ellen Waldman

Cardozo Journal of Conflict Resolution

This essay surveys the question of victim need from a different vantage point. It takes as its starting point the voices of actual victims as recorded by researchers in the field. It reports on three studies and the linkage they uncover between victim distress and attitudes toward justice and reconciliation. What they reveal belies a simple notion of victim need and suggests that restorativists should move warily as they seek to reshape the criminal justice system into more harmony-producing forms. Victim-offender encounters, truth-telling, and moves toward apology and reconciliation are appealing in the abstract; but data suggests that victims whose …

Strike Three - You're Out! Revamping The New York State Taylor Law In Response To Three Transport Workers' Strikes, Erin Audra Russ

Cardozo Journal of Conflict Resolution

For almost three days in late December 2005, millions of New York City commuters braved frigid temperatures as they trekked to work. Armed with their iPods and winter coats appropriate for an arctic expedition, the public walked, rode their bikes, and scooted on Segways to get where they needed to go. Some New Yorkers even did the unthinkable-they shared cabs and cars with complete strangers. These commuters did not abandon their usual overcrowded, rickety bus or subway to enjoy a very blistery winter wonderland just days before Christmas. They changed their routine because they had no choice: The Transit Workers …

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 9 (2007-08), Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

El Desarrollo Del Arbitraje Comercial Internacional: Sofisticacion O Complejdad, Horacio A. Grigera Naón

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Arrival Of The "Have-Nots" In International Arbitration, Catherine A. Rogers

Faculty Scholarship

Much has been written about the have-nots in domestic litigation and domestic arbitration, with an apparent assumption that their fate was mainly a domestic affair. In recent years, however, internet commerce has brought consumers to the international market, an increasingly globalized workforce has generated a class of international employees, and the link between international trade and human rights has revealed a host of victims. The arrival of these 'have-nots' in international arbitration means that previously latent questions about international arbitration's integrity as a system and role as a mechanism for transnational regulatory governance have been brought to the fore.

Using …

Resisting Equal Footing: Did The Wisconsin Supreme Court Disguise An Assault On Arbitration, Peter Wilder

Journal of Dispute Resolution

It is well settled that state courts may apply state contract principles when determining if an arbitration clause is enforceable; however, states are prohibited from enforcing laws that treat arbitration agreements differently than other contracts. Placing arbitration agreements on an equal footing with other contracts results from judicial preference for arbitration. When a court overreaches to find an arbitration agreement to be procedurally and substantively unconscionable, the overreaching may stem from the court's erroneous preference for adjudication over arbitration. The issue becomes more apparent when the court had the option to enforce the agreement without the unconscionable provision, yet chose …

Conflict Resolution And Systemic Change, Susan Sturm, Howard Gadlin

Journal of Dispute Resolution

This article suggests that the view of public norm elaboration and accountability underlying the critique of ADR is too narrow and needs to be rethought. Public norms do not consist only of the precedents developed and applied by courts or other adjudicative bodies. They also emerge when relevant institutional actors develop values or remedies through an accountable process of principled and participatory decision making, and then adapt these values and remedies to broader groups or situations. ADR can play a significant role in developing legitimate and effective solutions to common problems and, in the process, produce generalizable norms

Beyond The Assumptions: News Reporting And Its Impact On Conflict, Richard C. Reuben

Journal of Dispute Resolution

This symposium seeks to bridge this important gap in our social understanding of conflict by stimulating a sustained discussion among scholars about its contours. The task is important and timely, worthy of effort on both the media and the conflict sides of the equation.

Press Coverage Of Interethnic Conflict: Examples From The Los Angeles Riots Of 1992, Shah Shah

Journal of Dispute Resolution

News media are an important source of cultural production and information. Their representation of the social world provides explanations, descriptions, and frames for understanding how and why the world works as it does. In media studies, "frames" refer to the perspectives on, or interpretation of, current events provided by news coverage. Frames are complex and overlapping, existing in a single news article or within an entire body of news coverage. Multiple and opposing frames may exist simultaneously. Frames are built up from the choices reporters make in terms of language use, source selection, and story organization. In their coverage of …

Communication Channels, Spatial Stereotyping, And Urban Conflict: A Cross-Scale And Spatio-Temporal Perspective, Sorin A. Matei, Sandra Ball-Rokeach, Stefan Ungurean

Journal of Dispute Resolution

Our research addresses how individuals exposed to various types of communication situations-from face-to-face to Internet environments-are more or less likely to react to urban locations with fear or to find them desirable. The present article summarizes what we have learned from a number of research projects about the effects of communication practices on spatial and ethnic stereotyping in conditions of violent urban conflict and will offer a number of recommendations for mitigating the negative effects of these processes.

