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Articles:
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The Promise and Reality of Online Dispute Resolution in Australia
It is clear that Online Dispute Resolution (ODR) has grown significantly in response to local and international factors within Australia over the past decade. This growth is partly attributable to a healthy Alternative Dispute Resolution (ADR) environment within Australia. The use of ADR in Australia is widespread and all Courts and Tribunals now have the power to mandatorily refer disputes to ADR processes. |
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Online Dispute Resolution in Asia
This chapter shall be divided into three parts; each part shall be devoted to assess the status quo of ODR in one of the three distinguished states, China, India and Japan, which have three of the highest Internet and mobile phone usage rates in the world. |
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Technology and Outsourcing Hot Spots Series (5): Multi-Tier and Unilateral Arbitration Clauses
In Part 4 of our Technology and Outsourcing Hot Spots Series, we considered how a properly drafted dispute resolution clause can give parties an appropriate dispute resolution mechanism which allows for an enforceable decision and avoids costly and time consuming jurisdictional fights prior to the determination of the substantive dispute. Such considerations apply with especial force in multi-tier arbitration clause and unilateral arbitration clauses. |
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The Importance of Getting the Arbitration Clause Right
A recent Federal Court of Australia case, Dampskibsselskabet Norden A/S v Beach Building & Civil Group Pty Ltd (2012) 292 ALR 161 (DKN v BBCG), has highlighted the importance of parties carefully tailoring the arbitration and jurisdiction clauses in their agreements to reflect their particular circumstances. A failure to do so may have implications later when enforcement of an arbitral award is sought. |
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Arbitrating in China – What Interim Measures are Available from the Courts?
The recent revisions to the Chinese Civil Procedure Law (the “CPL”) made some significant amendments to the arbitration law in China. In particular, the new CPL for the first time provides for pre-arbitration preservation measures to be available from the Chinese courts. The revisions will come into force on January 1, 2013. |
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Consider Creativity, Framing in Negotiation
The author reflects on negotiation tips he learned when teaching negotiation in Singapore. He discusses similarities he has observed across cultures as well as negotiation approaches inherent to the Singapore culture. |
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Striving for Independence, Competence, and Fairness: A Case Study of the Beijing Arbitration Commission - Part 2
This second half of the article on the BAC (Beijing Arbitration Commission) reviews building effective mechanisms to maintain integrity. It examines fairness in arbitration and potential arbitration risks. |
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Mediation Approach to USA/China Disputes
A number of disputes exist between the USA and China on economic issues: the level of China’s currency, China’s adhering to international patent protection rules, etc. concern the USA; China would like the USA to get its debt issues under control among other irritants… There is little evidence in the media that each side fully understands where the other side is coming from. |
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Striving for Independence, Competence, and Fairness: A Case Study of the Beijing Arbitration Commission
The emergence in China of local arbitration commissions (“LACs”), and in particular their growing role as a forum of choice for dispute resolution, is a phenomenon that has received inadequate scholarly attention. This article intends to present an analysis of LACs based on a case study of the Beijing Arbitration Commission (“BAC”), for which the author worked as a part-time case-handling secretary. |
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Beyond Adjudication: Resolving International Resource Disputes in an Era of Climate Change
Climate change is one of the greatest emerging threats to global peace and security. Among other impacts, climate change will exacerbate the scarcity of water, food, and other natural resources essential to human survival. One concern is that as these resources become scarcer, the frequency and severity of international disputes will increase. Thus, developing effective means for resolving international resource disputes is of critical global importance. |
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Holistic Law Approach To Indigenous Incarceration
This paper highlights the journey of peace building in the context of prison rehabilitation. The intention of this paper is to attempt to align the cultural, spiritual, psychological and physical aspects of indigenous conflict resolution with a practical peace building application in one of the growing industries in the world, the prison system. |
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Change, Like Rome, Wasn't Built in a Day
How do you negotiate the Israel-Palestine problem? What about North Korea? Well a recent book by Stuart Diamond, Professor at the Wharton School and Author of ’Getting More: How to Negotiate to Achieve Your Goals in The Real World’ highlights methods of how to negotiate in real life situations, including that problem and more. |
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Got Disputes? Asian/Western Insights on Commercial Dispute Resolution
With rapid growth in commercial dealings between Asian nations and an ever-expanding number of partners, the likelihood of disputes grows along with opportunities for greater understanding and early resolution. |
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Keynote Speech by Hong Kong Secretary for Justice at ICC Commercial Mediation Workshop November 12, 2010
The following is the keynote speech by the Secretary for Justice, Mr Wong Yan Lung, SC, at the International Chamber of Commerce (ICC) Dispute Resolution Services: Amicable Dispute Resolution (ADR) Workshop November 12, 2010. |
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Bond Newsletter
Bond University's eagerly awaited Dispute Resolution Centre's April Newsletter is just out!Edited by John Wade, the letter always delivers sophisticated content for the experienced mediator.There's a good article on Overconfidence at mediation and in a follow up to my popular post The Secrets of Successful (and Unsuccessful) Mediators - a completed Questionnaire for Advanced Mediators that John gives to experienced mediators in his regular Advanced Mediation Courses about what they see and do... |
Videos:
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Mediation Gains Popularity in India (video)
This excellent news report from India shows the new Delhi Mediation Center. Unfortunately, it seems that the sign above the door inadvertently says "Meditation Room." Oops! |
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Andrew Schepard: Aborigine Model Processes for Handling Child Neglect/Abuse - Video
Andrew Schepard describes how Aboriginal tribes have an optimal process of dealing with child neglect and/or abuse. If abuse is reported, a family group conference may be called; they have the choice of opting out of the coercive court system, which he sees as a model approach. |
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Wakeen, Terry: Cultural Differences in Conflict Resolution - Video
Theresa Wakeen describes a case she had that involved a Korean mother and a bus-driver who had hit and killed the mother's daughter with the bus. Talks about cultural differences in mediation and conflict resolution, the presence of both parties, and the importance of communication between the parties. |
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Larry Fong: Personal Background Influenced Choice of Occupation - Video
Larry Fong talks about his cultural history as a Chinese Canadian which he believes has affected his decision to mediate professionally. |
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Chris Moore: Contexts in which the Center for Dispute Resolution Works - Video
Chris Moore talks about the focus of CDR's work: large, multi-party disputes that often involve the public, organizational and policy-level work, and work in international disputes. |
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Moore, Chris: Changes in World Conflict - Video
Chris Moore shares his opinion on how world conflict has gone down in some arenas, but in others it has not, as new issues for dispute resolution have arisen. Also, he describes how the field has been more effective at the grassroots level than at a global level. |
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Lincoln, Bill: International Mediation Training - Video
Bill Lincoln describes his work in Afghanistan trying to implement mediation courses within the university and Foreign Ministry; he underscores his two points of entry into a country: the university system and the foreign ministry. |
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Thomas Stipanowich: Chinese Model for Conciliation - Video
Thomas Stipanowich shares his notion of the Chinese model for concilliation, which is about restoring harmony within a community. Traditionally, a community elder would come in to the conflict to help resolve it. |
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