Consumer disputes and their nature are changing very fast every day. E-commerce is promoted by the all relevant stakeholders such as European Commission, consumers associations, competent institutions, and business sector in order to achieve the main present goal—consumer confidence in business and full functioning of the internal EU market. Here the third parties are important—trade partners from all over the word. There is no legal relation or actions between disputes and searching for the most convenient, fast, cheap and comfortable. Because (...) of that, this article sets out general views on online transactions and consumer protection in the context of e-commerce and possible online dispute resolution means. The authors of this article are chiefly concerned about legal uncertainty and the jurisdiction as well as applicable law in business-to-consumer (B2C) e-commerce. Online dispute resolution or in other words it is called the ODR is seen as a possibility to solve these barriers in dispute resolution using technology to facilitate the resolution of disputes between parties primarily involving negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution. However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process. (shrink)

In this paper we show how dialogue-based theories of argumentation can contribute to the construction of effective systems of dispute resolution. Specifically we consider the role of persuasion in online dispute resolution by showing how persuasion dialogues can be functionally embedded in negotiation dialogues, and how negotiation dialogues can shift to persuasion dialogues. We conclude with some remarks on how persuasion dialogues might be modelled is such a way as to allow them to be implemented (...) in a mechanical or computerized system of dialogue or dialogue management. (shrink)

Online dispute resolution (ODR) is an alternative to traditional litigation that can both significantly reduce the disadvantages suffered by litigants unable to afford an attorney and greatly improve court efficiency and economy. An important aspect of many ODR systems is a facilitator, a neutral party who guides the disputants through the steps of reaching an agreement. However, insufficient availability of facilitators impedes broad adoption of ODR systems. This paper describes a novel model of facilitation that integrates two (...) distinct but complementary knowledge sources: cognitive task analysis of facilitator behavior and corpus analysis of ODR session transcripts. This model is implemented in a decision-support system that (1) monitors cases to detect situations requiring immediate attention and (2) automates selection of standard text messages appropriate to the current state of the negotiations. This facilitation model has the potential to compensate for shortages of facilitators by improving the efficiency of experienced facilitators, assisting novice facilitators, and providing autonomous facilitation. (shrink)

This article examines the relationship between online dispute resolution (ODR) and trust. We discuss what trust is, why trust is important, and how trust develops. Our claim is that efforts to implement online dispute resolution on a site or service in a manner that promotes trust need to consider ODR as just one tool in a broader toolbox of trust-building tools and techniques. These techniques are amongst others marketing, education, trust seals, and transparency. By (...) evaluating ODR in its proper context as one component of a larger trust strategy, we can more accurately set expectations for its results and position our projects for success. (shrink)

Electronic commerce is important, and perhaps, inevitable. Thus, to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of Online Alternative (...) Dispute Resolution (OADR) can maximize the growth of e-commerce. (shrink)

International dispute resolution in general and international arbitration, in particular, is highly affected by the emergence and fast development of innovation-driven technologies. On the one hand, such technologies are cost and time-effective. To name a few, they allow online filing of a case, collecting of e-evidence and remote hearings, among others. On the other hand, they also may lead to some challenges that need to be addressed. The primary concerns comprise e-arbitration agreements and e-awards, as well as (...) cybersecurity and data protection. Therefore, this begs the question of whether such new technologies will significantly impact the dispute resolution landscape and thus become a game-changer therein. This analysis leads to the conclusion that the emergence of new technologies provides an opportunity to establish a long-lasting new standard for international arbitration. (shrink)

The perspective of online dispute resolution is to develop an online electronic system aimed at solving out-of-court disputes. Among ODR schemes, eMediation is becoming an important tool for encouraging the positive settlement of an agreement among litigants. The main motivation underlying the adoption of eMediation is the time/cost reduction for the resolution of disputes compared to the ordinary justice system. In the context of eMediation, a fundamental requirement that an ODR system should meet relates to (...) both litigants and mediators, i.e. to enable an informed negotiation by informing the parties about the rights and duties related to the case. In order to match this requirement, we propose an information retrieval system able to retrieve relevant court decisions with respect to the disputant case description. The proposed system combines machine learning and natural language processing techniques to better match disputant case descriptions with court decisions. Experimental results confirm the ability of the proposed solution to empower court decision retrieval, enabling therefore a well-informed eMediation process. (shrink)

