As the COVID-19 pandemic continues to expose obsolete business practices and force companies into uncharted territories, a disruption worth (re)considering for companies is to replace their over-reliance on litigation with mediation. In order for mediators to make this transition more appetising for businesses, we must train mediators to: 1) think more holistically through interdisciplinary training; and 2) foster cognitive diversity amongst our pool. |
Article |
The Mediation DisruptionA Path to Better Conflict Resolution through Interdisciplinarity and Cognitive Diversity |
Journal | Corporate Mediation Journal, Issue 2 2020 |
Keywords | interdisciplinarity, social psychology, diversity and inclusivity, disruption |
Authors | Mark T. Kawakami |
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Article |
A Reflection on the Evolution of Corporate Culture and Conflict Resolution (Part II)The Resonance of Individual Conflict Resolution on the Collective Organisational Psyche |
Journal | Corporate Mediation Journal, Issue 2 2020 |
Keywords | mediation, evolution system, corporate culture, conflict resolution, power struggle |
Authors | Hilde Kroon and Marcel Baatsen |
AbstractAuthor's information |
In this article, a roadmap is proposed for both individual growth and eventual maturation of an organisation as regards how conflict is dealt with. Much can be achieved within organisations when the individuals who work there succeed in discovering and deploying their potential in order to deal with conflict in a mature manner. |
Article |
A Reflection on the Evolution of Corporate Culture and Conflict Resolution (Part I)The Resonance of Individual Conflict Resolution on the Collective Organisational Psyche |
Journal | Corporate Mediation Journal, Issue 2 2020 |
Keywords | mediation, evolution system, corporate culture, conflict resolution, power struggle |
Authors | Hilde Kroon and Marcel Baatsen |
AbstractAuthor's information |
In this article, a roadmap is proposed for both individual growth and eventual maturation of an organisation as regards how conflict is dealt with. Much can be achieved within organisations when the individuals who work there succeed in discovering and deploying their potential in order to deal with conflict in a mature manner. |
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Journal | Corporate Mediation Journal, Issue 2 2020 |
Keywords | entrenched conflict, preparation, conflict identification, mediation model |
Authors | Sheila Gooderham |
AbstractAuthor's information |
In entrenched conflict cases, mediation participants display a contradictory approach. They fail to take responsibility for their part in mediation and do not engage constructively in negotiations, whilst asserting a justificatory narrative for their behaviour. Usually they blame the other disputant, make excuses based on extraneous factors or even assert that the mediator is to blame for the lack of progress in mediation. In many entrenched conflict cases, there is no genuine commitment to negotiation at all on the part of the entrenched disputant. They are simply keen to present their case with an expectation that everyone else will fall into line with their demands. When entrenched conflict manifests, mediation is often being used as a forum for psychological game playing. Entrenched disputants tend to have a ‘win at all costs’ perspective. In some entrenched cases, mediation is simply being used as a tactic, with a view to fighting the case in court. In such circumstances, the entrenched disputant may simply see mediation as a means of eliciting further information about their opponent’s case, so as to benefit the entrenched disputant in subsequent court proceedings. |
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Journal | Erasmus Law Review, Issue 3 2020 |
Keywords | Transformative pedagogy, equality legislation, promotion of equality, law reform, using law to change hearts and minds |
Authors | Anton Kok, Lwando Xaso, Annalize Steenekamp e.a. |
AbstractAuthor's information |
In this article, we focus on how the education system can be used to promote equality in the context of changing people’s hearts and minds – values, morals and mindsets. The duties contained in the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (‘Equality Act’) bind private and public schools, educators, learners, governing bodies and the state. The Equality Act calls on the state and all persons to promote substantive equality, but the relevant sections in the Equality Act have not been given effect yet, and are therefore currently not enforceable. We set out how the duty to promote equality should be concretised in the Equality Act to inter alia use the education system to promote equality in schools; in other words, how should an enforceable duty to promote equality in schools be fashioned in terms of the Equality Act. Should the relevant sections relating to the promotion of equality come into effect in their current form, enforcement of the promotion of equality will take the form of obliging schools to draft action plans and submit these to the South African Human Rights Commission. We deem this approach inadequate and therefore propose certain amendments to the Equality Act to allow for a more sensible monitoring of schools’ duty to promote equality. We explain how the duty to promote equality should then play out practically in the classroom to facilitate a change in learners’ hearts and minds. |
Article |
Investment Arbitration and the Public Interest |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2020 |
Keywords | BIT, ILA, ISDS, unclean hands, regulatory chill |
Authors | Gábor Hajdu |
AbstractAuthor's information |
The study focuses on analyzing conflicts between (international) investment arbitration and the public interest, dividing its contents into five substantive sections. First, it summarizes the common characteristics of international investment arbitration (distinguishing procedural and substantive elements), followed by its most pressing issues (including frequent criticism such as lack of consistency, asymmetrical proceedings, regulatory chill, etc.). Afterwards, selected investment arbitration cases are examined, grouped based on which areas of public interest they affected (environmental protection, employee rights, public health). These cases all hold relevance and offer different insights into the workings of investment arbitration, which serve to illuminate the complex interplay between foreign investor and public interest. The cases also provide the foundation for the study’s conclusions, where key observations are made on the central subjects. |
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Journal | Erasmus Law Review, Issue 2 2020 |
Keywords | effectiveness, effectiveness measurement methodologies, financial legislation, legislative objective, product approval governance |
Authors | Jeroen Koomans |
AbstractAuthor's information |
How can you determine if financial legislation is effective? This article seeks to identify three characteristics that make up the basis for an effectiveness review, being the determination what the legislative objective is, who is it aimed at and what approach is taken to achieve this objective. Determining the legislative objective may prove to be a challenging undertaking, and the uncertainties that come with that affect the other two characteristics as well. And even if a clear legislative objective can be established, how can you be sure that its achievement was in fact attributable to the legislation under review? What do you compare your results to absent a baseline measurement and how can the vast number of variables that affect the effectiveness of the legislation under review be accounted for, if at all? Is effectiveness in financial legislation at all measurable and, when measured, what is its value in practice? |
Article |
From victim blaming to reintegrative shamingthe continuing relevance of Crime, shame and reintegration in the era of #MeToo |
Journal | The International Journal of Restorative Justice, Issue 1 2020 |
Authors | Shadd Maruna and Brunilda Pali |
Author's information |
Article |
A Linguistic Insight into the Legislative Drafting of English-Speaking JurisdictionsThe Use of ‘Singular They’ |
Journal | European Journal of Law Reform, Issue 1 2020 |
Keywords | gender neutrality, ‘singular they’, linguistic insight, legislative drafting, English-language jurisdictions |
Authors | Giulia Adriana Pennisi |
AbstractAuthor's information |
Gender specificity in legislation started being questioned in the late 20th century, and the need to reform the way in which laws have been written for more than one-hundred years has been particularly evident in English-language jurisdictions. In the 1990s and 2000s, the adoption of a plain English style forced legislative drafters to avoid sentences of undue length, superfluous definitions, repeated words and gender specificity with the aim of achieving clarity and minimizing ambiguity. |