Alternative Dispute Resolution

Parenting coordination is a client-pay, hybrid alternative dispute resolution (ADR) process designed for parents and guardians involved in on-going, high conflict child custody disputes. The basic idea underlying the parenting coordination process is that a parenting coordinator (PC) can act more quickly than court processes and with more authority than a mediator to resolve the seemingly continuous series of issues arising between high conflict parents.

The indigene/settler question has been central to scholarly discourses on land ownership, ethnicity and identity in Nigeria. The legacies of the 1804 Jihad and the subsequent divide and rule colonial model of governance are extant in the perennial struggles for territorial control and dominance of political, economic, religious and socio-cultural spaces. In Northcentral Nigeria, the Southern Kaduna scenario in Zangon Kataf presents a context of the overlaps of ethnoreligious crises across macro and micro spaces in which the broad Hausa versus non Hausa sentiments influenced the political, economic and social exclusion claims of the Atyap within the context of indigene/settler debates. The study results from a two-year ethnographic fieldwork in the community (between 2012 and 2014) during, which observations, key-informant interviews and focus group discussions were combined with historical data; in unpacking the political economy of the 1992 market crises, and also exploring the politics of inclusion as an effective management strategy on which different state interventions on recent crises in Southern Kaduna could be modelled.

The termination of parental rights of parents with mental disabilities is a growing and crucial issue.  In 2010, an estimated 45.9 million adults in the U.S. had experienced a mental illness in the past year. This represents 20% of the adult population.  More than five million children in the U.S. have a parent with a serious mental illness such as schizophrenia, bipolar disorder, or major depression.  Courts and child welfare systems too often assume that a parent is not amenable to treatment and is a danger to his or her child when strong symptoms of mental turmoil surface.  Some studies report that as many as 70 to 80% of mentally ill parents have lost custody.  Public systems are overwhelmed by this matter in an era of shrinking resources for such systems.  However, often parents with mental health needs are willing to accept treatment, are able to participate in programming, and are worthy of regaining custody. 
• There are gaps in federal and state law on this issue.  The federal Adoption and Safe Families Act (ASFA) requires that state child welfare agencies and courts make “reasonable efforts” towards family reunification before the termination of parental rights (TPR) can take place.  However, federal statutes and case law provide little guidance to states about what “reasonable efforts” means, and states have been left to interpret that concept individually.  Many state statutes even enable a “bypass” of the “reasonable efforts” standard when “clear and convincing” evidence allegedly shows that a parent's mental condition cannot be changed.  Many states likewise place unjust, statutory and common law time limits on family reunification efforts in TPR cases. 
• Gaps in legal scholarship are also evident here.  Legal scholars have begun to discuss the inadequacy of reunification services for mentally challenged parents, the tenuous link between mental health services and child welfare agency action, the need for enhanced attorney and child welfare worker preparation in this arena, and a need for cultural competence in reunification services.  Others have even suggested that there be a rebuttable presumption in favor of family reunification.  However, those discussions lack a sound theoretical basis and a practical application of solutions. 
• As is featured in previous work of this author, a new theoretical framework of Family Systems Theory-- which is utilized in clinical behavioral health and human rights arenas-- must first be applied.  Under this theoretical framework, the vague and outdated “best interests of the child” standard, which is a legal standard used exclusively in family law cases, must be replaced with a more sound standard of “holistic family wellbeing.”  Vulnerability Theory can add credence to this theoretical framework.
• The discussion of reunification services for families featuring parents with mental disabilities should then be conducted utilizing Family Systems Theory and a legal standard of “holistic family wellbeing.”  Under these circumstances, the “family integrity” defended by our highest courts through the “reasonable efforts” provision should be upheld through the delivery of highly effective family reunification services.  The application of Family Systems Theory ultimately requires reform in the law, service delivery, and professional practice.  State and federal legislators must revisit the “reasonable efforts” standard, to include specific statutory language about the types of reunification services required and the need for flexible timelines.  Courts, child welfare agencies, and service providers need to deliver proven reunification services and coordinated mental health treatment.  In specific court cases, attorneys for the parent(s), the child(ren), and the state should focus on “holistic family wellbeing” utilizing collaborative family law and alternative dispute resolution, while advancing the agency of their clients.  Child welfare workers and practitioners likewise require training in advanced methods of conflict resolution and clinical practice.  These recommendations can ensure more effective family law practice and more successful family - serving systems.

