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Alternatives to the High Cost of Litigation
INTERNATIONAL INSTITUTE FOR CONFLICT PREVENTION & RESOLUTION VOL. 27 NO. 8 SEPTEMBER 2009 To End and Prevent Wars Between States: Negotiate, Don't Litigate BY LINDA STAMATO AND SANFORD M. JAFFE When conflicts reach across state borders, negotiations are far preferable to litigation as a way to produce solutions that work. For land-use disputes, and the critical issues of access to and management of water resources' where regional cooperation can make a constructive difference'negotiations are essential. Court-imposed “solutions” rarely work because, with these issues, a public consensus is critical. Absent consensus, an arbitrary, win/lose decision, which seems coercive, is difficult to implement....[read whole newsletter] |
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