Saturday, October 10, 2009

Menkel-Meadow on Systemic Ethics Issues in Dispute System Design

Professor Carrie Menkel-Meadow (Georgetown & UC Irvine) has posted "Are There Systemic Ethics Issues in Dispute System Design? And What We Should [Not] Do About it: Lessons From International and Domestic Fronts," which will be published in the Harvard Negotiation Law Review.


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.


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