Are There Systemic Ethics Issues in Dispute System Design? And What We Should [Not] Do About it: Lessons from International and Domestic Fronts

38 Pages Posted: 12 Sep 2009 Last revised: 23 Sep 2009

Carrie Menkel-Meadow

University of California Irvine, School of Law; Georgetown University Law Center

Date Written: September 12, 2009

Abstract

This paper reviews ethical issues that occur when systems of dispute resolution are designed for organizations, institutions and situations of iterated disputing and grievances. It explores the state of the art of the field and suggests that ethics codes can be both inductively and deductively derived. After reviewing some ethics issues in both domestic (US) and international contexts, some key ethics issues are described but it is also suggested that the field is too new and under "professionalized" for the formal development of an ethics codes at this point, though some general principles of good practices can be identified.

Keywords: ethics, dispute system design, process

JEL Classification: K10

Suggested Citation

Menkel-Meadow, Carrie, Are There Systemic Ethics Issues in Dispute System Design? And What We Should [Not] Do About it: Lessons from International and Domestic Fronts (September 12, 2009). Harvard Negotiation Law Review, Vol. 14, pp. 195-231, 2009; UC Irvine School of Law Research Paper No. 2009-24; Georgetown Public Law Research Paper 1471403. Available at SSRN: https://ssrn.com/abstract=1471403

Carrie J. Menkel-Meadow (Contact Author)

University of California Irvine, School of Law ( email )

401 E. Peltason Drive
Irvine, CA 92697-1000
United States
949-824-1987 (Phone)

Georgetown University Law Center ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States
202-662-9379 (Phone)
202-662-9412 (Fax)

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