Dispute Resolution and Arbitration Commons^™

What's A Cross-Cultural Mediator To Do? A Low-Context Solution For A High-Context Problem, John Barkai

Cardozo Journal of Conflict Resolution

This article will explore issues facing mediators in cross-cultural conflicts, offer suggestions for conducting cross-cultural mediations, and propose a template of factors that mediators should consider when assisting parties in cross-cultural mediation. The factors will come largely from research by social scientists and anthropologists, particularly Edward T. Hall and Geert Hofstede.

Technology Mediated Dispute Resolution Can Improve The Registry Of Interpreters For The Deaf Ethical Practices System: The Deaf Community Is Well Prepared And Can Lead By Example, David Allen Larson, Paula Gajewski Mickelson

Cardozo Journal of Conflict Resolution

This article examines the mediation process within the Registry of Interpreters for the Deaf Ethical Practices System and suggests when and how technology may be utilized to enhance that process. Background information regarding the interpreting profession, the Deaf Community, and the process for filing and reviewing grievances will provide a context for this discussion. An overview of the technologies already being used within the Deaf Community and interpreting field will help to determine where new technologies can be introduced most effectively. Each of the three steps in the EPS will be analyzed to assess how additional technologies can be integrated …

Denial As A Security Concept, Taner Akcam

Cardozo Journal of Conflict Resolution

If I were to explain the Turkish state's denial of the Armenian Genocide in one word, I would suggest the term continuity, both in the sense of lasting perceptions of the problem and in the persistent makeup of the Turkish ruling elite. On this occasion, I will discuss the continuity of Turkish state denial in the first sense of the word.

Understanding Indigenous Dispute Resolution Processes And Western Alternative Dispute Resolution: Cultivating Culturally Appropriate Methods In Lieu Of Litigation, Carlo Osi

Cardozo Journal of Conflict Resolution

This article specifically focuses on Indigenous Dispute Resolution, Western-inspired ADR mechanisms, and Indigenized Western ADR as culturally appropriate methods to resolve disputes in lieu of litigation. This article will also focus on how these processes are able to help solve intellectual property rights disputes involving Indigenous communities. Generally, this article will describe how successful all three modes of dispute resolution have been in Indigenous conflict resolution, in the quest for benefit-sharing agreements, and the potential for their use in other controversies. This article proposes the adoption of an Indigenized Western ADR approach on issues surrounding intellectual property rights regimes.

Baby Steps To "Grown-Up" Divorce: The Introduction Of The Collaborative Family Law Center And The Continued Need For True No-Fault Divorce In New York, Gabriella L. Zborovsky

Cardozo Journal of Conflict Resolution

Part I of this Note describes the current state of divorce law in New York by examining the history of divorce culture in New York, the current state statutory scheme, the law's practical effect on New York residents, and the arguments in support of and against the adoption of no-fault provisions. Part II overviews the collaborative law method, illustrates how the method varies from other alternative dispute resolution methods, and discusses various ethical considerations relevant to the method. Part III argues that the introduction of collaborative law will have minimal practical effects unless combined with the adoption of a no-fault …

The Road Not Often Taken: Alternative Dispute Resolution For Common Interest Communities In North Carolina, Amy Beasley

Campbell Law Review

This Comment will seek to identify the need for an effective alternative to litigation to resolve disputes originating in the context of a common interest community, specifically under the Planned Community Act of North Carolina.

"It's Not World Peace, But ..." Restorative Justice: Analysis Of Recidivism Rates In Campbell Law School's Juvenile Justice Project, Jennifer L. Kerrigan

Campbell Law Review

This Comment explores victim-offender mediation and specifically the recidivism rates of the juveniles who participated in Campbell's Juvenile Justice Project (JJP). Part II gives a brief background on the different theories of justice and the move towards restorative justice. Part III explains how the JJP came to be and how it currently functions. Part IV outlines the methods used to determine the recidivism rates of the program. Part V displays the results of the study and illustrates the differences with charts. Part VI discusses the possible explanations for the differences in the recidivism rates. Part VII concludes with closing remarks …

Interim Relief And International Commercial Arbitration In North Carolina: Where We Are And Where We Should Be Looking, R. Jeremy Sugg

Campbell Law Review

This Comment argues that North Carolina should reexamine the interim relief provisions under the ICACA in order to reduce reliance on court assistance during the arbitral process, thereby identifying itself as a forum for international commercial arbitration that is increasingly receptive to the needs of the parties involved. Part I will generally describe when the ICACA applies in light of the Federal Arbitration Act (FAA). Part II will further discuss why, in light of this relationship between federal and state arbitration law, North Carolina should reexamine the interim relief provisions under the ICACA. Part III will highlight four issues concerning …

The Illusion Of Transformative Conflict Resolution: Mediating Domestic Violence In Nicaragua, Raquel Aldana, Leticia Saucedo

McGeorge School of Law Scholarly Articles

No abstract provided.

International Commercial Arbitration And International Courts, Mark L. Movsesian

Faculty Publications

The editors of this symposium have asked us to address an interesting question. Why hasn't international commercial arbitration’s (ICA's) success been repeated in the context of international courts? In the last few decades, states have created scores of permanent tribunals with jurisdiction to resolve disputes about international law. By and large, though, states have not been as receptive to the rulings of these tribunals. What accounts for this comparative lack of hospitality? Why do states treat ICA and international adjudication so differently?