Arbitration is a preferred method for the resolution of international business disputes. As of yet, most publications on online arbitration deal with legal issues. In this paper, we present an Online arbitration environment that we believe facilitates the participants in a meaningful way. Our assumption is that an ODR service should be easy to use (convenient), and at the same time provide meaningful support. More specifically we have paid attention to four criteria that we believe are important, (...) viz. simplicity, awareness, orientation and timeliness. The online arbitration service is called GearBi. (shrink)

The notion of validity fulfils a crucial role in legal theory. In the emerging Web 3.0, Semantic Web languages, legal ontologies, and normative multi-agent systems are designed to cover new regulatory needs. Conceptual models for complex regulatory systems shape the characteristic features of rules, norms, and principles in different ways. This article outlines one of such multilayered governance models, designed for the CAPER platform, and offers a definition of Semantic Web Regulatory Models . It distinguishes between normative-SWRM and institutional-SWRM. It (...) also compares existing principles in privacy by design, linked open data , legal information institutes , and online dispute resolution . The article concludes by proposing the notion of Relational Law to summarize the ethical dimension of SWRM. Ethics are the only regulatory way to constitute a global space, out of the jurisdictional public domain set by national, international, or transnational law, and opposed to the private one. (shrink)

Objective: To identify the frequency and nature of care conflict dilemmas that United States long-term care providers encounter, response strategies, and use of ethics resources to assist with dispute resolution. Design: An online cross-sectional survey was distributed to the Society for Post-Acute and Long-Term Care Medicine (AMDA). Results: Two-thirds of participants, primarily medical directors, have rejected surrogate instructions and 71% have managed family conflict. Conflict over treatment decisions and issues interpreting advance directives were frequently reported. Half of (...) facilities lack a formal dispute mediation policy. Only five respondents have called an ethics consult for assistance. Conclusion: Ethically tense care conflicts commonly arise in long-term and post-acute care facilities. Few facility procedures incorporate ethics resources into actual practice. Recommendations are made to create actionable policy, increase access to ethics services, and support staff skill development in order to improve the end-of-life care experiences for patients, families, and care facility staff. (shrink)

The Covid-19 pandemic disrupted in-person dispute resolution proceedings, leading to the rapid adoption of digital technologies for remote hearings in international arbitration. The use of these technologies has opened up new possibilities for enhancing procedures, improving efficiency, and streamlining processes. However, it also raises concerns about transparency and authenticity in virtual hearings. This paper explores the impact of digital technologies on the semiotics of law and legal communication in international arbitration, considering the intersections between new technologies and persuasion. (...) Based on practices like the use of e-evidence, debates surrounding remote hearings, and the formulation of standards for stakeholders’ behavior, the study takes a practice-based approach, exploring cognitive processes, such as memory and attention, and their influence on the behavior of counsel, arbitrators, and witnesses in remote hearings. It highlights the key issues, findings, challenges, and future research opportunities arising from the introduction of digital technologies in this field, including considerations on how stakeholders of a virtual hearings are affected by the unique features of the digital environment. (shrink)

