Daniel Del Gobbo, ‘Queer Dispute Resolution’

ABSTRACT
In Anglo-American legal discourse, the juridical subject of dispute resolution has traditionally been conceived as a bearer of rights or a bearer of interests: rights, in the model of liberal legalism that regards adjudication (ie court and tribunal processes) to be the preferred means of resolving disputes in the adversarial tradition; or interests, in an alternative or complementary model that regards consensual dispute resolution (ie negotiated and mediated settlement processes) to be the preferred means of resolving disputes in the non-adversarial tradition. This article explores the ethical implications of reframing the bearer of interests as a bearer of desires. This is more than just semantics …

Del Gobbo, Daniel, Queer Dispute Resolution (2019). (2019) 20 Cardozo Journal of Conflict Resolution 283.

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