Dispute Resolution and Arbitration Commons^™

Apartheid And Jim Crow: Drawing Lessons From South Africa’S Truth And Reconciliation, Benjamin Zinkel

Journal of Dispute Resolution

No abstract provided.

Philippine Community Mediation, Katarungang Pambarangay, Gill Marvel P. Tabucanon, James A. Wall Jr., Wan Yan

Journal of Dispute Resolution

First, we present a brief overview of the process, followed by a delineation of the history, purpose, operational structure, jurisdiction, venue, procedure, and time frame for this mediation approach. Finally, we report on interviews we conducted with mediators who have served on these panels. Their accounts reveal intriguing details as to how the mediation process unfolds and the benefits of this dispute resolution process. Our goals in this article are threefold: (1) to describe this grassroots mediation approach; (2) to expand our knowledge about mediation; and (3) to reflect on the advantages of this approach so as to improve mediation …

Mlb Minimum And Average Salaries 1967-2012, Edmund P. Edmonds

Minimum and Average Salaries

No abstract provided.

Legal Consequences Of Apologizing, Peter H. Rehm, Denise R. Beatty

Journal of Dispute Resolution

This article discusses the legal consequences of saying you are sorry, whether as an apology or an expression of sympathy. It discusses questions such as whether an apology is understood to be an admission of guilt, whether an apology fulfills any elements of a tort, how an apology can be useful for avoiding litigation, how an expression of sympathy should be worded to minimize the possibility that it could be misunderstood to be an admission of guilt, and why someone who is guilty of some error should apologize without concern that this would make their situation worse. It analyzes various …

Restorative Justice: What Is It And Does It Work?, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

This article reviews the now extensive literature on the varied arenas in which restorative justice is theorized and practiced — criminal violations, community ruptures and disputes, civil wars, regime change, human rights violations, and international law. It also reviews — by examining empirical studies of the processes in different settings — how restorative justice has been criticized, what its limitations and achievements might be, and how it might be understood. I explore the foundational concepts of reintegrative shaming, acknowledgment and responsibility, restitution, truth and reconciliation, and sentencing or healing circles for their transformative and theoretical potentials and for their actual …

Mediation As An Effective Method To Transform Relationships And Resolve Conflict, Julie R. Kneip

Graduate Research Papers

Mediation has become a well-respected method of conflict resolution. It is currently utilized in a variety of areas including family situations such as divorce and custody concerns, employer and employee disputes, and individual conflicts. Mediation occurs on a global level as well, including intervention with countries engaged in conflict with one another and countries with governments at odds with their constituents. In the United States, mediation is often seen as a way to lower the burden on the courts by having parties resolve issues with the help of a mediator rather than further clogging the judicial system. While this is …

Introduction To The Court Of Arbitration For Sport (Cas) & The Role Of National Courts In International Sports Disputes, An Symposium, Louise Reilly

Journal of Dispute Resolution

The founding purpose of the Court of Arbitration for Sport (CAS) was to take international sports disputes out of national courts and provide a highly specialized forum where those disputes could be heard and decided, quickly and inexpensively, according to a flexible procedure. Since its inception, CAS has gained the recognition and trust of the international sports community and today, is the last instance of appeal for parties involved in a wide-range of sports-related disputes, including those related to all Olympic sports and many non-Olympic sports, football disputes, doping infractions and international commercial contracts. CAS has come to provide sportsmen …

Damages In Lieu Of Performance Because Of Breach Of Contract, John Y. Gotanda

Working Paper Series

In contract disputes between transnational contracting parties, damages are often awarded to compensate a claimant for loss, injury or detriment resulting from a respondent’s failure to perform the agreement. In fact, damages may be the principal means of substituting for performance or they may complement other remedies, such as recision or specific performance.

Damages for breach of contract typically serve to protect one of three interests of a claimant: (1) performance interest (also known as expectation interest); (2) reliance interest; or (3) restitution interest. The primary goal of damages in most jurisdictions is to fulfil a claimant’s performance interest by …

News Coverage And Social Protest: How The Media's Protect Paradigm Exacerbates Social Conflict, Douglas M. Mcleod

Journal of Dispute Resolution

Past research on media coverage of social protests has yielded evidence of a protest paradigm: a set of news coverage patterns that typifies mainstream media coverage. This coverage generally disparages protesters and hinders their role as vital actors on the political stage. The lack of respect for the value of social protest inherent in such coverage has created frustration among the protesters, which has in turn contributed to dysfunctional confrontations. However, under certain conditions, journalists will deviate from the protest paradigm. Such aberrations were found in the Los Angeles Times' coverage of the May 1, 2006, "Day without Immigrants" demonstrations. …

Third-Party Mediation Of Interstate Conflicts: Actors, Strategies, Selection, And Bias, Scott Sigmund Gartner

Arbitration Law Review

While arbitration remains more common than mediation as an alternative to litigation in domestic legal disputes, the opposite occurs in resolving violent interstate conflicts, where third-party mediation represents the most frequently employed method of conflict resolution. In order to understand the similarities and differences between international and domestic mediation, this article identifies key attributes of international conflict management generally and third-party mediation of violent disputes specifically, and four critical patterns commonly found in third-party mediation of international conflicts. These patterns, each of which is illustrated with a vignette involving US foreign policy, include: 1) the complex role of mediator bias …