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
Date Written: September 9, 2011
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
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