From a long period of time Africa continent have experienced with civil war which has cause displacement of people as well as economic instability of the African countries. UN and AU have jointly and separately involved in conflict resolution in the continent. However in respect to the conflict in Africa, Africa Union as the regional organization has take various effort undertaken by the AU basically from 1994-2000. However in 2002 AU changed from OAU with different purpose but among the other includes promotion of peace and security as well as Political stability within the continent. However from 2002 we have witness the active and direct participation in the conflict resolution in various conflicts such as Burundi Conflict and other parts of Africa. Therefore this research paper will analyze the role of UN as well as AU in conflict resolution in African continent.

This paper focuses on the effects of nonbinding recommendations on bargaining outcomes. Recommendations are theorized to have two effects: they can create a focal point for final bargaining positions, and they can decrease outcome uncertainty should dispute persist. While the focal point effect may help lower dispute rates, the uncertainty reduction effect is predicted to do the opposite for risk-averse bargainers. Which of these effects dominates is of critical importance in the optimal design of alternative dispute resolution (ADR) procedures, which are becoming increasingly utilized to help resolve disputes in a variety of settings. We theoretically examine the effects of recommendations on the bargaining contract zone. Our theoretical framework, which allows bargainers ’ final positions to influence a binding outcome should negotiations fail, provides for a more stringent test of focal points than previously considered. We also present data from controlled laboratory bargaining ...

Undisputedly the most significant event for Bulgaria for the past 2016 in the field of international arbitration is the issuance of the award under the case of the Russian company JSC AtomStroyExport (ASE) against Natsionalna Elektricheska Kompania EAD (National Electricity Company – NEK) concerning the order of equipment for building the nuclear power plant in Belene. According to the award, NEK was obliged to pay ASE around EUR 600 million. Consequently, the Bulgarian National Assembly adopted the Act for Granting Support for Payment of Debts of Natsionalna Elektricheska Kompania EAD (promulgated in SG, issue 76 of September 30, 2016) for the purpose of ensuring funds for NEK to voluntarily pay its debts to ASE. The total amount of the state loan to NEK for settling its relations with ASE was BGN 1.2 billion. The present paper examines what were the opportunities for defence before the Bulgarian state in the case and what conclusions could be derived for future cases of similar nature. (Note: The paper was originally written in Bulgarian - see the link, but enclosed hereto is an English translation - see the attached file)

This article examines the impact of the United Nations Commission on International Trade Law (UNCITRAL) on dispute resolution law reforms in Africa and Latin America. Using the prism of regional coordinating activities, regional law reforms, and domestic law reforms in the two regions, it offers insights into the potential of UNCITRAL’s soft law instruments in shaping institutional and legal development in dispute resolution in the region. While legislative efforts indicating heightened attention to advancing dispute resolution practice in these regions have been on-going, continued scope for integrating standards of transparency and enforcement of awards exists.

The essay is divided in four parts. In part one, we present a background situational analysis of the development of alternative dispute resolution mechanisms, specifically arbitration and conciliation, in the areas of investor-state and direct foreign investments generally in both regions. In the second part, we highlight the various regional UNCITRAL conferences, intersession meetings and stakeholder engagements in both Africa and Latin America in a bid to assess regional and international efforts toward reform and addressing the diverse challenges faced in both regions in the adoption and implementation of UNCITRAL soft-law instruments. In the third part, we highlight specific efforts at adopting UNCITRAL soft law in the two regions and their impact on dispute resolution developments. We deliberately emphasise here the possible impact on arbitration rules, arbitration law, transparency rules, conciliation rules, and investor-state arbitration reform. In the last part, we examine some of the challenges faced by African and Latin American States in the implementation of UNCITRAL soft law, and suggest a preliminary reform menu that could be considered by UNCITRAL and other stakeholders in ongoing efforts to reform dispute resolution systems in the two regions along the lines of UNCITRAL soft law.

