This Article considers whether a good mediator can also be a good arbitrator. It provides examples of domestic legislation which allow mediators to serve as arbitrators, even in the same dispute. The requirements of natural justice, which are integral to the arbitration process, are largely ineffective in mediation proceedings. It is argued that, because of the ineffectiveness of the application of the rules of natural justice in mediation proceedings, the roles of mediators and arbitrators are distinct and incompatible
The purpose of this article is to encourage legislators, practitioners, academics, and others concer...
Arbitrators are to global dispute resolution what judges are to domestic dispute resolution. Despite...
The neutrality of a third party who decides or mediates disputes is central to our ideas of fairness...
On 1 January 2008, a National Mediator Accreditation System (NMAS) came into operation in Australia....
Mediation as an Alternative Source of Law: A co-authored 2003 article, "Delegation as a Source of...
This article applies mechanism design to the study of international conflict resolution. Standard me...
This article applies mechanism design to the study of international conflict resolution. Standard me...
The issue of the appointment of judicial mediators has once again been raised – this time by the Vic...
This article explores the question whether and to what extent international arbitrators should becom...
This Article probes the fundamental assumptions behind the use of mandatory or court-ordered mediati...
It can no longer be doubted that alternative dispute resolution ( ADR ) as a substitute for court-ba...
This Article probes the fundamental assumptions behind the use of mandatory or court-ordered mediati...
Much of the economic literature on Alternative Dispute Resolution ( ADR ) displays a surprising fail...
This article draws on an empirical study of community mediation to question the possibility and desi...
This article, written early in the modern ADR era, provided a framework for developing the mediation...
The purpose of this article is to encourage legislators, practitioners, academics, and others concer...
Arbitrators are to global dispute resolution what judges are to domestic dispute resolution. Despite...
The neutrality of a third party who decides or mediates disputes is central to our ideas of fairness...
On 1 January 2008, a National Mediator Accreditation System (NMAS) came into operation in Australia....
Mediation as an Alternative Source of Law: A co-authored 2003 article, "Delegation as a Source of...
This article applies mechanism design to the study of international conflict resolution. Standard me...
This article applies mechanism design to the study of international conflict resolution. Standard me...
The issue of the appointment of judicial mediators has once again been raised – this time by the Vic...
This article explores the question whether and to what extent international arbitrators should becom...
This Article probes the fundamental assumptions behind the use of mandatory or court-ordered mediati...
It can no longer be doubted that alternative dispute resolution ( ADR ) as a substitute for court-ba...
This Article probes the fundamental assumptions behind the use of mandatory or court-ordered mediati...
Much of the economic literature on Alternative Dispute Resolution ( ADR ) displays a surprising fail...
This article draws on an empirical study of community mediation to question the possibility and desi...
This article, written early in the modern ADR era, provided a framework for developing the mediation...
The purpose of this article is to encourage legislators, practitioners, academics, and others concer...
Arbitrators are to global dispute resolution what judges are to domestic dispute resolution. Despite...
The neutrality of a third party who decides or mediates disputes is central to our ideas of fairness...