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Ruminations on the 'Culture' of Law: Recognizing an Inevitable Influence on the Evolution of Dispute Resolution Alternatives

Journal of Alternative Dispute Resolution in Employment, Vol. 2, No. 1, p. 4, Spring 2000

3 Pages Posted: 9 Sep 2011  

James Richard Coben

Hamline University School of Law

Date Written: September 9, 2011

Abstract

Legal “culture” supports a central tenet: that “truth” matters, that “truth” is discernible and that discovering or adjudicating “truth” -- especially the “truth” of past events, is possible, valuable, and in the end will help resolve and eliminate conflict. But should we be so certain of the efficacy and promise of the “historical fact” model of dispute resolution? Does it accurately reflect the reality of how people experience and reflect upon conflict, especially when it occurs in the tight-knit atmosphere of the contemporary workplace?

Keywords: mediation, alternative dispute resolution, ADR, ethics, justice, multi-cultural, cross-cultural, worldview, self-determination, neutrality

Suggested Citation

Coben, James Richard, Ruminations on the 'Culture' of Law: Recognizing an Inevitable Influence on the Evolution of Dispute Resolution Alternatives (September 9, 2011). Journal of Alternative Dispute Resolution in Employment, Vol. 2, No. 1, p. 4, Spring 2000. Available at SSRN: https://ssrn.com/abstract=1923974

James Richard Coben (Contact Author)

Hamline University School of Law ( email )

1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States

HOME PAGE: http://law.hamline.edu/james-coben.html

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