Yale Law School
Australian Centre for Justice Innovation
UNICEF
Boston College Law School
University of Pennsylvania
University of Missouri School of Law
Pepperdine University
Penn State Law
Judicial Mediation: From Debates To Renewal,
2019
Universite de Sherbrooke
Judicial Mediation: From Debates To Renewal, Jean-Francois Roberge, Dorcas Quek Anderson
Research Collection School Of Law
Judicial mediation involving a judge actingas a mediator in a court dispute has been implemented in many jurisdictionsworldwide as a way to overcome access to justice challenges. This innovationhas raised many debates on the changing role of the judge built on either its congruence with or divergence from judicial adjudication. Over the years, thesedebates have become increasingly stagnant. The evolving vision on access tojustice brings an opportunity to draw from the earlier debates and forge adifferent way forward. This paper argues that a coequality approach to understanding judicial mediation is a betterway to design the process in a way that ...
Table Of Contents,
2019
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Metastasization Of Mandatory Arbitration,
2019
Cornell University
The Metastasization Of Mandatory Arbitration, Alexander J.S. Colvin
Chicago-Kent Law Review
Mandatory arbitration procedures have expanded to become a common feature of American employment relations. This article presents the results of a new original survey examining the extent of mandatory arbitration, where it is most commonly used, and which employees it is most likely to affect. Overall, 53.9 percent of private sector business establishments, representing 56.2 percent of nonunion employees, have mandatory arbitration procedures. Larger employers are more likely to have adopted mandatory arbitration, as are workplaces with lower paid employees. Mandatory arbitration is particularly common in California, North Carolina, and Texas, but is widespread nationwide. Class action waivers ...
Expanding The Scope Of Dispute Resolution And Access To Justice,
2019
Singapore Management University
Expanding The Scope Of Dispute Resolution And Access To Justice, Masood Ahmed, Dorcas Quek Anderson
Research Collection School Of Law
This note considers recent civil justice reforms in England and Singapore in enhancing the role of ADR, in particular mediation, as a means of increasing access to justice. The English and Singaporean civil justice reforms reflect the continual efforts to encourage the greater utilisation of ADR for appropriate cases. The current range of mechanisms may be charted along a “continuum of madatoriness”, ranging from compulsory attendance at mediation orientation sessions; the utilisation of costs sanctions; having an opt-out system; and mandating mediation with no exemptions. However, the English and Singaporean experiences illustrate some of the drawbacks in penalising parties for ...
The Singapore Convention On Mediation - A Brighter Future For Asian Dispute Resolution,
2019
Singapore Management University
The Singapore Convention On Mediation - A Brighter Future For Asian Dispute Resolution, Eunice Chua
Research Collection School Of Law
On 26 June 2018, the UnitedNations Commission on International Trade Law (UNCITRAL) approved, largelywithout modification, the final drafts of the Convention on International SettlementAgreements Resulting from Mediation (the Singapore Convention) and amendmentsto the Model Law on International Commercial Mediation prepared by WorkingGroup II. These instruments aim to promote the enforceability of internationalcommercial settlement agreements reached through mediation in the same way thatthe New York Convention facilitates the recognition and enforcement ofinternational arbitration awards. This paper provides a critical analysis of theSingapore Convention and some commentary from an Asian perspective.
Developing Communities Of Dialogue,
2019
University of Florida Levin College of Law
Developing Communities Of Dialogue, Jonathan R. Cohen
UF Law Faculty Publications
We live in an age where American political discourse has become highly antagonistic. Such hostile discourse may influence not just our politics but also our private lives, for the abrasiveness that we witness in political life can readily spill over into our homes, our schools, and the other realms that we inhabit. How can we resist the spread of such antagonism? This Essay makes two basic claims. First, it is important that we consider dialogue as both an individual phenomenon and as a community-based phenomenon. How we speak with one another is a function of both our individual proclivities and ...
Dispute Resolution Neutrals’ Ethical Obligation To Support Measured Transparency,
2019
University of Oklahoma College of Law
Dispute Resolution Neutrals’ Ethical Obligation To Support Measured Transparency, Nancy A. Welsh
Oklahoma Law Review
No abstract provided.