In this essay, I offer an explanation. States treat ICA and international adjudication differently because they are categorically …

Developing Better Lawyers And Lawyering Practices: Introduction To The Symposium On Innovative Models Of Lawyering, John Lande

Journal of Dispute Resolution

To examine innovations in legal practice, the University of Missouri Center for the Study of Dispute Resolution and the Journal of Dispute Resolution held a symposium on October 12, 2007, featuring leading practitioners and scholars to analyze innovative models of lawyering, including Collaborative Law and other processes. David Hoffman gave an outstanding keynote address, which was followed by two panels of experts. This issue of the Journal of Dispute Resolution presents papers from that symposium was so productive that we did not have time for presentations from some participants and do not have space for all the papers in this …

Doubling Up The Horses In Midstream: Enhancing U.S. Patent Dispute Resolution By The Pto's Adoption Of The Jpo's Hantei Request System, Gino Cheng

Cardozo Journal of Conflict Resolution

For entities seeking to preempt or defend against adverse claims of infringement, navigating the present U.S. patent dispute resolution system is a thorny path. Judicial standing requirements hinder a potential defendant from fully assessing its risks before making and placing in jeopardy certain investments or assuming negotiation costs, thereby increasing its accountability, the financial stakes, and the probability of retaliation. While the standing doctrine has become more favorable to would-be licensees over time, a readily accessible opining mechanism for infringement would usher in still more benefits, including those unachievable through either litigation or conventional forms of alternative dispute resolution. Although …

The Ethics Of Collaborative Law, Scott R. Peppet

Publications

The practice of Collaborative Law - in which both parties agree that should their case fail to settle, both lawyers will be disqualified from proceeding to court - has grown rapidly in the family bar over the last decade. At the same time, the ethics of this practice have been called into question. Competing ethics opinions in 2007 - from the Colorado Bar Association and the American Bar Association - alternately ban and permit the practice. This Article tries to clarify the underlying ethical issues in Collaborative Law, arguing that much confusion has resulted from imprecise understandings of what the …

Roger Williams University School Of Law Mediation Clinic, Bristol, Rhode Island, Usa, Gail I. Winson

Law Faculty Scholarship

No abstract provided.

The (New) Ethics Of Collaborative Law, Scott R. Peppet

Publications

No abstract provided.

Conflict Tactics In A Mediation Setting, Linda M. Johnston, Michelle Lebaron

All Faculty Publications

This essay examines the results of a pilot study undertaken at George Mason University as a joint effort between the Psychology Department and the Institute for Conflict Analysis and Resolution. The authors discuss the task of behavioralizing tactics commonly used in conflict situations, defining particular conflict styles often used by participants in conflicts, and the ability of the participants in the study to identify and agree upon the tactics and styles when viewed in a film. The authors also examine the relationship of shame, guilt, and anger in the conflict setting as it relates to the tactics used.

Commercial Peace And Political Competition In The Crosshairs Of International Arbitration, Thomas E. Carbonneau

Faculty Scholarship

This article examines the mixed effect of arbitration upon the generation of international law norms; in particular, how arbitration can generate private law norms so effectively and yet still face strong resistance in public international law processes and controversies. The work of arbitration for international commercial litigation has been nothing less than spectacular. In both the private international and domestic civil contexts, arbitration has provided viable remedial solutions and functional adjudication when the law was either nonexistent or incapacitated. It has supplied a workable and adaptable trial system, which-on the international side-could also generate substantive legal norms. Arbitration thereby has …

The Revolution In Law Through Arbitration, Thomas E. Carbonneau

Faculty Scholarship

My subject is arbitration. I explore how its re-emergence during the last forty years has revolutionized the thinking about, and the practice of, law. The development of a "strong federal policy favoring arbitration" cast aside traditional acceptations about law and adjudication. The rule of law-the human civilization associated with law and the legal process-has been profoundly, perhaps irretrievably, altered by the rise of arbitration. The landmark cases in labor and employment arbitration- Alexander v.Gardner-Denver Company (the "old time religion") and Gilmer v. Interstate/JohnsonLane Corporation (the "new age" thinking)- attest to the enormous distance that separates past and present concepts of …

Introduction: Collaboration Good Or Bad: How Is It Working On The Colorado River?, Jean R. Sternlight

Scholarly Works

This is an introduction to articles submitted as part of the Saltman Center for Conflict Resolution’s Symposium, Collaboration and the Colorado River. The Symposium focused on the uses of collaboration to resolve environmental and natural resource disputes pertaining to the Colorado River.

This written version of the conference now builds upon the live event. We are most fortunate that many (unfortunately not all) of the speakers were able to contribute articles to comprise this written version of the Symposium. In their papers, presenters have expanded on their oral remarks and responded to points made by others during the conference.

Second-Generation Dispute System Design Issues In Managing Settlements, Francis Mcgovern

Faculty Scholarship

No abstract provided.

"Arbitration As A Final Award: Challenges And Enforcement" Published As Chapter 10 In International Sales Law And Arbitration: Problems, Cases, And Commentary, Jack M. Graves, Joseph F. Morrissey

Scholarly Works

No abstract provided.

Crossing Borders Into New Ethical Territory: Ethical Challenges When Mediating Cross-Culturally, Harold Abramson

Scholarly Works

No mediator wants to be charged with cultural imperialism when mediating private international disputes. And yet, mediators run this risk whenever the mediator resists doing what the parties want done. This cultural challenge is different than what mediators customarily encounter. Instead of the gap arising between the parties, the gap is between the mediator and the parties. In this article, I will consider how a mediator might ethically bridge mediator-parties gaps while generally avoiding the harsh charge of cultural imperialism. Through a hypothetical in which a mediator's values clash with the values of the parties, I will develop a four …