Land is a constitutional issue in Ethiopia. Article 40 of the FDRE constitution enshrines governing provisions about rural and urban land. Legislation power is given to the federal government (Article 51(5) of the constitution) although this power can be delegated to regions (Article 50(9) of the same constitution). In contrast, administration power is allocated to regions (Article 52 (2(d)) of the constitution). The federal government has enacted the Rural Land Administration and Use Proclamation 456/2005. Both federal and regional land laws (...) have Alternative Dispute Resolution clauses. However, the opportunities and challenges of these clauses from the access to justice perspective are not studied very well. The main objective of this paper is to assess the legal framework and practice of ADR mechanisms in the rural land administration system from the access to justice perspective and come up with a policy option. Doctrinal type of legal research is applied where it involves theory testing which deals with studying existing laws (both federal and regional laws). In addition, both primary and secondary sources have been used. Primary qualitative data was collected through semi-structured interviews. The study found that there are legal constraints. One significant legal constraint is the requirement for mandatory mediation in certain regional states before seeking recourse in a court of law. Mediation is not clearly and uniformly applied per the law and in practice (often the practice and legal framework confuse mediation with arbitration, inappropriately giving decision-making powers to mediators, and turning them into arbiters). Women and Vulnerable Groups are generally more negatively affected by the overreaching of mediators into decision-making, because the mediators are more easily influenced by the party opposing women and Vulnerable Groups, and/or the mediators are culturally biased. This study recommends that mediation should be made optional, where mediators are chosen by the parties and the legal framework is clear that the role of the mediators does not involve imposing decisions. For Oromia and SNNPR, the legal regime of mediation should be clarified to avoid confusion with the arbitration. It is necessary to train community-level mediators in the law and the protection of land rights of Vulnerable Groups against gender discrimination. (shrink)

Financial services have a very significant impact on and meaning to the daily life and welfare of consumers. The spectrum of these types of services is very broad, and their regulation is also changing both at EU and national (Member State) level. In order to implement the main or the most relevant EU level goals, such as high level consumer rights protection, consumer trust in business sector, proper and effective functioning of the EU internal market it is essential to ensure (...) clear and sufficient legal regulation, establish responsibility of the services providers, consumer rights and duties as well as promote, seek for the more effective, faster and cheaper ways of solving consumer and business sector disputes. The authors of this article support the idea that the abovementioned goals can be achieved by close and more fruitful cooperation between the EU and national competent authorities, participation in various ad hoc expert working groups, committees or EUwide networks, such as FIN-NET. This article reflects general ideas about the problems arising in the financial consumer services sector, the activity of the EU and national institutions, seeking to ensure fair and transparent provision of such services to consumers, analysis of alternative dispute resolution (hereinafter – the ADR) methods and the good practice of their application in the EU Member States. This article highly supports the application of alternative, nonjudicial procedures and broader application of the means of selfregulation, such as codes of conduct. (shrink)

Energy services have a particularly significant impact on the daily life and welfare of consumers. The importance of such services is high, and their regulation is also changing both at the EU and Member States level, especially after the adoption of the Third Energy Package1, which is focused on improving the operation of retail markets to yield real benefits for both electricity and gas consumers. In order to implement the main or the most relevant goal of the EU, such as (...) high level of consumer rights protection, resulting in consumer trust in business sector, proper and effective functioning of the EU internal market etc., it is essential to ensure clear and sufficient legal regulation, establish responsibility of the services providers, consumer rights and duties as well as promote more effective, faster and cheaper ways of solving consumer and business disputes. The authors of this article feel the lack of scientific analysis on this issue. Despite its importance, discussions take place at political or practical level, but no recent analyses exist as to why energy services sector is so fragmented and how it affects different conditions or rights of consumers in various Member States. This article also clearly supports the idea that the above-mentioned goals can be achieved by close and more fruitful cooperation between the EU and national competent authorities, participation in various ad hoc expert working groups and committees, such as the Vulnerable Consumers Working Group. This article reflects general ideas about the problems arising in the energy consumer services sector, the activity of the EU and national institutions, seeking to ensure fair and transparent provision of such services to consumers, it also contains an analysis of alternative dispute resolution (hereinafter – the ADR) methods and good practice of their application in the EU Member States. This article highly supports the application of alternative procedures in the field of energy services and sees them as a possibility to minimise increasing consumer problems, e.g. a new phenomenon – consumer energy poverty in the EU, which is defined as the situation where a household is unable to access a socially and materially necessitated level of energy services at home and pay for the provided services. (shrink)

