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Dispute Resolution (dispute + resolution)

Distribution by Scientific Domains

Law and Criminology	52%
Business, Economics, Finance and Accounting	21%
Humanities and Social Sciences	18%
Education	5%

Kinds of Dispute Resolution

alternative dispute resolution

Selected Abstracts

FAMILY DISPUTE RESOLUTION: CHARTING A COURSE FOR THE FUTURE

FAMILY COURT REVIEW, Issue 3 2009
Amy Holtzworth-Munroe
This article summarizes ideas for future directions in the field of family dispute resolution, as discussed by legal experts, social scientists, and other participants at the Indiana University,Bloomington conference on family dispute resolution. Five major categories of future directions were discussed: (1) clarifying differing goals for work in this field; (2) recognizing, understanding, and assessing for heterogeneity among couples and families facing divorces, break ups in adult relationships, and reconfigurations of adult relationships with the children ("relationship dissolution"); (3) testing our assumptions and commonly held beliefs about relationship dissolution; (4) empirically testing the efficacy of interventions for families experiencing relationship dissolution; and (5) disseminating research findings to those on the frontline. [source]

ALTERNATIVE DISPUTE RESOLUTION FOR HAGUE CONVENTION CHILD CUSTODY DISPUTES*

FAMILY COURT REVIEW, Issue 2 2007
Radoslaw Pawlowski
This note explains that an Alternative Dispute Resolution (ADR) protocol should be adopted as part of the Hague Convention on the Civil Aspects of International Child Abduction to facilitate the amicable resolution of cross-border child custody cases. It suggests that national ADR models should be used as a guide to improve this treaty. First, this note brings to light the negative effect of cross-border litigation on children as well as the complexities and the deficiencies of this international treaty. Second, it examines mediation and arbitration systems employed in the United States, Europe, and Australia and how these can be transposed on the international scale. Third, it proposes how the ADR protocol should be drafted and implemented. A sound ADR mechanism would alleviate the unfortunate conditions of children trapped in long and destructive international child custody battles. [source]

MAKING ALTERNATIVE DISPUTE RESOLUTION (ADR) LESS ALTERNATIVE: THE NEED FOR ADR AS BOTH A MANDATORY CONTINUING LEGAL EDUCATION REQUIREMENT AND A BAR EXAM TOPIC

FAMILY COURT REVIEW, Issue 4 2006
Dori CohenArticle first published online: 11 SEP 200
Divorce proceedings have had a negative reputation due to their adversarial nature. Litigation in the family law field has exacerbated an already emotionally charged atmosphere. Alternative dispute resolution (ADR) has grown in importance over the past three decades and has helped to alleviate some of the animosity which accompanies divorce and child custody matters. Parents in particular are aided by the benefits of options such as mediation and collaborative divorce, obtaining increased control over their agreements in situations where the relationships will be continuous due to shared parenting responsibilities. However, much more could be done to increase the use of ADR in family law proceedings. Current family law practitioners could fill many roles, including mediator, advocate during mediation, collaborative negotiator, arbitrator, and counselor regarding which process to implement. Knowledge about these different roles, with their attendant skills and ethical issues, has become imperative. This Note will advocate for a mandatory continuing legal education requirement in ADR for matrimonial attorneys, as well as for the inclusion of ADR as a topic on state bar examinations. An increased knowledge of ADR will benefit divorcing parents and their children, ease an overcrowded court system, and lead to greater personal and professional satisfaction for the family law practitioner. [source]

BEYOND NOTIONS OF DIPLOMACY AND LEGALISM: BUILDING A JUST MECHANISM FOR WTO DISPUTE RESOLUTION

AMERICAN BUSINESS LAW JOURNAL, Issue 3 2003
Lawrence D. Roberts
First page of article [source]

ALTERNATIVE DISPUTE RESOLUTION FOR HAGUE CONVENTION CHILD CUSTODY DISPUTES*

On the Edge of the Law: Women's Property Rights and Dispute Resolution in Kisii, Kenya

LAW & SOCIETY REVIEW, Issue 1 2009
Elin Henrysson
Scholars have argued that economic efficiency requires a clear definition of the rights of ownership, contract, and transfer of land. Ambiguity in the definition or enforcement of any of these rights leads to an increase in transaction costs in the exchange and transfer of land as well as a residual uncertainty after any land contract. In Kenya, government efforts at establishing clearly defined property rights and adjudication mechanisms have been plagued by the existence of alternative processes for the adjudication of disputes. Customary dispute resolution has been praised as an inexpensive alternative to official judicial processes in a legally pluralistic environment. However, our research demonstrates that customary processes may also carry a monetary cost that puts them beyond the means of many citizens. This article compares the costs and processes of the formal and informal methods of property rights adjudication for women in the Kisii region of Kenya. The research results suggest that women have weak property rights overall, they have limited access to formal dispute resolution systems because of costs involved, and even the informal systems of conflict resolution are beyond the means of many citizens. [source]