The growth of B2C e-commerce increases the frequency of disputes from these transactions between businesses and consumers. Judicial procedure is slow, expensive, and difficult to deal with. Therefore, the European Commission has adopted several recommendations, directives and regulations to promote online dispute resolution (ODR). The aim of this paper is to assess how the EU countries have implemented these rules and also the status of the ODR platform, which will be operational on 9 January 2016. This description can be useful for businesses because it identifies the requirements in this area which should be incorporated into their strategy.

BRAGANÇA, Fernanda; BRAGANÇA, Laurinda. "Mediação de conflitos: uma abordagem econômica com foco no setor empresarial". Revista de Formas Consensuais de Solução de Conflitos, vol. 6, n. 2, pp. 97-114, jul-dez. 2020. Disponível: https://www.indexlaw.org/index.php/revistasolucoesconflitos/article/view/7113/pdf_1

The idea that parties bargain in the shadow of the law has been highly influential in research on dispute resolution and family law. Critics have questioned the utility and coherence of the concept, but it continues to be widely accepted. This article draws on an empirical study of access to legal information in a post-separation context to argue for a broader and more realistic understanding of how the shadow of the law influences parties' expectations and strategies in family law matters. Family dispute resolution, we suggest, does not take place in the shadow of the positive law (the law contained in statutes, case law and other formal legal sources), so much as the shadow of the folk law (the law as depicted in informal sources such as online materials and popular media). It follows that there is not just one shadow of the law; rather, there are multiple shadows. These findings hold important implications for government agencies, family dispute resolution providers and others involved in providing information and advice on post-separation issues.

The arbitrator’s power to determine the manner in which the arbitration is to be conducted is expansive and is circumscribed only by the agreement between the parties and the legislative fiat to treat the parties equally. The arbitrator has the power to determine his own jurisdiction; he is empowered to order interim measures of protection; his award is enforceable in the same manner as that of a decree of a civil court. For most purposes, the arbitrator is a substitute to the civil court. Nevertheless, the arbitrator is not bound to strictly follow the Evidence Law or the Civil Procedure Law as applicable to a court of law. The arbitration statute is silent as regards whether the arbitrator is obligated to frame issues to determine the dispute. While an arbitrator trained in law would not face problems in framing issues, non-lawyer arbitrators face difficulty in doing so. This short paper addresses this topic of practical significance. Further, it also discusses the possibilities of alternatives to framing issues to enable the arbitrator resolve the disputes in an effective manner.

Dubai, the commercial hub of United Arab Emirates has seen exponential growth in the past four decades. The mega and iconic projects and skyscrapers are the witness to the growth. What is more impressive is the openness of Dubai to commission a micro jurisdiction (Duba International Financial Center) with Common law principles amidst the Civil law jurisdiction that is widely being practiced within the GCC and even Middle-East region. The DIFC has its own courts based on Common law principles and also an arbitration centre in collaboration with London Court of International Arbitration.

In addition, Dubai has shown greater acceptance of arbitration as a mechanism to resolve disputes in construction and commercial industry. It’s a little secret that Dubai aspires to be an international arbitration centre with the likes of Paris, London, Singapore and Hong Kong. Dubai has the world class facilities and connectivity with most of the cities in the world and with billions of money is being invested in infrastructure and construction projects, and given the fact that construction industry is prone to have disputes, it is only logical to shape this city as a regional arbitration centre.

However, there has been questions about the enforcement of arbitral awards in this country given the uncertain nature of the judicial decisions in the past concerning the enforcement. Until this date, UAE doesn’t have its own arbitration law, although the draft is doing rounds for the past several years. Currently the arbitration is governed by the UAE Civil Procedure Code and it is safe to say that the CPC is cryptic and does not address all the issues that normally arise in an arbitration process.

In the past, attacks on procedural grounds of the arbitration awards were common and unlike the judges the arbitrators does not enjoy statutory immunity and hence it is prudent not only to ensure the awards are enforceable but also to ensure that the arbitrators are not personally liable. Despite clear rules stipulated by Dubai International Arbitration Centre, Dubai International Financial Centre and Abu Dhabi Centre for Conciliation and Arbitration Centre, the personal liability of the tribunal is still one of the most hotly debated topics in the industry.

