American Arbitration: Its History, Functions and Achievements
In: International affairs, Band 26, Heft 3, S. 449-449
ISSN: 1468-2346
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In: International affairs, Band 26, Heft 3, S. 449-449
ISSN: 1468-2346
In: Weixia Gu, Dispute Resolution in China: Litigation, Arbitration, Mediation and their Interactions (London, New York: Routledge, 2021).
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In: Conflict Prevention in Project Management, S. 99-124
In: Civil wars, Band 14, Heft 3, S. 297-323
ISSN: 1369-8249
World Affairs Online
In: Mediation quarterly: journal of the Academy of Family Mediators, Band 1984, Heft 5, S. 53-63
AbstractWhat is the typical range of arbitration and mediation services available?
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Working paper
In: in : Niels Blokker, Daniëlla Dam and Vid Prislan (eds.) Liber Amicorum Nico Schrijver (Leiden: Brill, 2020)
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In: Fordham International Law Journal, Band 36
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In: Human relations: towards the integration of the social sciences, Band 75, Heft 4, S. 764-791
ISSN: 1573-9716, 1741-282X
Mediation is a widely used form of third-party conflict management for which research has primarily focused on the role of mediators. But how are the relations between disputing parties constituted in communication involving written texts, such as official letters or medical reports, during mediation sessions? To gain deeper insight into the communicative dynamics through which third-party disputes are created, sustained, and resolved, this article proposes a new theoretical perspective on mediation that illuminates how human beings and written texts can act as vectors for each other, i.e., how they can make important differences in mediation sessions because they carry or convey what someone or something else is saying, doing, thinking, or feeling and, thus, contribute to composing the nature of disputants' relations. The value of this vectorial perspective on mediation is subsequently demonstrated through an inductive analysis of video-recorded sessions that took place at an administrative tribunal in Canada. By showing how texts (or their absence) can act as (1) conjunctive vectors that contribute to highlighting disputants' compatibilities and help them find common ground, or (2) disjunctive vectors that contribute to highlighting their incompatibilities and obstruct their dispute resolution, this article advances the academic and professional literature on the role of communication in conflict mediation work, and reveals significant implications for the study and practice of conflict management in organizations as well as scholarship on relational ontologies.
Mediation is a widely used form of third-party conflict management for which research has primarily focused on the role of mediators. But how are the relations between disputing parties constituted in communication involving written texts, such as official letters or medical reports, during mediation sessions? To gain deeper insight into the communicative dynamics through which third-party disputes are created, sustained, and resolved, this article proposes a new theoretical perspective on mediation that illuminates how human beings and written texts can act as vectors for each other, i.e., how they can make important differences in mediation sessions because they carry or convey what someone or something else is saying, doing, thinking, or feeling and, thus, contribute to composing the nature of disputants' relations. The value of this vectorial perspective on mediation is subsequently demonstrated through an inductive analysis of video-recorded sessions that took place at an administrative tribunal in Canada. By showing how texts (or their absence) can act as (1) conjunctive vectors that contribute to highlighting disputants' compatibilities and help them find common ground, or (2) disjunctive vectors that contribute to highlighting their incompatibilities and obstruct their dispute resolution, this article advances the academic and professional literature on the role of communication in conflict mediation work, and reveals significant implications for the study and practice of conflict management in organizations as well as scholarship on relational ontologies.
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In: American journal of international law: AJIL, Band 5, Heft 4, S. 934-957
ISSN: 2161-7953
It has always been urged, both by sceptics and by believers, that the test of the practicability of international arbitration stands on the question of sanctions. And yet, by a striking inconsistency, the same authors who agree on the primordial importance of this problem have constantly failed to resolve it. In fact they have hardly ever attempted to explain its terms.In spite of my reluctance to quote my own work, I am obliged to say that the only book ever devoted to this one great problem was my comprehensive treatise on " Sanctions of International Arbitration," the French edition of which appeared in 1905, with a preface by Baron d'Estournelles de Constant. President Roosevelt, whose great energies and high statesmanship were then devoted both to the negotiations of the Peace of Portsmouth and to the preparation of the program of the Second Hague Conference, courteously permitted me to dedicate the book to him, and therefore I dare say that, though the study of all the great European authors who, since Grotius, have led the way to the present state of international law was my constant guide, I did not lack of American inspiration.
In: International Journal of Conflict Management, Band 1, Heft 4, S. 357-373
This paper evaluates juvenile delinquency mediation in the West German judicial system. It describes three programs which spearheaded mediation in Germany. The evaluation concentrates on the influence of program organization and implementation on effectiveness of mediation. First, results from four studies that evaluate the oldest of these programs are reported. These studies deal with (a) the number of cases suited to mediation, (b) the actual amount of mediation, (c) the practicability of mediation as judged by program experts, and (d) the acceptance of mediation by victims and offenders. Second, a comparative analysis of all three programs is presented focusing on (a) program goals and (b) impact of implementation on the preselection of cases and the role of the mediator. An overall evaluation shows that media‐tion is an effective means of conflict management beyond petty offense; recommendations of the police proved helpful in selecting cases for mediation; the complexity of conflicts suggests a special training for mediators.
In: Optimum. Studia Ekonomiczne, Heft 5(83), S. 149-160
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