2024-03-28T15:15:25Z
https://soar-ir.repo.nii.ac.jp/oai
oai:soar-ir.repo.nii.ac.jp:00020654
2023-03-07T05:54:42Z
310:312:1810:1922
AKRASIA IN MEDIATION AND IN THE ADHESION TO ARBITRATION PROCESSES
Celia, Regina Zapparolli
ADR
Akrasia
Weakness of Will
Labor
Domestic Violence
In this article we propose, still in an embryonic way, to analyze the Akrasia theme in the mediation pacts and the adhesion to arbitration processes.
For this purpose, we consider some critical subjects for ADRs and, the Right: the asymmetrical relations, the contexts of imbalance of powers (in this article, labor and, gender); the high degree of conflict and violence (as domestic), bringing particular questions that seem relevant to us.
In our point of view the Akrasia theme in ADRs is a significant field to research to a) understand how Akrasia can occur in the adhesion to arbitration and the pacts (settlements or agreements) in the mediation process; b) know how Akrasia can happen in asymmetrical relations and high degree of conflict and violence; c) identify instruments for overcoming Akrasia in ADRs and; d) understand if Akrasia would be able to invalidate the adhesion to ADRs and decision-making acts.
It is relevant to think and talk about Akrasia in ADRs that is currently encouraged by the Brazilian Judicial Justice Policies.
At these days, in Brazil, there is practically an epidemic phenomenon of ADRs chambers creation, projects in the Judiciary, and where we have quickly trained mediators and arbitrators, who start their work without a due reflection time, in a supposed new glamorous business market.
So, We are talking about Akrasia in ADRs, thinking about autonomy in the decision-making process, especially in delicate situations of asymmetry, bringing any particular questions that seem relevant to us, in this context and to this context.
Are we accepting Akrasia in arbitration adhesions and the mediation decision-making process, against the autonomy of the will? Is this an issue, a theme that interests just Brazil?
Article
信州大学経法論集 5(ブラジル・日本国際セミナー特集号) : 179-205(2019)
信州大学経法学部
2019-02-13
eng
departmental bulletin paper
VoR
http://hdl.handle.net/10091/00021412
https://soar-ir.repo.nii.ac.jp/records/20654
2432-5376
AA12777848
信州大学経法論集
5
179
205
https://soar-ir.repo.nii.ac.jp/record/20654/files/economics_law05-11.pdf
application/pdf
627.3 kB
2019-04-04