However, recently the Dubai Court of Cassation handed judgments in two cases  confirming that the tribunals and the arbitrators are not personally liable. The case was initiated by a leading developer and it was against senior and reputed arbitrators who are very well known in the industry. The tribunal was appointed by Dubai International Arbitration Centre under DIAC rules.

Article 40 of the DIAC Rules of Arbitration provides that
“No member of the Tribunal shall be liable to any person for any act or omission in connection with the arbitration”.

Similarly the Article 24 of the DIAC Statute Rules states
“Neither the Centre nor any of its employees, members of the Board of Trustees, its Committees or members of any dispute settlement panel shall be held liable for any unintentional error in their work related to the settlement of disputes by the Centre.”

Despite such clear indication preserving immunity of the tribunal, these two cases went all the way up to the apex court and thankfully the Cassation Court upheld the arbitrator immunity. These two case laws are highly important for arbitrator fraternity.

In this article, the author is intending to examine the relevant clauses in UNCITRAL Model law and UAE Civil procedure code for provisions related to arbitrator immunity and liability. Further the rules of both Dubai International Arbitration Centre and Dubai International Financial centre would be examined to get clarity on this issue. The facts of the case law and judicial verdict will be analysed in brief and finally it will be summed up with the current legal position with respect to arbitrator immunity.

SUMMARY Arbitration is becoming an increasingly important means of settling investment and commercial disputes in Egypt. The promulgation of Arbitration Law No. 27 of 1994 was a milestone in providing a comprehensive framework for the arbitration process in the country. The Law provides for the rules governing the formation and validity of arbitration agreements, arbitrability of legal disputes, composition of the arbitral tribunal, arbitral proceedings, and enforcement of an arbitral award. Judicial precedents of the Supreme Constitutional Court and the Court of Cassation have played an important role in supplementing the provisions of the Arbitration Law. Although the Arbitration Law is the primary source for regulating the extrajudicial dispute resolution mechanism, the country's unrest over the past three years spurred the introduction of other quicker and more flexible mechanisms for the settlement of investment disputes. Egypt has also acceded to several international conventions governing the arbitral process, the provisions of which have been incorporated into the country's national legal system.

" The LRA permits councils and the CCMA to arbitrate disputes immediately if conciliation fails. The process of 'con-arb' collapses the normal two-phase process of conciliation meeting, followed by arbitration on a later date. This expedited procedure has potential dangers. For one, the same commissioner must necessarily act as both conciliator and arbitrator, meaning that, when acting in the latter capacity, he or she may have been privy to compromising information received when acting in the former capacity. This may render the process subject to review. "

Am 1. 2. 2015 sind die neuen ICC Expert Rules in Kraft getreten. Sie ersetzen nach einem fast zwei Jahre andauernden Überarbeitungsprozess die ICC Rules for Expertise aus dem Jahr 2003. Die neuen ICC Expert Rules bilden nun die Grundlage für die Dienste des Internationalen ADR-Zentrums der ICC iZm der Auswahl und dem Einsatz von Sach- verständigen und neutralen Dritten.

English Abstract: Online dispute resolution (ODR) technologies are now increasingly used by courts, administrative agencies, companies and alternative dispute resolution (ADR) organizations to handle cases in various legal domains. Two decades have passed since the first ODR systems were launched and their impact on access to justice and the delivery of justice has evolved to a great extent. This Article offers an overview and analysis of these developments. First, it discusses the pragmatic and ideological antecedents of ODR: developments in information technology and online activity, and the rise of the effective access to justice and alternative dispute resolution movements. Second, it proposes a typological framework for evaluating ODR systems in terms of dispute types, resolution methods, settings, technologies, providers, and process designs. It then uses the framework to systematically analyze the current landscape of ODR, offering specific examples of ODR systems that demons...