The Singapore Convention On Mediation - A Brighter Future For Asian Dispute Resolution,
2019
Singapore Management University
The Singapore Convention On Mediation - A Brighter Future For Asian Dispute Resolution, Eunice Chua
Research Collection School Of Law
On 26 June 2018, the UnitedNations Commission on International Trade Law (UNCITRAL) approved, largelywithout modification, the final drafts of the Convention on International SettlementAgreements Resulting from Mediation (the Singapore Convention) and amendmentsto the Model Law on International Commercial Mediation prepared by WorkingGroup II. These instruments aim to promote the enforceability of internationalcommercial settlement agreements reached through mediation in the same way thatthe New York Convention facilitates the recognition and enforcement ofinternational arbitration awards. This paper provides a critical analysis of theSingapore Convention and some commentary from an Asian perspective.
“To Gallop Together To War Is Simple-- To Make Peace Is Complex” Indigenous Informal Restorative Conflict Resolution Practices Among Kazakhs: An Ethnographic Case Study,
2019
Nova Southeastern University
“To Gallop Together To War Is Simple-- To Make Peace Is Complex” Indigenous Informal Restorative Conflict Resolution Practices Among Kazakhs: An Ethnographic Case Study, Ronald Brooks Wiley
Department of Conflict Resolution Studies Theses and Dissertations
Advocates of restorative and transitional justice practice have long drawn from practices of indigenous peoples to form the basis for more sustainable, relational, participatory, community-based approaches to conflict resolution. With the resurgence in Kazakh nationalism since the Republic of Kazakhstan independence, repatriated diasporic Kazakhs, who through cultural survival in diaspora retain more of their ethno-cultural characteristics, influence a revival of Kazakh language and culture. The purpose of this study was to understand the indigenous informal restorative conflict resolution practices of the Kazakh people. The questions that drove this study were: What indigenous informal forms of dispute resolution have been in ...
Dispute Resolution Neutrals' Ethical Obligation To Support Measured Transparency,
2019
Texas A&M University School of Law
Dispute Resolution Neutrals' Ethical Obligation To Support Measured Transparency, Nancy A. Welsh
Faculty Scholarship
In 2016, the Consumer Financial Protection Bureau (CFPB) issued proposed rules that would have brought substantial transparency to mandatory pre-dispute consumer arbitration. In particular, the CFPB proposed to require regulated providers of financial products and services to report to the CFPB regarding their use and the outcomes of arbitrations conducted pursuant to arbitration clauses, and further, the CFPB proposed to make such information public (with appropriate redactions). Although Congress and the President ultimately annulled the CFPB’s proposed rule, its introduction revealed the need for dispute resolution neutrals to support bringing “measured transparency” to private dispute resolution. To place the ...
Arb-Med-Arb In Cross-Border Disputes,
2018
Singapore Management University
Arb-Med-Arb In Cross-Border Disputes, Janet C. Checkley, Nadja Alexander
Research Collection School Of Law
To satisfy the needs of an increasingly diverse set of legal cultures meeting in the global marketplace today, dispute resolution mechanisms must continually evolve. One of the recent solutions to arise out of the blending of legal cultures is evolutionary rather than revolutionary, because it is in fact not new at all: multi-tiered dispute resolution.
Mediation,
2018
Singapore Management University
Mediation, Dorcas Quek Anderson, Sabiha Shiraz
Research Collection School Of Law
No abstract provided.
Book Review: The Negotiator's Desk Reference,
2018
Singapore Management University
Book Review: The Negotiator's Desk Reference, Dorcas Quek Anderson
Research Collection School Of Law
Negotiation theory and practice have evolved at a phenomenal pace since thepublication of Fisher and Ury’s seminal work Getting to Yes.1 The sheer breadth of topics inThe Negotiator’s Desk Reference2 (“NDR”) attests to how negotiation has advanced as a multidisciplinary field. Published in 2017 to replace its predecessor The Negotiator’s Fieldbook,3the NDR comprises 101 chapters written by very prominent academics and practitioners drawnfrom a wide range of professions, disciplines and cultures. According to its editors, more thanhalf of the contents are new, reflecting the new frontiers of the negotiation field.
Contemporary Issues In Mediation (Vol 3)Joel Lee & Marcus Lim Gen Eds,
2018
Singapore Management University
Contemporary Issues In Mediation (Vol 3)Joel Lee & Marcus Lim Gen Eds, Eunice Chua
Research Collection School Of Law
This is a book review of the third volume of Contemporary Issues in Mediation, published by the SingaporeInternational Mediation Institute.