Alternative dispute resolution (ADR) is a collective noun for all kinds of alternative methods to formal dispute resolution. Business ethics attempts to theorize the different forms of normative coordination of corporate acts that remain within the lifeworld and outside the formal sphere of the legal system. In this context, business ethics could offer a positive approach to ADR, as ADR would be an effective, practical form of casuistry ethics. In this manner, concrete conflicts of interest and (...) disagreements between economic actors could be resolved based on moral intentions and moral validity claims. This approach of ADR through business ethics is confirmed by many articles in business ethical journals. In two important aspects, namely justice and autonomy, law is contrary to ethics. ADR lacks exactly these ethical characteristics; thus the idea that ADR belongs to the discourse of business ethics is misleading. This article will argue that ADR is not in the realm of the ethical, but in the realm of the legal. This critical analysis of ADR will show a deeper dimension in the relationship between business ethics and law, namely the systematic colonization of ethical methods by law. (shrink)

(1991). Alternative dispute resolution and social science. Social Epistemology: Vol. 5, Social epistemology of the law, pp. 26-29. doi: 10.1080/02691729108578594.

Speed, flexibility, negotiated control of outcomes, savings and absence of future enmity. Why lose all this in litigation when a new user‐friendly alternative is on the increase? The author is Chief Executive of the Centre for Dispute Resolution , 7 St. Katharine's Way, London E1 9LB, and Special Professor in ADR in the University of Birmingham, England.

“Any bad settlement,” the wise patent litigator Elmer S. Albritton once observed, “is better than a good lawsuit.” Given the notorious strain of court proceedings and the recognition that settlement does not always prove attainable, a popular movement has recently arisen in favor of “alternative dispute resolution” . Indeed it has seemed to many who have participated as committee members, witnesses, or respondents in scientific misconduct cases that there ought to be some method of resolving such matters that (...) is less vexing than traditional adjudication. (shrink)

This article introduces the concept of alternate dispute resolution, and discusses its baseline measure and comparison process. Empirical research on ADR falls into two categories, empirically descriptive work and empirically comparative work. Litigation varies across legal systems and changes through time, just as does ADR. Many studies have documented and described patterns of uses of particular forms of dispute resolution. These studies are designed to explore variations of behavior or outcomes within a particular process. Several commentators (...) have observed that formal litigation and various forms of ADR, such as, mediation, private adjudication-arbitration, and other hybrid forms compete with and affect each other. Recent extensions of ADR suggest that the domain of dispute-resolution research is far more capacious than assessing how disputes are managed in lawsuits or courts. (shrink)

Alternative dispute resolution occurs outside the litigation process. The alternative dispute resolution (ADR) movement in North America has emphasized viable alternatives to the litigation framework, such as arbitration, mediation, med-arb, multi-party facilitation, non-legal negotiation, mini-trials, administrative hearings, private judging (“renta-judge”), fact finding, and moderated settlement conferences. This essay addresses argument in the dominant alternatives: arbitration, mediation, and multi-party facilitation. Prior to comparing argument in these ADR systems, each will be briefly described.

The purpose of this paper is to integrate and analyze the research findings of previous studies dealing both directly and tangentially with the strategic ethical issues involved in alternative dispute resolution procedures and systems found in nonunion employment. Particular attention will be given to one of the most significant issues in this area at the operating and tactical level of individual companies: the procedural techniques with respect to the processing of the complaints and grievances of employees in nonunion (...) companies and firms. The paper concludes with policy recommendations for managers and recommendations for future research. (shrink)

The purpose of this article is to examine the feasibility and working of the conciliatory means for settlement of intellectual property disputes in Jordan. Arbitration is the principal mechanism used.