The present paper analyzes the applicability of GDPR in the context of commercial arbitration. In particular, examined are the principle applicability of GDPR towards arbitration and the main consequences of GDPR’s applicability towards commercial arbitration. (Note: The publication is in English)

By its very nature, disputes will inevitably arise during the execution of a civil engineering or building contract. As is customary in construction contracts in Hong Kong Kong, there is often a provision for arbitration. However, settling disputes by adversarial proceedings, both in litigation and arbitration, are in general conceived to be at the expense of goodwill between the parties and in opposition to the maintenance of a continuing commercial relationship. It follows, naturally, that alternative dispute resolution such as conciliation and mediation, the principal two non-confrontation processes to settle disputes, have become much the preferred means of resolving disputes.

ARABULUCULUK VE SİNGAPUR SÖZLEŞMESİ
Arabuluculuk, alternatif uyuşmazlık çözüm yöntemleri içerisinde yer alan ve günden güne gelişen bir uyuşmazlık çözüm yöntemidir. Arabuluculuğun yargılama temelli uyuşmazlık çözüm yöntemlerine nazaran önemli avantajları bulunmaktadır. Bu avantajlarının varlığına rağmen mühim derecede zayıf bir yönü de bulunmaktadır. Bu zayıf yönü, arabuluculuk faaliyeti sonucunda elde edilen arabuluculuk anlaşma belgesinin sınır ötesi icrası oluşturmaktadır. Arabuluculuk anlaşma belgesi, kural olarak, tarafların üzerinde mutabık kaldıkları hususları yerine getirmeyi taahhüt ettikleri bir sulh sözleşmesidir. Yerine getirilmeyen diğer sözleşmelerin icrası gibi arabuluculuk anlaşma belgesinin icrası için de dava açılmak zorunda kalınır ise, arabuluculuk etkin bir uyuşmazlık çözüm yöntemi olma özelliğine sahip olamayacaktır. Bu zayıf durumu bertaraf edebilmek amacıyla Singapur Sözleşmesi hazırlanmıştır. Singapur Sözleşmesi'nin kapsamına giren ticari nitelikteki arabuluculuk anlaşma belgeleri, Sözleşme'de belirtilen şartları sağlamak kaydıyla, âkit ülkelerde icra edilebilecek veya kesin delil olarak yararlanılabilinecektir. Elinizdeki bu çalışmada, arabuluculuk anlaşma belgelerinin sınır ötesi icrasını ve kesin delil etkisini düzenleyen Singapur Sözleşmesi detaylı bir şekilde ele alınmıştır.

Efforts at the University of Massachusetts at Amherst illustrate how academic programs such as Legal Studies can form the basis for conflict resolution in the local community as well as on campus.
The study of conflict and its resolution lies at the core of many disciplines , but perhaps none touches as closely on this subject as legal studies, the liberal arts study of law in society. Legal studies examines the form and structure of authority in society and the conflicts that authority is expected to resolve. Legal studies also examines the role of officially sanctioned authority in exacerbating conflict. Humanistic, liberal arts legal studies differs considerably from its law school counterpart, the professional study of law. While law school builds its curriculum around the needs of a profession, a liberal arts curriculum operates within a broader context: the study of power and conflict within cultural and historical perspectives. As distinct from a pre-law curriculum, legal studies explores legal issues that arise in connection with the design of public policy and the content of public interest research. Legal studies is not limited to the study of adjudication and adversary processes. It takes these as the dominant themes for conflict management in our society and examines their development and relationship to the structure of society. Official systems of dispute resolution are compared with informal systems, such as the family.

Dispute Review Boards (DRBs) are almost 40 years old, having first been used in the United States in 1975.  It is therefore timely to assess whether they provide the mature judgement that can assist parties to manage conflicts and resolve disputes that invariably arise on construction projects, without the need to resort to arbitration or litigation. Their record to date, suggests that they can – over 2,000 projects around the world have used a DRB, of which an impressive 98% were completed with no outstanding disputes.  This success rate has fuelled an exponential growth in the use of DRBs not only in the United States, but around the world.  While DRBs, like arbitration, are a creature of contract, unlike arbitration they do not have a long history in construction dispute resolution and do not enjoy the same support and recognition as arbitration, which is the subject of an international treaty  and numerous statutory regimes around the world.