With mediation leading the way, justice department readies progress report Touting big adr savings

ALTERNATIVES TO THE HIGH COST OF LITIGATION, Issue 5 2007
Russ Bleemer
The U.S. Justice Department's Office of Dispute Resolution has been compiling data from throughout the executive branch on how conflict resolution processes are used, and what they provide. The result is a lengthy report with a treasure trove of ADR statistics focusing on savings of both dollars and time. The Justice staffers involved provide a preview of the report [source]

Metaphors, hostage-takers, and dealing with ,Influential Outsiders' highlight excerpts from a ,Canon' on deal-making

ALTERNATIVES TO THE HIGH COST OF LITIGATION, Issue 8 2006
Andrea Kupfer Schneider
Andrea Kupfer Schneider, of Milwaukee, and Christopher Honeyman, of Madison, Wis., preview their comprehensive new anthology on reaching agreement, "The Negotiator's Fieldbook," which will be published this month by the American Bar Association's Section of Dispute Resolution. [source]

The Practice of Public Dispute Resolution: Measuring the Dollar Value of the Field

NEGOTIATION JOURNAL, Issue 3 2007
Lawrence Susskind
First page of article [source]

In Search of a Canon: Three Texts on Dispute Resolution

NEGOTIATION JOURNAL, Issue 2 2006
Kenneth H. Fox
First page of article [source]

Dispute Resolution and the Politics of Cultural Generalization

NEGOTIATION JOURNAL, Issue 1 2003
David Kahane
This essay argues that generalizations about cultural identities and values should play a key role in designing procedures to resolve disputes. Generalizations about cultures are risky given the complexity of memberships and group boundaries, not to mention the power dynamics within and between social groups. But it is important to take the risk: attempts to avoid or transcend culture in resolving disputes pose an even greater danger, of reiterating the understandings of dominant cultural groups under the guise of neutrality. The author explores the "politics of cultural generalization" in theoretical terms, then considers its implications for concrete elements of dispute resolution training and process design. [source]

Cross-Border Internet Dispute Resolution by Julia Hörnle

THE MODERN LAW REVIEW, Issue 1 2010
Pablo Cortés
No abstract is available for this article. [source]

Dispute resolution in federal systems

INTERNATIONAL SOCIAL SCIENCE JOURNAL, Issue 167 2001
Michael Crommelin
This article deals selectively with four broad approaches to conflict management in federal systems of government: formal dispute resolution,informal dispute resolution, dispute avoidance, and popular dispute resolution. Courts undertake the task of formal dispute resolution through judicial review: issues of current significance include judicial concepts of federalism, the reference jurisdiction, Scottish devolution, and supranational federalism and the European Court of Justice. Examples of informal dispute resolution are few. The South African Constitution includes a provision, requiring parties to an intergovernmental dispute to exhaust all other remedies before resorting to litigation. The dispute resolution process contained in chapter 20 of the North American Free Trade Agreement may stimulate experimentation with similar models in federal systems. Dispute avoidance techniques are many and varied; they include the drafting of constitutional instruments and the use of intergovernmental forums within and outside the constitutional framework. The electoral process may be employed in federal systems to determine the fate of governments, specific legislative measures and proposed constitutional amendments. Each federal society has its own culture of conflict management, which exerts a subtle but significant influence on the operation of, and the relationship among, dispute resolution systems. [source]

Colloquy: The human face of on-line dispute resolution

CONFLICT RESOLUTION QUARTERLY, Issue 3 2006
Melissa Conley Tyler
First page of article [source]

How do you write "yes"?: A study on the effectiveness of online dispute resolution

CONFLICT RESOLUTION QUARTERLY, Issue 3 2003
Anne-Marie G. Hammond
This article is derived from original research into the applicability and effectiveness of online dispute resolution, particularly mediation, for resolving disputes in the real and virtual worlds. It records the experience of a variety of mediators and disputants in fifteen online mediation simulations, using eight different dispute scenarios, some of them multiparty, in consumer transactions, insurance claims, and workplace and family cases. The objective of the study was to seek answers to the questions: How can online communications be organized and managed so that parties have the greatest possible opportunity to achieve a mutually beneficial agreement? What behaviors, skills, strategies, and techniques will most enhance effective communications? What is required in an online process to effectively facilitate communications and enable the resolution of disputes? [source]