In 2018, three journalists accused one of the Members of the Russian Parliament of harassment at workplace. Many influential persons of the Russian elite engaged themselves in the public discussion of the conflict. We studied that high-profiled discussion using a hybrid method merging human- and logic-oriented approaches in argumentation studies. The method develops ideas of the new dialectics, the argumentation logic and the logical-cognitive approach to argumentation, on which is based the algorithm for determining of dispute resolution by (...) aggregating formal and informal tools of analysis. We have reconstructed the discussion as two disputes about questions A and B. A: Did the MP violate the code of conduct by making statements or actions against the journalists? B: Are actions like the behavior of the MP harassment? The opinions of the discussion participants were grouped into the four points of view: A1 – the MP did not violate the code of conduct, A2 – the MP violated the code of conduct, B3 – the actions are not harassment, B4 – the actions are harassment. We mapped arguments in support or against each of them using OVA software, evaluated the arguments with the help of the critical questions, a tool proposed in the new dialectics, and determined the ultimate A + B resolution by applying of the algorithm that combines elements of gradual and labelling semantics from the argumentation logic and the classification of disputes from the dialectical approaches. The resolution was a subset of four arguments that ensured the victory of A1+B4. However, the substantial incompatibility of those arguments highlighted a deep disagreement, an unresolvable difference of opinion, between the parties about the permissibility of courtship. The deep disagreement, a bonus result yielded by the application of the hybrid method, excluded the interpretation of the determined resolution as convincing for the parties, but pointed out a way to smooth the difference of opinions by elaborating of legal, social and moral aspects of the problem of harassment at workplace. (shrink)

The frustration in Polish society arising from excessive costs of conducting court proceedings and lengthy delays for dispute resolution has resulted in a genuine limitation in access to judicial justice for citizens. This paper argues that the answer to the dilemma between ensuring both justice and efficiency lies in language being a tool for the active participation of the parties in building mutual trust and shaping solutions in conflictual circumstances. How should the postulate of effective communication leading to (...) dispute resolution in modern justice be achieved? The authors present the advantages of oral communication in proceedings on the way to finding agreement, pointing out the content and quality of language that make dispute resolution possible. (shrink)

Freedom of association for trade union has been generally accepted as part of basic human rights in Islam. Freedom of association, which include the right to join and participate in trade union activities, can be susceptible to disputes between employers and employees as well as trade unions. Islam provides freedom of association in labour relations and also mechanisms to settle disputes pertaining to such freedom. Conciliation (sulh) and arbitration (tahkim) are both used methods in the inception of Islam, which have (...) similarities with the modern sense. We shall discuss in this article the right to dispute resolution between employers and trade unions in the context of freedom of association in labour relations as based on Shari’ah law and using modern legal systems of Islamic countries such as Iran, Malaysia and Saudi Arabia as examples. (shrink)

Out-of-court proceedings or alternative dispute resolution (ADR) is a peaceful, voluntary alternative method for settling disputes without litigation in the court. ADR institutions usually use a third party to help the consumer and the trader reach a solution. The main purpose of this article is to share the main insights and experience about the out-of-court proceedings in various countries and present main trends of ADR development. First of all, in this article, ADR is presented and its main advantages (...) or disadvantages, main reasons of its origin are outlined. For example, ADR institutions are indeed a low-cost and quick alternative for consumers to settle disputes with businesses. These are the main reasons why ADR originated and developed so fast in the United States of America. Secondly, it is important to analyse various definitions used to describe ADR and its characteristics, because it is a very complicated and complex phenomenon. ADR and the principle of legal accessibility are also very closely related issues which are deeply analysed in this article. (shrink)

Cutting a cake, dividing up the property in an estate, determining the borders in an international dispute - such problems of fair division are ubiquitous. Fair Division treats all these problems and many more through a rigorous analysis of a variety of procedures for allocating goods, or deciding who wins on what issues, when there are disputes. Starting with an analysis of the well-known cake-cutting procedure, 'I cut, you choose', the authors show how it has been adapted in a (...) number of fields and then analyze fair-division procedures applicable to situations in which there are more than two parties, or there is more than one good to be divided. In particular they focus on procedures which provide 'envy-free' allocations, in which everybody thinks he or she has received the largest portion and hence does not envy anybody else. They also discuss the fairness of different auction and election procedures. (shrink)