Media And International Conflict: A Multidisciplinary Approach, Eytan Gilboa

Journal of Dispute Resolution

This study suggests a new framework for analysis of media coverage and its role in international conflict. The framework is based on integration of theories and models from both international studies and communication. The work begins with a brief analysis of major changes that have occurred in last two decades in the nature and evolution of international conflicts. The analysis offers significant distinctions among types, levels, and phases of conflict. Next, the study presents major changes that have occurred in the media and offers significant distinctions among levels, types, and functions of media. Based on all these concepts and ideas, …

Let's Get Together: An Analysis Of The Applicability Of The Rules Of Professional Conduct To Collaborative Law, Brian Roberson

Journal of Dispute Resolution

It is the purpose of this comment to explore some of the major areas in which the Model Rules of Professional Conduct and a typical collaborative law arrangement may intersect, and to discuss the differences of opinion among the few state ethics committees that have commented on collaborative law. A deeper understanding of the relationship between the collaborative lawyer, the legal system, and society at large should help to foster greater awareness of the duties and responsibilities inherent in lawyer-client relationships created under the collaborative rubric.

Healing A Fractured Community: The Use Of Community Sentencing Circles In Response To Hate Crimes, Brian Sapir

Cardozo Journal of Conflict Resolution

As with any social construct, the American criminal justice system is a constantly adapting and evolving mechanism that is influenced by politics, current events, and societal "hot-button" topics. Over the last century legal professionals, academics, and crime victims have voiced their dissatisfaction with certain aspects of traditional criminal justice systems. The failure of severe punishments to deter crime, the increasing occurrence of repeat offenders, and the growing costs of incarceration were all issues some saw as weaknesses in the criminal justice system. Moreover, at the heart of many people's dissatisfaction with the system was the seemingly complete exclusion of the …

Of All The Things I'Ve Lost, I Miss My Marbles The Most! An Alternative Approach To The Epic Problem Of The Elgin Marbles, Melineh S. Ounanian

Cardozo Journal of Conflict Resolution

The Elgin Marbles have been the subject of debate for nearly 200 years. Competing claims from Greece, where the marbles originated, and England, where the marbles are now held, have continued unabated despite attempts by the international community to quell the dispute. This Note will explore the various types of dispute resolution as they can be applied to the Elgin Marble controversy, sift through various reconciliation ideas and make a recommendation as to which of the methods is likely to be most effective. In furtherance of that goal, the Note will examine past attempts at dispute resolution in the fields …

Apology In The Context Of Wrongful Conviction: Why The System Should Say It's Sorry, Abigail Penzell

Cardozo Journal of Conflict Resolution

The first section of this Note will discuss apology as a psychological tool to heal victims, offenders, and the community. The second section will examine the use of apology in analogous contexts to that of wrongful conviction. The third section will explore the potential or perceived disadvantages of offering an apology in the criminal context. The fourth section will detail the desire for apology among the wrongfully convicted as well as give examples of situations - like Mr. Fuller's - in which an apology has been tendered and has helped victims reintegrate into society. Finally, I will conclude that the …

An Empirical Analysis Of Investment Treaty Awards, Susan Franck

Scholarly Articles in Law Reviews & Journals

I. INTRODUCTION

Earlier speakers offered insights about investment law and its implications for the future of domestic administrative law and international law. To bring us full circle, I will discuss where we are today so that we can consider where we want development law to be tomorrow. In pursuit of that goal, I offer empirical data related to investment treaty arbitration. My goal today is to focus on three claims about investment treaty arbitration and consider the data's potential implications.

Table Of Contents - Issue 1

Journal of Dispute Resolution

No abstract provided.

Court-Connected Arbitration In The Superior Court Of Arizona: A Study Of Its Performance And Proposed Rule Changes, Roselle L. Wissler, Bob Dauber

Journal of Dispute Resolution

Compulsory, non-binding arbitration has been a component of the civil court system in a number of jurisdictions for several decades. These arbitration programs generally have the same basic structure: cases in which the amount in controversy is under the prescribed jurisdictional limit must be submitted to a neutral attorney for adjudication under relaxed rules of evidence and procedure. Any party may appeal the arbitrator's award for a trial de novo; absent an appeal, the arbitrator's decision is entered as the judgment of record in the case. The goals of most court-connected arbitration programs include resolving cases faster, reducing the costs …