Dispute Resolution
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Recent papers in Dispute Resolution
Parenting coordination is a client-pay, hybrid alternative dispute resolution (ADR) process designed for parents and guardians involved in on-going, high conflict child custody disputes. The basic idea underlying the parenting... more
(with Madeleine J. Lewis) Conditions precedent to Farmout Agreements (FOA) are critical in ensuring that an agreement is fulfilled under conditions that are protective of the parties' interests in the agreement. Conditions precedent... more
This paper focuses on the effects of nonbinding recommendations on bargaining outcomes. Recommendations are theorized to have two effects: they can create a focal point for final bargaining positions, and they can decrease outcome... more
We investigated how third party managers from China, Japan and the USA intervened in employees' disputes. Consistent with predictions, we found (using non-linear HLM analysis) that managers who were superiors to the disputants behaved... more
This working paper explores the interplay of socioeconomic, institutional, and cultural factors that affect disputing behaviour in Russia and China. It compares their cultural attitudes towards conflicts, explores the differences in their... more
This paper focuses on empirically assessing determinants of river basin management decentralization, which is growing in popularity among water resource managers world wide. Measuring decentralization as a shift of decision-making... more
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The development of intelligent environments poses complex challenges, namely at the level of device heterogeneity and environment dynamics. In fact, we still lack supporting technologies and development approaches that can efficiently... more
1. La recente decisione con la quale il Governo brasiliano ha riconosciuto lo status di rifugiato politico a Cesare Battisti, negando in tal modo l'estradizione richiesta dall'Italia, ha dato luogo, com'è noto, ad una controversia tra... more
The primary mechanism for dispute resolution under IDEA (Individuals with Disabilities Education Act) is a due process hearing. The total number of adjudicated hearings under IDEA has dropped from the high level during the latter part of... more
Based on governance-related criteria, this article provides the empirical jurimetric verification of the how, where, when and why alternative dispute resolution (ADR) mechanisms provide efficiency enhancing channels to redress grievances... more
The article is devoted to the approaches of the Republic of Belarus and foreign countries to arbitrability of the disputes connected with unfair competition. The authors analyse both the provisions of treaties and normative legal acts, as... more
Av. Heráclito Rollemberg, 4.444 -DIA -Fone: 31797301 -FAX: (079)3179-7301 Aracaju/SE. Portal: www.semahr.se.gov.br/ www.adema.se.gov.br RESOLUÇÃO CEMA Nº05/2012 de 12 de março de 2012. Publicada em, 30/04/2012. Dispõe sobre normas e... more
Malachi’s dream of becoming a lawyer has been diminished as a result of the accident therefore suffering pain and loss of his dream career can claim general and specific damages. The plaintiff must prove that the defendant owned a duty of... more
Mediation has become an increasingly attractive dispute resolution option. The American Bar Association's (1980) Dispute Resolution
A certain amount of pollution invariably accompanies industrialization and no claim is made of an international right to a completely pollution free environment. However, the principles of responsibility for actions adversely affecting... more
In both private and public justice systems, online dispute resolution (ODR) technologies are profoundly affecting people’s access to justice and redress and the nature of their procedural experiences. Automation and artificial... more
The term "ancient wisdom" evokes powerful imagery-the influences of great philosophers and religious icons, ideas, values and spiritual traditions that have withstood the test of time. And yet, its meaning is also ambiguous, and its... more
The European single market is a symbol of European integration. Certainly, the European internal market brings great opportunities to its citizens and professionals, especially when the European legislators enact new provisions... more
Title: A Primer on the Barangay Justice with ADR Law Author: Judge Eliza B. Yu, LLM, DCL Publisher: Central Book Supply, Inc. ISBN: 978-971-011-204-3 No. Of Pages: 180 Size: 6"x9" Binding: Softbound Price: ₱ 395 Description: We belong... more
" The LRA permits councils and the CCMA to arbitrate disputes immediately if conciliation fails. The process of 'con-arb' collapses the normal two-phase process of conciliation meeting, followed by arbitration on a later date. This... more
1. Our recommendations help – A. Entrepreneurs to downsize, right size or close their enterprise without government permission. B. But, all workers who have been laid off must get PF and Severance Pay (as in Europe and Brazil) 2.... more
English Abstract: Online dispute resolution (ODR) technologies are now increasingly used by courts, administrative agencies, companies and alternative dispute resolution (ADR) organizations to handle cases in various legal domains. Two... more
Le ragioni del recente interesse che il nostro paese sta dimostrando nei confronti delle procedure alternative per la risoluzione delle dispute 1 (o procedure Adr, acronimo anglosassone che sta per Alternative Dispute Resolution) sono... more
This paper is a product of the World Bank Group. The World Bank Group does not guarantee the accuracy of the data included in this work. The views expressed herein are those of the authors and do not necessarily represent the views of the... more
About TDM TDM (Transnational Dispute Management): Focusing on recent developments in the area of Investment arbitration and Dispute Management, regulation, treaties, judicial and arbitral cases, voluntary guidelines, tax and contracting.... more
Efforts at the University of Massachusetts at Amherst illustrate how academic programs such as Legal Studies can form the basis for conflict resolution in the local community as well as on campus. The study of conflict and its resolution... more
Dispute Review Boards (DRBs) are almost 40 years old, having first been used in the United States in 1975. It is therefore timely to assess whether they provide the mature judgement that can assist parties to manage conflicts and resolve... more
Cooper, Donna Maree <http://eprints.qut.edu.au/view/person/Cooper,_Donna.html> & Brandon, Mieke <http://eprints.qut.edu.au/view/person/Brandon,_Mieke.html> (2008) Non-adversarial advocates and gatekeepers : lawyers, FDR... more
A synthesis of English, Ge'ez, Amharic, Oromo, and the Hebrew Bible for the purpose of pursuing peace through scholarship.
The paper is a first critical analysis of the Prüm Convention on deepening transfrontier cooperation, amongst others in view of combating terrorism, transfrontier crime, and illegal migration, which was signed by Austria, Belgium, France,... more
In April 2010 the New Zealand Family Court introduced the National Early Intervention Process (NEIP) to diversify its previous unitary dispute resolution pathway into two tracks (standard and urgent). A "triage" model is now in use to... more
Territorial disputes, occasioned by colonialism in most if not all cases, remain a thorny issue in contemporary international relations. In the East China Sea (ECS), a portion of the Pacific Ocean, is a group of uninhabited islets and... more
The present paper analyzes the concept of ‘arbitrability’ in the context of construction disputes arising out of contracts with public authorities from a Bulgarian law perspective. What disputes are arbitrable under Bulgarian law? Are... more
Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question,... more
Imagine you are a party to mediation and you arrive at your mediation session only to be faced with an 800 pound gorilla, in a suit of course, who will be your mediator so you ask yourself, “Can a gorilla be a mediator?” This article... more
Transboundary river basins are under increasing pressure due to population growth, agricultural and industrial developments, and climate change, as well as river pollution. Water scarcity is on the increase due to the increasing gap... more