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Upcoming Events

Horizons: Conversations About Future Directions in Dispute Resolution

Thursday, January 29, 2015
5:00 – 9:00 PM | TBD

Friday, January 30,  2015
8:30 AM – 4:00 PM | TBD

 

124 – Comparisons: Cross-Cultural

ARTICLES

Eduardo R. C. Capulong, Mediation and the Neocolonial Legal Order: Access to Justice and Self-Determination in the Philippines, 27 Ohio St. J. on Disp. Resol. 641 (2012).
This article analyzes postcolonial community mediation using community mediation in the Philippines as an example. The author argues that access to justice and self-determination in postcolonial community mediation settings require structural reform and counter-hegemonic practices driven by a normative agenda that collectives and socializes conflict, respects and improves upon indigenous dispute resolution, and recognizes fundamental human rights.
{21} MEDIATION—GENERAL
{77} SUBJ MATTER: COMMUNITY
{124} COMPARISONS: CROSS-CULTURAL
 
Luisa Corazza, In Search of Industrial Self-Regulation or Efficient Settlement of Employment Disputes? The Case of Italian Arbitration Reform, 33 Comp. Lab. L. & Pol’y J. 235 (2012).
In this article on Italian arbitration reform, the author delves into the reasons why the Italian legal system has been reluctant to expand, or at least reform, the country’s arbitration procedures.  The author explores these hesitations within the Italian context and then compares the Italian arbitration process to the rest of Europe and the United States.
{44} ARBITRATION—GENERAL
{92} SUBJ MATTER: IN’TL
{124} COMPARISONS: CROSS-CULTURAL
 
Matthew Dimick, Labor Law, New Governance, and The Ghent System, 90 N.C. L. Rev. 319 (2012).
This article discusses a governance alternative for employers and unions known as the Ghent system. This appears to be a system that attempts to strengthen the working relationship between unions and employers and improve the bargaining between the two groups. It does have a focus on employer insurance and work place benefits, among other things.
{1} NEGOTIATION—GENERAL
{93} SUBJ MATTER: LABOR—GENERAL
{124} COMPARISONS: CROSS-CULTURAL

Nathan Snyder, Putting Numbers to Feelings: Intellectual Property Rights Enforcement in China’s Courts–Evidence from Zhejiang Province Trademark Infringement Cases 2004-2009, 10 Nw. J. Tech. & Intell. Prop. 349 (2012).
This article address the growing trend in a particular province in China towards settling trademark disputes outside of adjudication. The author’s research notes a trend toward settling trademark disputes via mediation.
{21} MEDIATION—GENERAL
{92} SUBJ MATTER: INT’L
{124} COMPARISONS: CROSS-CULTURAL

S.I. Strong, Resolving Mass Legal Disputes through Class Arbitration: the United States and Canada Compared, 37 N.C.J. Int’l L. & Com. Reg. 921 (2012).
This article discusses the use of the controversial dispute resolution process of class arbitration. The author does a cultural comparison of how the courts in the U.S. and Canada handle this ADR system.
{44} ARBITRATION—GENERAL
{114} 3D PARTY: PRACTICE OF LAW
{124} COMPARISONS: CROSS CULTURAL

Elizabeth Varner, Arbitrating Cultural Property Disputes, 13 Cardozo J. Conflict Resol. 477 (2012).
This article explores issues that an arbitration agreement should address to facilitate resolution of cultural property disputes and further explains how parties can tailor arbitration agreements for maximum benefit in cultural property disputes. The article further explains how parties can lower expenses through the use of arbitration agreements as well as the contents of said agreements.
{44} ARBITRATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{124} COMPARISONS: CROSS-CULTURAL

BOOKS

Richard R. Gesteland, Cross-Cultural Business Behavior: A Guide for Global Management (2012).
This book provides guidance for international and cross-cultural negotiations, focusing not only on communication and negotiation, but also providing guidance on managing international operations. The author includes cultural negotiation profiles, cases, and examples to illustrate differences in cross-cultural negotiation behavior.
{1}  NEGOTIATION—GENERAL
{92} SUBJ MATTER: INT’L
{124} COMPARISONS: CROSS-CULTURAL