Here’s a common scenario: A senior executive employed in a managerial role in a client-facing, competitive industry obtains a similar position with a competing company. He or she announces their resignation. The executive’s employment agreement includes time-limited restrictions on employment by a competitor, soliciting the business of clients or customers, and hiring or recruiting employees … Continued
This article examines ancient dispute resolution in the Caribbean by first defining the time frame, outlining the location, and identifying the individuals involved. It then explores the use by the Taínos, the primary inhabitants of the Caribbean in ancient times, of batey, a ball match, to resolve community disputes. Time: What Do We Mean by ‘Ancient’? … Continued
Introduction Alternative dispute resolution (ADR) is not a recent innovation. It is deeply rooted in ancient cultures, including Africa, Asia, Latin America, and the Arab and Islamic culture. ADR has evolved alongside the development of the Arab and Islamic civilization for at least 2,000 years. Many Arab and Islamic jurisdictions have developed sophisticated systems for … Continued
Edna Sussman is one of the most influential figures in the dispute resolution community in New York and internationally. Her career – spanning big law, academia, and leadership in major dispute resolution organizations – exemplifies a commitment to excellence, innovation, and service to the profession. Sussman began her legal career at White & Case, where … Continued
Introduction I come from East Africa, Kenya. My emphasis in this article will therefore be on the region of East Africa and Kenya. East Africa (Kenya and Uganda) were divided into two segments when colonized by the British. These segments were the areas known as the protectorate and the colony. Whenever the colonialists could identify … Continued
As I begin my term as chair of the Dispute Resolution Section, I want to introduce myself, share a few strategic priorities, and extend a welcome to all of you – whether you are an active member or a person who has some level of interest in what we do – to help shape the … Continued
Curiosity has often led me to look for the origins of practices and beliefs. There are truly very few “original” ideas whose seeds were not planted earlier. But determining origins depends on understanding enough science, physics, or cosmology to know whether there were/are precursors or whether an idea is the product of spontaneous combustion. Applied … Continued
Introduction The narrative that domestic and international dispute resolution systems are Western inventions is increasingly challenged by scholarship highlighting Africa’s rich legal heritage.1 Drawing on ancient and traditional African approaches, including the work of the author, this article examines the historical continuity of law and philosophy in African dispute and conflict resolution systems. It shows how … Continued
This article comes primarily from oral traditional knowledge passed down from generation to generation through storytelling. It is through storytelling that lessons around grief and peace can be achieved. These stories have had impact on contemporary systems and still are implemented within Indigenous communities in the Northeastern continent of North America. This article outlines a … Continued
Transitions This journal was the brainchild of Edna Sussman and it was born with the Dispute Resolution Section, the first issue dated June 2008. I joined as co-editor in chief two years later, and Sherman joined us in 2014. Both Edna and Sherman have been chairs of the section, as have I. They have contributed … Continued