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Labour Relations In The Academy: A Case Study At The University Of Saskatchewan, Peter Mackinnon

Dalhousie Law Journal

In the wake of a protracted period of faculty unrest at the University of Saskatchewan, two decisions of the province's Labour Relations Board, and an award of a sole arbitrator will have more enduring significance than the dispute that engendered them. In this paper I propose to consider this trilogy and comment on its importance in an assessment of labour relations in an academic setting.

Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel

Journal of Dispute Resolution

The clouded case law of Section l's employment contract exception presents an opportunity to improve the fairness and function of the Arbitration Act, an opportunity the bench has failed to grasp for nearly a half-century. Part II of this article reviews the case law surrounding the judicial construction of what constitutes a "class of workers engaged in interstate commerce," with courts generally holding that the employment contract exception affects only workers directly involved in interstate movement of objects. This view fails to further the overall goals of the Act and undermines the judicial goal of fairness. Recently, the Supreme Court …

Pursuing Settlement In An Adversary Culture: A Tale Of Innovation Co-Opted Or "The Law Of Adr", Carrie Menkel-Meadow

Florida State University Law Review

No abstract provided.

Pursuing Problem-Solving Or Predictive Settlement, Craig A. Mcewen

Florida State University Law Review

No abstract provided.

Trashing, Bashing, And Hashing It Out: Is This The End Of "Good Mediation"?, James J. Alfini

Florida State University Law Review

No abstract provided.

Privileged Communication Extended To The Corporate Ombudsman-Employee Relationship Via Federal Rule Of Evidence 501, Kevin L. Wibbenmeyer

Journal of Dispute Resolution

While there is no universally accepted definition of a corporate ombudsman, many companies view a corporate ombudsman as a neutral manager within a corporation, who may provide informal assistance to both managers and employees in resolving work-related concerns and whose office is located outside of the management structure.2 Serious interest in utilizing a corporate ombudsman did not take a firm hold in the corporate arena until the 1900's.3 Reasons for increased interest in the corporate ombudsman include: an increasingly welleducated employee pool, changing laws and statutes, and stresses associated with huge increases in government contracting.4 Kientzy v. McDonnell Douglas Corp. …

Enforcement Of State Annexed-Arbitration Rules In Federal Courts With Diversity Jurisdiction: Towey V. Catling, John S. Mackey

Journal of Dispute Resolution

Both state and federal court systems are swamped with litigants. This fact is so widely recognized, repeating it almost seems unnecessary. Courts experiment with a variety of approaches just to pump some of this litigious bilge into alternative forums for resolution. The state of Hawaii sought to lighten its overburdened docket with a Court Annexed Arbitration Program.2 It provides for mandatory submission of certain tort claims to arbitration.' It is non-binding and either party may obtain a trial de novo at its conclusion.4 However, to do so is not without risk. Pursuit of a trial de novo gambles not only …

Consolidation Of Separate Arbitration Proceedings: The Effect Of The United States Arbitration Act On The District Court's Power Under Federal Rules Of Civil Procedure 42(A) And 81(A)(3), Andrew A. Davenport

Mercer Law Review

Arbitration is an extra-judicial dispute resolution technique whereby parties agree to have an impartial third person, or panel of persons, decide a dispute. The agreement to arbitrate may occur before the dispute arises, usually by including an arbitration clause in the contract, or after the dispute arises. Arbitration clauses frequently designate the location of the potential arbitration and the agency (such as the American Arbitration Association ("AAA")) that will administer the arbitration and by whose rules the arbitration will proceed.