British courts have adjudicated dozens of medical futility disputes over the past 10 years. Many of these cases have involved pediatric patients. All these judgements are publicly available in searchable legal reporters. And most were covered by the print or broadcast media.1 Yet, as noted by Dressler, none of these earlier cases received even a fraction of the public or scholarly attention that Charlie Gard has received. One might assess the Gard case from two different perspectives. At one level, the (...) Gard case is not unique. It is merely the n+1 medical futility dispute decided by the British courts. Admittedly, the Gard case has a much higher profile than earlier cases. But it announced no new rules or principles. It merely focused a spotlight on an already well-established process for resolving medical futility disputes. However, from another perspective, the Gard case is distinctive in at least five ways from other medical futility cases decided by the British courts. Because these unique features illustrate the limits or weaknesses of current rules and principles, they allude to potential improvements in the dispute resolution process. The papers in this special issue offer many valuable suggestions. After identifying the five unique features of the Gard case, I focus on the most prevalent two questions. Are courts the best forum for resolving these disputes? Is the best interest standard the right test for determining the limits of surrogate decision-making authority? Because the British courts have so many publicly available judgements in medical futility cases, it is possible to identify five distinctive features in the Gard case. First, Charlie’s parents were not asking GOSH clinicians to continue treating Charlie against either their professional judgement or against their personal beliefs. Instead, Charlie’s parents wanted to transfer him to another hospital that was willing …. (shrink)

For any type of institutionalized dispute resolution, legitimacy is a crucial characteristic, as legitimate dispute resolution promotes, for instance, general trust in state institutions and participation in economic activity. A lack of legitimacy will prevent the acceptance of dispute resolution, and thereby its use. Although many textbook definitions limit the meaning of legitimacy to legality, in its every-day use legitimacy is in fact a much broader concept. It encompasses different criteria relating to the nature (...) of dispute resolution: is a form of dispute resolution properly embedded in a reliable institutional environment?, and: are its outcomes properly underpinned? Virtualization concerns the ways in which information and communication technologies affect administration, communication, accessibility and assessment. As an example of virtualization in dispute resolution, a scenario about on-line feedback is scrutinized. This scenario comprises the implementation of a feedback system to enable participants in an instance of dispute resolution to comment on various aspects of the dispute resolving process. (shrink)

For any type of institutionalized dispute resolution, legitimacy is a crucial characteristic, as legitimate dispute resolution promotes, for instance, general trust in state institutions and participation in economic activity. A lack of legitimacy will prevent the acceptance of dispute resolution, and thereby its use. Although many textbook definitions limit the meaning of legitimacy to legality, in its every-day use legitimacy is in fact a much broader concept. It encompasses different criteria relating to the nature (...) of dispute resolution: is a form of dispute resolution properly embedded in a reliable institutional environment?, and: are its outcomes properly underpinned? Virtualization concerns the ways in which information and communication technologies affect administration, communication, accessibility and assessment. As an example of virtualization in dispute resolution, a scenario about on-line feedback is scrutinized. This scenario comprises the implementation of a feedback system to enable participants in an instance of dispute resolution to comment on various aspects of the dispute resolving process. (shrink)

Mediation is a process in which two parties agree to resolve their dispute by negotiating over alternative solutions presented by a mediator. In order to construct such solutions, the mediator brings more information and knowledge, and, if possible, resources to the negotiation table. In order to do so, the mediator faces the challenge of determining which information is relevant to the current problem, given a vast database of knowledge. The contribution of this paper is the automated mediation machinery to (...) resolve this issue. We define the concept of a Mediation Problem and show how it can be described in Game Description Language. Furthermore, we present an algorithm that allows the mediator to efficiently determine which information is relevant to the problem and collect this information from the negotiating agents. We show with several experiments that this algorithm is much more efficient than the naive solution that simply takes all available knowledge into account. (shrink)

The characteristics of environmental disputes are such that dispute resolution approaches are not always successful. This was highlighted in recent attempts to resolve disputes related to the introduction of the Native Vegetation Conservation Act 1997 in New South Wales . Critical discourse analysis of stakeholder narratives is a technique that could be used for conflict scoping and assessment, allowing mediators or policy makers to better prepare themselves for dispute resolution processes. Media releases of the Nature Conservation (...) Council and the NSW Farmers' Association on native vegetation issues were analysed using this technique. The results show how insights into the underlying assumptions, positions, interests, value judgements and strategies of stakeholders can be obtained. This information can be used to aid the dispute resolution process by identifying misunderstandings and misconceptions, enhancing mutual understanding, appropriate integration of science and technical information and tracking changes in the dispute. (shrink)

