optimism, that is, the parties holding different beliefs as to the distribution of z, would also impact the size and location of the contract zone.
For example, the Dominant View expects the lawyer to give advice to the disputant
that it would be better to file the lawsuit in state court rather than federal court, or that the complaint should include causes of action in both contract and tort.
According to him, Yugoslavia was not a case of decolonization, nor did the disputant
parties in the conflict agree that their respective borders would be determined by the principle of uti possidetis.
Moreover, as conflicts during the Cold War often took place between a regional organization's members, disputants
were reluctant to use the organizations to resolve their conflicts for fear of other members' partiality.
However, other aspects of the FAA or American law may be applicable if a disputant
is otherwise challenging the validity or enforcibility of arbitration agreements providing for foreign venue or application of foreign law.
Within the process of conflict resolution, solution finding is a matter of identifying what contributions each disputant
can make to resolving the problem, evaluating those possible actions in light of their practicality and consequences, and reaching agreement regarding what will be done.
Autonomy and Power Imbalance Commentators
44) Absent custom-designed arbitration processes tailored to specific disputant
needs and dispute characteristics, (45) substantial time and money is often spent selecting arbitrators (46) and wrangling about information gathering.
To be sure, if we consider a disputant
an epistemic peer and we wish to retain our position, we should seek new evidence for it or a least find a basis for thinking the disputant
is not as rational or as conscientious in appraising the issue.
In the case of a workplace dispute referred by a supervisor, however, the mediator should consider not respecting confidentiality in two areas: First, if a resolution is reached, the agreement needs to be put in writing and sent back to the supervisor to use as a tool to ensure both employees abide by its terms in the future; second, if a disputant
refuses to participate in the mediation, the mediator needs to stop the process and inform the supervisor of the employee's actions.
for full disputant
participation in proof gathering and legal argument,
Bargaining proceeds as follows: Each disputant
is free to make any offer she likes to the other disputant
at any time.