DRBs remain a relatively new dispute avoidance process (DAP) for much of the construction world, and it is difficult to find two projects that have designed and used a DRB in the same way. Principals and contractors continue to experiment with the process and often make adjustments to available standard DRB specifications,  either in the hope of yielding better outcomes from the DRB, or out of fear of what might happen if a DRB is given the full range of recommended powers. While some modifications have produced outstanding results and maximised the DRB’s ability to assist parties to avoid and/or resolve conflicts and disputes as they arise, other modifications have driven both principals and contractors to “swear that they would never use a DRB again”.  With this is mind, this article explores the factors that are critical to the success of DRBs and demonstrates through two case studies, how parties can maximise the benefits of the process, and avoid the hidden dangers that can derail a DRB.

La inmediata conexión con los errores médicos suele ser un tema de gran sensibilidad como es la denominada “mala praxis médica”, ya que genera discusiones entre profesionales de la salud y abogados, y sobre el cual nos urge delinear algunas alternativas para su gestión –como uno de los tipos de conflictos que aborda la conflictología sanitaria-, mediante la combinación de los principios del Derecho de la Salud y los métodos de resolución alternativa de controversias (RAC).
Nos hemos ocupado de describir el fenómeno que se ha instalado en nuestra sociedad, que se lo conoce como “judicialización de la salud” o, como lo denomina el académico Víctor Abramovich, la “rutinización” de los reclamos vinculados con el derecho a la salud interpuestos por pacientes que procuran obtener la protección judicial de su derecho.
Y en el tipo de conflicto que nos ocupa -que involucra al equipo de salud y a los pacientes- se habla de “mala praxis médica”, “industria del juicio”, “caranchos de la salud”, “enfermedad de la judicialización”, “Síndrome Judicial” y hasta “Justicia terapéutica”. Se encuentra asimismo  en la tabla de materias del fuero civil y comercial del Poder Judicial de la provincia de Buenos Aires como “Daños y perjuicios por responsabilidad profesional”.
Según el estudio de la mediación prejudicial obligatoria realizado por el Programa de Naciones Unidas para el Desarrollo –Argentina y la Fundación Libra, “la cantidad de juicios por mala praxis médica aumentaron anualmente a partir del año 2003. Esta alza podría estar relacionada con el mayor conocimiento por parte de la población de la posibilidad de realizar su reclamo en el marco de la figura de mala praxis. Puede mencionarse que la difusión masiva de este concepto es relativamente reciente al haber aumentado la importancia de los sectores proveedores de servicios profesionales en el marco de la economía nacional.
De acuerdo con los datos de la Superintendencia de Seguros de la Nación se ha observado que la estructura de la cartera de juicios (incluyendo mediaciones abiertas) al año 2009 es de 147.468 siniestros, con preponderancia de los ramos automotores (65,4%), seguido por el transporte público de pasajeros (16,8%) y luego por responsabilidad civil (11,5%), que en conjunto representan el 93,7%.
La opinión de las compañías que se dedican a seguros de responsabilidad civil por praxis médica, sostiene el valor de la mediación y no manifiestan dificultades respecto del cálculo de la reserva, que desde octubre de 2009 se cambió por disposición de la SSN. Consideran que la instancia de mediación prejudicial obligatoria otorga la oportunidad de hacer un análisis de viabilidad jurídica, lo que genera un nivel interesante de reclamos que se desisten. Se pronuncian a favor de “nacionalizar la mediación” haciéndola obligatoria y previa al juicio en las restantes provincias. Correlativamente, de los datos proporcionados por la SSN se aprecia que el porcentaje de mediaciones que se desisten alcanza al 25% de las iniciadas, mayor que el 15% correspondiente a los reclamos relacionados al automotor.”
Ello nos lleva a presentar algunas conceptualizaciones iniciales para llegar a comprender el núcleo central de esta propuesta.