This article considers the relationship between the interests of individual litigants and the facilitation of doctrine for the collective good. More specifically, it examines the extent to which the policy and rules governing the management of civil litigation reflect a genuine commitment to the development of the common law. It is argued that litigation models in England send out conflicting messages about the commitment our society has to nurturing precedents and that we remain ambivalent about whether resources should be directed (...) to identifying cases with precedent-setting potential. Contrary to recent policy statements that encourage disputants to resolve issues in private forums such as mediation, this article concludes that the time is ripe to turn our attention to the equally important issue of how to ensure that certain types of cases reach a public forum. (shrink)

Despite tributes paid to Fuller as an intellectual father of ADR, little attention has been paid within the ADR field to the broader interactionist vision that underlies Fuller’s discussion about process. A closer reading of Fuller’s study of mediation, however, reveals that he intended that study to substantiate his interactionist thesis about the nature of social ordering. He understood ordering to be generated by and to reflect a particular experience of social interaction. Fuller’s interactionist vision recognizes the creative, choice-making and (...) purposive dimensions of human reality, emphasizes participation as a normative criterion for institutional design, and gives rise to a pluralistic notion of power arrangements. It appears in Fuller’s thinking about process as a kind of dialectic and integrative mindset that pervades his means-ends analysis, functional analytical approach and his emphasis on institutional design. This interactionist vision has particular relevance for the practice and research of ADR, for example, in helping to develop a more integrative approach to process pluralism. (shrink)

Under the WTO’s dispute settlement procedures, a party that has been injured by a scofflaw state’s failure to comply with its trade obligations may retaliate against the scofflaw state by withdrawing equivalent trade concessions. Legal and economic commentators generally view retaliation as an economically perverse strategy for enforcing freetrade norms. This Article explores an alternative explanation, arguing that retaliation may provide the optimal enforcement mechanism for trade liberalization given the prevalence of low compliance incentives and high enforcement costs in (...) international cooperation agreements. The Article argues that retaliation is superior to other remedial options because it enables an injured state to inflict maximum political costs on the scofflaw state by mobilizing powerful export groups in the scofflaw state against protectionist policies. Furthermore, this Article shows how the presence of significant protectionist groups in the injured state, which stand to benefit from retaliatory measures, also improves the injured state’s ability to commit to retaliation. Even if states have asymmetric preferences about protectionist policies, retaliation threats can still be credible since there is uncertainty about each state’s retaliation costs. Finally, the Article concludes that contrary to the conventional wisdom, the substantial role of uncertainty in this model indicates that specific performance, and not compensation, ought to be the goal of the WTO’s enforcement mechanism. (shrink)

One day in the year 1274, Giuntino Jacobi appeared at the church of Santo Stefano in Quarrata. According to the notarial contract in the register of Ildebrandino d'Accatto, Giuntino was already seething with rage when he arrived at the sanctuary. When he then tried to force his way into the church, the presbyter Donato refused him access by slamming the door in his face. There is little doubt that Donato felt threatened, as he very quickly set about raising the hue (...) and cry by sounding the church bell and calling out for help. Meanwhile Giuntino, in a gesture portending Khrushchev's more famous one, took off his shoe and began pounding on the church door until a group of local men arrived and carted him away. Donato lost no time in denouncing the shoe-thumping Giuntino to the court of the podestà. When Giuntino absented himself from court, he was fined 200 fiorini piccoli, declared contumacious, and by order of the General Council banished from the commune of Florence and its territories. Thanks to the institution of the peace agreement, this story has an unexpected ending. Six months later, Donato and Giuntino stood before a notary and three witnesses in the church of Sant'Angelo di Quarrata and reconciled their differences. Their dispute was settled with the kiss of peace. The written witness—the peace agreement—was duly registered in the notarial protocol of Ildebrandino d'Accatto. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2017 Heft: 216 Seiten: 317-337.

This article considers the exercise of statutory power by an Australian university, in the state of Victoria, when undertaking commercial activities that impact negatively on a local commun...