Rethinking Legal Anthropological Theories of Dispute Settlement: The Process-Analytic triangle (original) (raw)
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The articles which follow were prepared for the AALS 2003 Workshop on Dispute Resolution: Raising the Bar and Enlarging the Canon. The committee that planned the workshop sought to explore how the field of dispute resolution (born of courses in negotiation, mediation, and "alternative" dispute resolution) has expanded its focus in the last twenty years, both in disciplinary breath and scope and in subject matters taught. Twenty-one years earlier the first AALS Workshop on Dispute Resolution, held at Harvard Law School, sought to launch the field, define issues for research and exploration, and demonstrate multiple means of teaching its theoretical and practical knowledge for modern lawyers.
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2011
In recent years, there were increasing interests in quantitative survey research on experiences of legal problems and access to justice in an unprecedented number of countries. Such survey research was initially conducted in the U.K. and the U.S. and later in Canada, New Zealand and Australia, countries with the Anglo-American legal tradition. However, a similar survey was recently carried out in the Netherlands, Japan and Hong Kong, countries of the Civil Law tradition, some of them with Asian social background. Now we have fantastic opportunities for comparative studies of civil disputes and dispute handling behavior among countries with different socio-legal backgrounds. Drawing upon these survey data, we discussed on how experiences of legal problems and occurrences of disputes differ among countries, how legal machineries are used or not used to resolve disputes, how levels of satisfaction with outcomes differ, and research designs and quantitative analytical methods for future...
Current Socio-Legal Perspectives on Dispute Resolution
In recent years, there were increasing interests in quantitative survey research on experiences of legal problems and access to justice in an unprecedented number of countries. Such survey research was initially conducted in the U.K. and the U.S. and later in Canada, New Zealand and Australia, countries with the Anglo-American legal tradition. However, a similar survey was recently carried out in the Netherlands, Japan and Hong Kong, countries of the Civil Law tradition, some of them with Asian social background. Now we have fantastic opportunities for comparative studies of civil disputes and dispute handling behavior among countries with different socio-legal backgrounds. Drawing upon these survey data, we discussed on how experiences of legal problems and occurrences of disputes differ among countries, how legal machineries are used or not used to resolve disputes, how levels of satisfaction with outcomes differ, and research designs and quantitative analytical methods for future...
The articles which follow were prepared for the AALS 2003 Workshop on Dispute Resolution: Raising the Bar and Enlarging the Canon. The committee that planned the workshop sought to explore how the field of dispute resolution (born of courses in negotiation, mediation, and "alternative" dispute resolution) has expanded its focus in the last twenty years, both in disciplinary breath and scope and in subject matters taught. Twenty-one years earlier the first AALS Workshop on Dispute Resolution, held at Harvard Law School, sought to launch the field, define issues for research and exploration, and demonstrate multiple means of teaching its theoretical and practical knowledge for modern lawyers.
The Phenomena of Conflicts and Disputes: A Legal-Based Managerial Process
Background: Both civilizations and civilized society need guidelines and laws in dealing with any and all disputes and to consequently live in peace. The phenomena of conflict that arises which subsequently transforms into a dispute is one that has been present since the early ages of human civilization. As such, the solutions to such conflicts and disputes have evolved to better meet the form and complexity of arising conflicts and disputes through the ages. This paper discusses the definition and parameters of conflict and its transformation into a dispute while focussing and emphasising on the obvious need for the effective legal-based management of dispute resolution due to the negative effects of the varied on going conflicts that plague mankind worldwide.
Anthropology, Dispute Processes and Law: A Critical Introduction
British Journal of Law and Society, 1981
... 2, Winter 1981 ANTHROPOLOGY, DISPUTE PROCESSES AND LAW: A CRITICALINTRODUCTION* Francis G ... in the construction and reproduction of legality in a Brazilian squatter settlement. He advances the hypothesis that "the verbal content of Pasargada law reflects the ...
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, 2021
Mediation is often held out as a panacea. The current state is that information and exchange seldom flow freely between different areas of Dispute and Conflict Resolution theory and practice, and the quality and quantity of mediation research are suffering as a result. Analysis of the historiography of the fields of Conflict Resolution/Conflict Transformation (CR) and Alternative Dispute Resolution (ADR) reveals evidence of how and why this compartmentalisation has arisen and provides clear evidence of common origins and of the divergence of ADR and CR from the 1980s onwards. This is demonstrated through a qualitative analysis of the historiography of the two fields, cross-field UK/USA English language author analysis, analysis of how each field represents itself and the 'other', and the impact of this representation. I apply ADR in this article as capturing mediation and negotiation as its primary focus, not arbitration. This is due to some OECD English-speaking jurisdictions no longer considering arbitration to be 'ADR', because the time, cost and procedure in arbitration has made it virtually indistinguishable from judge-led court processes in these jurisdictions. Please note the worldwide variation in the application of the term 'ADR'.