This article is the transcription of the panel discussion held at the Alternative Dispute Resolution Section of the Association of American Law School’s 1994 annual meeting on the topic of “What Happens When Mediation is Institutionalized?” Panel members are James Alfini, John Barkai, Robert Baruch Bush, Michele Hermann, Jonathan Hyman, Kimberlee Kovach, Carol Liebman, Sharon Press, and Leonard Riskin

A Book Summary on "Getting to YES" A book by Roger Fisher and William Ury, with Bruce Patton as Editor The book, "Getting to YES", co-created by Fisher and Ury, is a manual for the laymen to using negotiation techniques that are based on principles, as opposed to positional bargaining, that is thought to be a facilitator for rather less successful negotiations. This so-called positional bargaining is the type that happens when two people reach an arbitrary compromise. In arbitrary compromise, the interests of two people are usually left partially unaddressed, as both have sacrificed a part of one's interest in order to cater to the other. The danger of positional bargaining is that it can produce unwise agreements and also decisions that are detrimental to the relationship between the two because one may concede or yield to the other in order to hasten the process of negotiation. In conceding or yielding, one has already failed to acknowledge his or her interests. In addition to such, a negotiation that considers the relationship of both parties leads to a rather sloppy agreement. On the other hand, a principled negotiation is the type that transcends to a more creative and wise outcomes to conflicts that cater to the interests of both sides. This type of negotiation separates the people from the problem, focuses on interests and not positions, generates a variety of possibilities before deciding what to do, and insists that the result be based on some objective standard. This so-called principled negotiation is the central topic of the book. The authors introduce the book by addressing the reason why there is a need to understand negotiation. It is, as the authors suggest, a universal problem that is dealt with by all of us. Negotiation is somehow inherent in our day-today transactions to face negotiations. However, much to our dismay, this everyday transaction is not an easy fit. As the book suggests, we often negotiate by way of arbitrary compromise. We consider less of our interests and think of the relationship and the person we are negotiating with. In this type of negotiation, people tend to be faced with a dilemma. Meaning, people tend to see negotiation as either soft or hard. The soft negotiator, as the adjective suggests, is the type to consider the relationship between the persons and readily concede in order to reach to an agreement. In the end, this type of negotiator often feels exploited and feeling as if his or her interests were below the interests of the other. In the contrary, a hard negotiator sees the negotiation as a competition; whoever holds his ground the longest fares better and can

A Justiça Restaurativa encara o crime como um mal causado, acimade tudo, a pessoas e comunidades. A ênfase no dano implica considerarantes de mais nada as necessidades da vítima e a importância desta noprocesso legal. Implica, ademais, em responsabilidade e compromissoconcretos do infrator, que o sistema de justiça convencional interpretaexclusivamente através da pena, imposta ao condenado para compensaro dano, mas que, infelizmente, na maior parte das vezes, é irrelevante eaté mesmo contraproducente.

The present paper analyzes the concept of ‘arbitrability’ in the context of construction disputes arising out of contracts with public authorities from a Bulgarian law perspective. What disputes are arbitrable under Bulgarian law? Are construction disputes with public authorities arbitrable and, if yes, are there any special rules that would apply so that the dispute becomes eligible for resolution by arbitration? What is the recent court practice on these issues? The answer to these and other questions related to the arbitrability of construction disputes
with public authorities can be found in this analysis. (Note: the paper is in English)

Traditional ideas of mediator neutrality and impartiality have come under increasing attack in recent decades. There is, however, a lack of consensus on what should replace them. Mediation Ethics offers a response to this question, developing a new theory of mediation that emphasises its nature as a relational process.

The authors argue that mediation ethics should move away from the untenable notions of mediator neutrality and impartiality and towards a focus on party self-determination. They supplement this focus with a view of mediation ethics as emerging dynamically from the efforts of mediators to respond to the unique needs and interests of the parties. This new paradigm provides the basis for a picture of the mediation profession as a community with its own internal standards of excellence, as well as a more sophisticated and realistic ethical framework for mediation practice.

Academics in law, social work and psychology will appreciate the book's nuanced account of the dynamics of mediation as a dispute resolution process. Mediation practitioners, including lawyers, social workers and counselors, will find the book a practical and helpful guide to addressing ethical dilemmas. And students of mediation will benefit from the book's clear and up to date overview of the development and principles of mediation ethics.