Where is the trust? using trust-based mediation for first nations dispute resolution

CONFLICT RESOLUTION QUARTERLY, Issue 1 2001
Michael D. Blackstock
Mediators dealing with disputes between governments and indigenous peoples realize the need to emphasize trust-building processes to address long-held and deep-seated concerns between parties. This article presents a trust-based model of mediation and explains its utility in the First Nations Dispute in Canada. [source]

Refining and testing joint fact-finding for environmental dispute resolution: Ten years of success

CONFLICT RESOLUTION QUARTERLY, Issue 4 2001
Scott T McCreary
For the past decade, we at CONCUR have been mediating complex environmental disputes and using the technique of joint fact-finding as a cornerstone of our model of practice. In this article, we present and reflect on this body of experience, with the goal of better informing both our colleagues in the field and other potential users of alternative dispute resolution (ADR) about the elements and preconditions for successful use of joint fact-finding. We also aim to contribute actively to current initiatives on best practices. [source]

Knowledge, trust and recourse: imperfect substitutes as sources of assurance in emerging economies

ECONOMIC AFFAIRS, Issue 1 2001
Bruce L. Benson
Uncertainty prevents voluntary interactions, but institutions of trust and/or recourse can substitute for knowledge by making promises relatively credible. Trust and various sources of recourse are imperfect substitutes, however, as demonstrated by consideration of the trade-offs between trust based on repeated dealings, recourse to informal private sanctions such as reputation threats, ostracism sanctions and third-party dispute resolution through formal commercial organizations operating under customary law, and the state's coercive legal system. The problems of knowledge and interest imply that, though not perfect, private sources of trust and recourse are superior in emerging markets to state-provided recourse. [source]

FAMILY DISPUTE RESOLUTION: CHARTING A COURSE FOR THE FUTURE

MAKING ALTERNATIVE DISPUTE RESOLUTION (ADR) LESS ALTERNATIVE: THE NEED FOR ADR AS BOTH A MANDATORY CONTINUING LEGAL EDUCATION REQUIREMENT AND A BAR EXAM TOPIC

ETHICAL, LEGAL, AND PROFESSIONAL PRACTICE ISSUES INVOLVED IN ACTING AS A PSYCHOLOGIST PARENT COORDINATOR IN CHILD CUSTODY CASES

FAMILY COURT REVIEW, Issue 3 2004
Matthew J. Sullivan
The use of Psychologist Parent Coordinators in child custody cases (called Special Masters in California) is becoming increasingly prevalent across the country. This postdivorce parenting coordination role is a legal/psychological hybrid, demanding knowledge and skill in legal domains (legal procedure, relevant case law, etc.), psychological domains (child development, family systems, etc.), and dispute resolution (mediation and settlement processes). Situated in the interface of legal and psychological paradigms, Parent Coordination may be reviewed by multiple legal and psychological regulatory bodies. Coming from varying perspectives, the practice guidelines and mandates of these legal, ethical, and licensing agencies impose multiple standards of review of Parent Coordination. A brief overview of the legal and psychological review processes applicable to Special Master work in California, as they relate to common issues that confront the Parenting Coordinator across the country, is the focus of this article. They suggest that the current lack of coordination of review processes creates a minefield of professional risk for the psychologist who chooses to practice in this role. [source]

The Underside of Conflict Management , in Africa and Elsewhere

IDS BULLETIN, Issue 1 2001
Laura Nader
Summaries This article traces the evolution of thought on dispute resolution in recent decades and takes a critical look at its latest incarnation, the alternative dispute resolution (ADR) revolution. It argues that ADR is premised on the harmony model of law that denies the unequal power of disputing parties and ignores issues of social justice. It calls for a real dialogue by serious scholars willing to examine the now plentiful evidence of the performance of ADR devices. The article also shows that dispute resolution is not autonomous from other social and economic components of social systems, and that as a consequence it is not possible to divorce law and power. Any ADR scheme, therefore, needs careful study of the social conditions in which it may operate. [source]

Dispute resolution in federal systems

Gender and Negotiation: Some Experimental Findings from an International Negotiation Simulation1