Making Investment Arbitration Work For All: Addressing The Deficits In Access To Remedy For Wronged Host State Citizens Through Investment Arbitration,
2018
Monash University
Making Investment Arbitration Work For All: Addressing The Deficits In Access To Remedy For Wronged Host State Citizens Through Investment Arbitration, Emmanuel T. Laryea
Boston College Law Review
The current dominant system for resolving international investment disputes is the Investor-State Dispute Settlement system or, more precisely, the Investor-State Arbitration system (ISA). The ISA system has proved to be an effective avenue for remedy for foreign investors whose investments are wrongfully impaired by host states. However, the system is not accessible to Host State Citizens (HSCs) whose interests may be harmed by investors. Wronged HSCs can seek redress in domestic fora only. The domestic fora in many jurisdictions leave many wronged HSCs without remedy, a problem that has long been acknowledged. This Essay proposes a solution. It proposes that ...
Expansive Disclosure: Regulating Third-Party Funding For Future Analysis And Reform,
2018
Boston University
Expansive Disclosure: Regulating Third-Party Funding For Future Analysis And Reform, Rachel Denae Thrasher
Boston College Law Review
Third-party funding (TPF) is a relatively new phenomenon in the field of international investment arbitration. TPF takes place when a non-party to a dispute provides funding to one of the parties (usually the claimant) in return for a percentage of the amount recovered. International investment arbitration is a unique context, however, because investor-states dispute settlement puts States always in the role of respondent and private investors in the role of claimants. Despite this apparent imbalance, TPF proponents argue, among other things, that it provides much needed access to justice for poorer clients and adds value to the system by providing ...
Property Rights As Human Rights In International Investment Arbitration: A Critical Approach,
2018
Centre for International Governance Innovation
Property Rights As Human Rights In International Investment Arbitration: A Critical Approach, Enrique Boone Barrera
Boston College Law Review
The treaty-based regime of investment protection is said to protect the property rights of foreign investors. Arbitral tribunals are usually tasked with settling investment disputes using principles of international law, some of which refer to the doctrine of protection of aliens. These features have led some commentators to compare the protection of foreign investment with the protection of property rights by human rights instruments and courts. This Essay provides a critical perspective on the relationship between these two systems. The Essay re-examines the widespread assumptions that underlie efforts to find parallels between human rights and foreign investment protection. The analysis ...
Justice For All? Protecting The Public Interest In Investment Treaties,
2018
Erasmus School of Law
Justice For All? Protecting The Public Interest In Investment Treaties, Alessandra Arcuri, Francesco Montanaro
Boston College Law Review
Investment arbitration has come increasingly under fire because of its design flaws. There is an emerging consensus that investment treaty arbitration not only falls short of ensuring a sufficient degree of transparency of arbitral proceedings and impartiality of arbitrators, but also that its institutional architecture is unjustifiably asymmetric, entrusting foreign investors with significant rights while no protection is afforded to the host states’ constituencies. In response to these criticisms, several states have attempted in recent years to reform the rules governing investor-state arbitration. A perusal of recently concluded international investment agreements, however, reveals that the reform efforts so far have ...
Investment Disputes Oltre Lo Stato: On Global Administrative Law, And Fair And Equitable Treatment,
2018
Pontifical Catholic University of Chile
Investment Disputes Oltre Lo Stato: On Global Administrative Law, And Fair And Equitable Treatment, Sebastián López Escarcena
Boston College Law Review
Global Administrative Law is an academic project that attempts to describe the emergence of a regulatory space beyond the state and to prescribe solutions to the problems it diagnoses through certain normative principles like participation, transparency, reasoned decision-making, judicial review, accountability, proportionality, and legitimate expectations. In the case of investment treaty arbitration, the principles advanced by Global Administrative Law are akin to the constitutive elements of the fair and equitable treatment that international arbitral tribunals have identified in investor-state disputes. As classified by international law scholars, these constitutive elements of fair and equitable treatment include due process, arbitrariness, non-discrimination, vigilance ...
Introduction: Investment Law For The Twenty-First Century,
2018
Boston College Law School
Introduction: Investment Law For The Twenty-First Century, Frank J. Garcia, Sebastián López Escarcena
Boston College Law Review
No abstract provided.
