In troubled societies narratives about the past tend to be partial and explain a conflict from narrow perspectives that justify the national self and condemn, exclude and devalue the 'enemy' and ...their narrative. Through a detailed analysis, Teaching Contested Narratives reveals the works of identity, historical narratives and memory as these are enacted in classroom dialogues, canonical texts and school ceremonies. Presenting ethnographic data from local contexts in Cyprus and Israel, and demonstrating the relevance to educational settings in countries which suffer from conflicts all over the world, the authors explore the challenges of teaching narratives about the past in such societies, discuss how historical trauma and suffering are dealt with in the context of teaching, and highlight the potential of pedagogical interventions for reconciliation. The book shows how the notions of identity, memory and reconciliation can perpetuate or challenge attachments to essentialized ideas about peace and conflict.
Alternative dispute resolution has now supplanted litigation as the principal method of dispute resolution. This overview of dispute resolution addresses practical developments in areas such as ...family law, plea bargaining, industrial relations and torts. The authors elaborate on the necessary legal safeguards that should be taken into account when developing technology-enhanced dispute resolution and explore a wide range of potential applications for new information technologies in dispute resolution.
Consumer ADR in Europe Hodges, Christopher; Benöhr, Iris; Creutzfeldt-Banda, Naomi
2012, 2012., 2012-05-10, 20120101
eBook
This is the first systematic comparative study into how consumer ADR systems (usually ombudsmen and médiateurs) work, the differing national architectures within which they operate and how they can ...be improved. It describes ADR schemes in Belgium, France, Germany, Lithuania, the Netherlands, Poland, Slovenia, Spain, Sweden and the United Kingdom as well as emerging pan-EU dispute resolution schemes. Use of the techniques of mediation, conciliation and adjudication are noted. It also covers EU measures on consumer ADR, and 2011 proposals for legislation on ADR and ODR. Data on volumes, cost and duration of ADR schemes are compared, both between different systems and with courts. The authors’ findings underpin EU and national developments, and outline options for future policy. Findings and proposals are included for the functions, scope, performance, essential requirements, architecture and operation of ADR systems. The relationships between ADR, courts and regulators are discussed, and need for reforms are noted. This is a ground-breaking work that will have a major impact on European legal systems.
Forced remote arbitration David Horton
Cornell law review,
12/2022, Letnik:
108, Številka:
1
Journal Article
Recenzirano
Courts responded to COVID-19 by going remote. In early 2020, as lockdown orders swept through the country, virtual hearings-which once were rare-became common. This shift generated fierce debate ...about how video trials differ from in person proceedings. Now, though, most courts have reopened, and the future of remote trials is unclear.
However, the pandemic also prompted a sea change in alternative dispute resolution. Arbitration providers pivoted away from in-person adjudication and heard cases online. Yet unlike virtual trials, which coexist uneasily with norms in the court system, remote hearings fit snugly within arbitration's tradition of procedural and evidentiary informality. Thus, while virtual trials may prove to be temporary, virtual arbitration is gaining steam. Online-only arbitration startups have emerged, established providers are marketing their virtual options, and businesses are mandating that plaintiffs resolve disputes without setting foot in the same room as the decision-maker. This trend threatens to make the controversial topic of forced arbitration even more fraught. Nevertheless, we do not know how remote procedures impact win rates, case length, and arbitration fees.
This Article shines light on these issues by conducting an empirical study of forced remote arbitration. It analyzes 70,150 recent filings and reaches three main conclusions. First, from July 2020 to November 2021, roughly 67% of all evidentiary hearings were held virtually. Even though this figure will likely decline as the pandemic recedes, online arbitration has become entrenched. Second, plaintiffs who participated in virtual proceedings generally won less often and recovered lower damage awards than individuals who arbitrated in person. This "remote penalty" exists in some settings even after controlling for variables such as claim type, pro se status, and the experience of the defendant, the lawyers, and the arbitrators. Third, even though proponents of forced remote arbitration contend that it streamlines cases, the data only partially support this claim. Some remote modes, such as documents-only proceedings, seem to save time and money, while others, like video hearings, do not. Finally, the Article explains how its findings can help lawmakers and Judges regulate and monitor forced remote arbitration.
Unraveling the intricacies through legal (IL) and political (IR) lenses, this groundbreaking work offers insights and proposes innovative legal solutions tested against the backdrop of shifting power ...dynamics in the South China Sea.
E-commerce offers immense challenges to traditional dispute resolution methods, as it entails parties often located in different parts of the world making contracts with each other at the click of a ...mouse. The use of traditional litigation for disputes arising in this forum is often inconvenient, impractical, time-consuming and expensive due to the low value of the transactions and the physical distance between the parties. Thus modern legal systems face a crucial choice: either to adopt traditional dispute resolution methods that have served the legal systems well for hundreds of years or to find new methods which are better suited to a world not anchored in territorial borders. Online Dispute Resolution (ODR), originally an off-shoot of Alternative Dispute Resolution (ADR), takes advantage of the speed and convenience of the Internet, becoming the best, and often the only option for enhancing consumer redress and strengthening their trust in e-commerce. This book provides an in-depth account of the potential of ODR for European consumers, offering a comprehensive and up to date analysis of the development of ODR. It considers the current expansion of ODR and evaluates the challenges posed in its growth. The book proposes the creation of legal standards to close the gap between the potential of ODR services and their actual use, arguing that ODR, if it is to realise its full potential in the resolution of e-commerce disputes and in the enforcement of consumer rights, must be grounded firmly on a European regulatory model. Introduction 1. Consumer Protection and Access to Justice in the E-Commerce Era: A European Perspective 2. Online Dispute Resolution as a Consumer Redress Strategy 3. Consumer Adjudicative Processes Supported by ICT: Court Processes and Arbitration 4. Online Mediation for Consumers: The Way Forward 5. The Need for a Legal Framework to Develop Consumer ODR in the EU
When Online Dispute Resolution (ODR) was developed in 1996; it focused primarily on disputes that originated online. The belief was that disputes that originated on the web could be easily resolved ...via the internet. More recently, however, ODR has expanded its focus to non-financial disputes and disputes that do not originate online. The legal community has recognized the potential for ODR to enhance and facilitate access to justice.
Jodi Plenert (JP): Well, first off, hi Greg! Nice to meet you. Greg Evans (GE): Nice to meet you, Jodi.
JP: To start, I was hoping you could give a brief overview of your practice at Evans Family ...Law, just to kind of set the stage.
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