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Article

Is ODR ADR?

Reflections of an ADR Founder from 15th ODR Conference, The Hague, The Netherlands, 22-23 May 2016

Journal International Journal of Online Dispute Resolution, Issue 1 2016
Keywords alternative dispute resolution, justice, process pluralism, dispute system design, history of conflict resolution
Authors Carrie Menkel-Meadow
AbstractAuthor's information

    This essay presents the observations of a founder of the dispute resolution field to new developments in online dispute resolution, expressing both concerns and hopes for greater access to justice.


Carrie Menkel-Meadow
Chancellor’s Professor of Law, University of California, Irvine and Visiting Distinguished Scholar Queen Mary, University of London, School of Arbitration.
Article

Is ODR ADR?

A Response to Carrie Menkel-Meadow

Journal International Journal of Online Dispute Resolution, Issue 1 2016
Authors Colin Rule

Colin Rule

    What is there to learn about managing conflict or negotiation that you do not already know? How can mediation techniques make a difference in achieving your personal goals and advance the objectives of your organisation even when there is no conflict? How can new skills benefit all management levels and change the role of the legal department?
    This issue of the Corporate Mediation Journal will address these and other questions. Is corporate mediation a prospect for the legal department and organisations as a whole?


Martin Brink
Martin Brink, PhD, is attorney at law, arbitrator and deputy judge at the The Hague Court of Appeals and an internationally certified mediator (MfN, IMI, CEDR Global Panel).
Article

Access_open The Right to Mental Health in the Digital Era

Journal Erasmus Law Review, Issue 3 2016
Keywords E-health, e-mental health, right to health, right to mental health
Authors Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj
AbstractAuthor's information

    People with mental illness usually experience higher rates of disability and mortality. Often, health care systems do not adequately respond to the burden of mental disorders worldwide. The number of health care providers dealing with mental health care is insufficient in many countries. Equal access to necessary health services should be granted to mentally ill people without any discrimination. E-mental health is expected to enhance the quality of care as well as accessibility, availability and affordability of services. This paper examines under what conditions e-mental health can contribute to realising the right to health by using the availability, accessibility, acceptability and quality (AAAQ) framework that is developed by the Committee on Economic, Social and Cultural Rights. Research shows e-mental health facilitates dissemination of information, remote consultation and patient monitoring and might increase access to mental health care. Furthermore, patient participation might increase, and stigma and discrimination might be reduced by the use of e-mental health. However, e-mental health might not increase the access to health care for everyone, such as the digitally illiterate or those who do not have access to the Internet. The affordability of this service, when it is not covered by insurance, can be a barrier to access to this service. In addition, not all e-mental health services are acceptable and of good quality. Policy makers should adopt new legal policies to respond to the present and future developments of modern technologies in health, as well as e-Mental health. To analyse the impact of e-mental health on the right to health, additional research is necessary.


Fatemeh Kokabisaghi
Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj are Ph.D. candidates at the Institute of Health Policy and Management, Erasmus University Rotterdam. All authors contributed equally.

Iris Bakx
Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj are Ph.D. candidates at the Institute of Health Policy and Management, Erasmus University Rotterdam. All authors contributed equally.

Blerta Zenelaj
Fatemeh Kokabisaghi, Iris Bakx and Blerta Zenelaj are Ph.D. candidates at the Institute of Health Policy and Management, Erasmus University Rotterdam. All authors contributed equally.
Article

The New Handshake: Where We Are Now

Journal International Journal of Online Dispute Resolution, Issue 2 2016
Keywords consumers, consumer protection, online dispute resolution (ODR), remedies, e-commerce
Authors Amy J. Schmitz and Colin Rule
AbstractAuthor's information

    The internet has empowered consumers in new and exciting ways. It has opened more efficient avenues for consumers to buy just about anything. Want proof? Just pull out your smartphone, swipe your finger across the screen a few times, and presto – your collector’s edition Notorious RBG bobblehead is on its way from China. Unfortunately, however, the internet has not yet delivered on its promise to improve consumer protection.


Amy J. Schmitz
Amy J. Schmitz is the Elwood L. Thomas Missouri Endowed Professor at the University of Missouri School of Law and Center for the Study of Dispute Resolution, and the founder of MyConsumertips.info.

Colin Rule
Colin Rule is co-founder and Chairman of Modria.com and the former Director of Online Dispute Resolution for eBay and PayPal.
Article

The Moral Imagination Embodied

Insights from Artists Navigating Hybrid Identities in Scholarship and Practice

Journal International Journal of Conflict Engagement and Resolution, Issue 1 2016
Keywords community art, peace studies, arts-based peacebuilding, practice, theory
Authors Kathryn M. Lance
AbstractAuthor's information

    The field of conflict engagement is riddled with tensions and challenges, such as the ‘science-practice crisis’ or the ‘scholarship–practice divide’. Using interviews and an inductive, interdisciplinary approach and following the framework of The Moral Imagination, this article aims to deconstruct this core tension of ‘scholarship or practice’. It does this from the perspective of individuals often overlooked in our field: artists. This study included interviews with three specific artists who work along the practice–scholarship spectrum. Even though these artists engage in both scholarship and practice, they do not simply define themselves as ‘scholars’ or ‘practitioners’. Instead, they navigate their identities and work in-between these two terms. While practicing, researching and teaching they exemplify – and also move beyond – the ‘both/and’ approach. Using an inquiry-based, inductive approach to glean insight from these artists gives them voice and opens up a space for their views on the relationship between scholarship and practice. Paying special attention to how artists make sense of their location(s) along the aforementioned spectrum unearths fresh perspectives on the debate while furthering our understanding of the nexus between scholarship and practice


Kathryn M. Lance
Kathryn M. Lance is a PhD student in the joint programme in Psychology and Peace Studies at the University of Notre Dame. Her research focuses on youth resilience and means of addressing trauma in divided societies and conflict settings. She is specifically interested in the effects of arts-based peacebuilding and the relationship between the arts, resilience and trauma healing.

Sylvia Ospina
S. Ospina & Associates – Consultants, POB 141814, Coral Gables, FL 33114, Email: sospina@bellsouth.net; sospina2@gmail.com.

Lesley Jane Smith
Leuphana University of Lueneburg, smith@leuphana.de.

Ali Akbar Golroo
Dr. Ali Akbar Golroo, Aerospace Research Institute, Iran, ali@ari.ac.ir.

Hamid Kazemi
Dr. Hamid Kazemi, Aerospace Research Institute, Iran, h.kazemi@ari.ac.ir.
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