INTERNATIONAL STUDIES QUARTERLY, Issue 1 2009
Mark A. Boyer
Increasingly, scholars have taken note of the tendency for women to conceptualize issues such as security, peace, war, and the use of military force in different ways than their male counterparts. These divergent conceptualizations in turn affect the way women interact with the world around them and make decisions. Moreover, research across a variety of fields suggests that providing women a greater voice in international negotiations may bring a fresh outlook to dispute resolution. Using experimental data collected by the GlobalEd Project, this article provides substantial support for hypotheses positing that females generate significantly different processes and outcomes in a negotiation context. These findings occur both in terms of female negotiation behavior and the impact of females as negotiation facilitators/mediators. [source]

Grasping the Commercial Institutional Peace

INTERNATIONAL STUDIES QUARTERLY, Issue 3 2003
David H. Bearce
While the commercial institutional peace research program provides empirical evidence that international institutions, especially preferential trade arrangements, help reduce the incidence of militarized inter-state conflict, it fails to delineate clearly how such institutions matter. Building from the logic that low opportunity costs for fighting, private information, and commitment problems constitute important causes of war, this article explores three interrelated causal mechanisms. First, the state leaders' increased expectations about future commerce create an incentive for these actors to consider peaceful bargains as an alternative to costly war. Second, security coordination under the umbrella of a commercial institution provides fuller information about state military capabilities, thus making inter-state bargaining for dispute resolution more efficient. Third, in bringing together high-level state leaders on a regular basis, commercial institutions may create the trust necessary to overcome commitment problems in inter-state bargaining. I explore how these mechanisms have operated within the Gulf Cooperation Council and the Economic Community of West African States. [source]

A New Paradigm for the Teaching of Business Law and Legal Environment Classes

JOURNAL OF LEGAL STUDIES EDUCATION, Issue 1 2006
Marc Lampe
There is a need to develop curriculum and materials on law-related topics better designed for business students planning a career in business. Except incidentally, business school legal faculty are not teaching future lawyers or paralegals. The world of the business practitioner is very different from that of the lawyer. For most business people the law and lawyers are a necessary nuisance. Furthermore, the legal world is changing. For example, methods of alternative dispute resolution (ADR) have become mainstream. Opportunities for "self-help law" have proliferated. These trends, and other opportunities considered in this article, offer substantial benefits to the business community. To meet the needs of today's business person, college business law and legal environment courses must stress economical, intelligent prevention of legal problems and resolution of conflict. This article is about empowering future business managers by utilizing their class time to educate them to more directly meet these goals. Topical coverage and pedagogical approaches for implementing a new paradigm in a business school introductory law course are detailed. Faculty members should not allow fear of change to deter a needed overhauling of the curriculum, as such procrastination could harm the profession's future standing. [source]

Stereotypes and Moral Oversight in Conflict Resolution: What Are We Teaching?

JOURNAL OF PHILOSOPHY OF EDUCATION, Issue 4 2002
J. Harvey
I examine some common trends in ,conflict management skills', particularly those focused on practical results, and argue that they involve some moral problems, like the reliance on offensive stereotypes, the censorship of moral language, the promotion of distorted relationships, and sometimes the suppression of basic rights and obligations that constitute non,consequentialist moral constraints on human interactions (including dispute resolution). Since these approaches now appear in educational institutions, they are sending dangerous messages to those least able to critically assess them, messages that denigrate the language, reflection, and interactions on which the moral life depends, thus undermining the possibility of moral education in the most fundamental sense of the phrase. [source]

Regulatory Failure and the Collapse of Japan's Home Mortgage Lending Industry: A Legal and Economic Analysis

LAW & POLICY, Issue 3-4 2000
Curtis Milhaupt
This article analyzes the dynamics of contemporary cooperation and conflict in Japanese financial regulation through the prism of the "jusen problem," the collapse of Japan's home mortgage lending industry in the 1990s. The jusen problem is one of the most striking examples of regulatory failure, strategic interest group bargaining, and large-scale dispute resolution in Japanese history. [source]

Unraveling the Ivory Fabric: Institutional Obstacles to the Handling of Sexual Harassment Complaints

LAW & SOCIAL INQUIRY, Issue 1 2000
Jennie Kihnley
Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972 make universities liable for sexual harassment that occurs within both the employment and academic contexts. This article examines how universities implement and enforce the mandates of both Title VII and Title IX through exploratory research about sexual harassment complaint procedures at a public university system on the West Coast. In-depth interviews with personnel at each campus shed light on problems with inserting a complaint resolution process into an institution that simultaneously strives to eliminate sexual harassment, while wanting to protect itself from liability. This inherent conflict of goals is reflected in the differing roles of the Title IX office and the Women's Resource Center, in creation of a user friendly policy, and in the two branches of dispute resolution. [source]