Arbitration Allocates Costs Of Hazardous Waste Cleanup Claim Under Superfund, Nancy P. O'Brien

Journal of Dispute Resolution

With the growth in volume and complexity of environmental enforcement cases, alternative dispute resolution (ADR) has assumed increasing importance in the allocation of costs among liable parties. At the same time, the growth is less than might be expected because of obstacles in both the governmental and private sectors. This dichotomy is especially evident in cases involving pollution from hazardous wastes. 4

Confidentiality In Mediation: Status And Implications, Kent L. Brown

Journal of Dispute Resolution

Mediation is becoming an increasingly popular alternative to formal adjudication. Large mediation programs handling huge numbers of both civil and criminal cases have sprung up in several of the largest cities in the nation. In Tulsa, Oklahoma, when the police write a citation, they often write "mediation" in place of a dollar amount.' The mediation program in Columbus, Ohio, handled over 9,000 cases in a one year period.2 Of those 9,000 cases, 500 ultimately resulted in criminal charges, 3 and twelve resulted in one of the disputants murdering the other.4

Avoiding Farm Foreclosure Through Mediation Of Agricultural Loan Disputes: An Overview Of State And Federal Legislation, Donna L. Malter

Journal of Dispute Resolution

The use of credit played a major role in the growth of agricultural productivity in the United States.' In recent years, however, the financial distress faced by farmers resulted in a record number of farm foreclosures and bank closures in agricultural states. 2 Farm losses are concentrated in the mid-size farms, indicating that the owner-operated farm has been hit the hardest.3 The attendant social and economic turmoil faced by families and communities dependant on agriculture focused attention on the responsibility of federal and state government in preventing further losses within the families and communities that comprise the agricultural sector.

Right To Sue Vs. The Agreement To Arbitrate: The Dilemma In Title Vii Cases, The, Jennifer A. Clifton

Journal of Dispute Resolution

In enacting Title VII, Congress specifically gave employees who are victims of discrimination based on race, color, religion, sex, or national origin the opportunity for judicial redress through the federal courts.2 In Alexander v. Gardner-Denver Co.,3 the Supreme Court held that a Title VII suit could be maintained despite a clause in an employment contract providing for the arbitration of all employment disputes. After Alexander, two federal circuit courts followed the Supreme Court's ruling.4 However, a recent trio of Supreme Court decisions favoring contractual agreements for the arbitration of several statutorily-founded claims5 cast doubt upon the continued applicability of Alexander …

Feminist Theory, Professional Ethics, And Gender-Related Distinctions In Attorney Negotiating Styles, Lloyd Burton, Larry Farmer, Elizabeth D. Gee, Lorie Johnson

Journal of Dispute Resolution

Historically, law has been a male-dominated profession; only recently has it become possible to consider the woman's experience and perspective with respect to law practice generally and negotiation practice in particular. This paper addresses two gender-related issues: first, are there identifiable gender-related distinctions in the negotiating behavior of attorneys? Second, if there are discoverable differences, are they attributable to ethical perspectives linked to gender? In addressing these questions, this article begins by reviewing the literature on feminist theory, moral development, and negotiation theory. These themes are tied together in a review of the small but growing literature on negotiation ethics. …

Recent Developments: The Uniform Arbitration Act, Scott Blair, Amy Brice, Robert Carroll, Chuck Hatfield

Journal of Dispute Resolution

Since 1983, this annual Article 2 has been prepared to provide a survey of recent developments in the case law interpreting and applying the various state versions of the Uniform Arbitration Act3. The purpose is to promote uniformity in the interpretation of the U.A.A. by developing and explaining the underlying principles and rationales courts have applied in recent cases.

Injunctions Pending Arbitration: Do The Courts Really Have Jurisdiction, Elizabeth Phillips

Journal of Dispute Resolution

The issue of injunctive relief pending arbitration stems from the language of the Federal Arbitration Act (FAA), 5 which compels arbitration.16 The instant decision falls within the growing majority of cases holding that the issuance of an injunction to preserve the status quo pending arbitration fulfills the court's obligation under the FAA to enforce a valid agreement to arbitrate. 7

Jury-Determined Settlements And Summary Jury Trials: Observations About Alternative Dispute Resolution In An Adversary Culture, Neil Vidmar, Jeffrey Rice

Florida State University Law Review

No abstract provided.

Harmony, Law, And Anthropology, Daniel H. Levine

Michigan Law Review

A Review of Harmony Ideology: Justice and Control in a Zapotec Mountain Village by Laura Nader

The Selection Of Choice Of Law Provisions In International Commercial Arbitration: A Case For Contractual Depeҫage, Craig M. Gertz

Northwestern Journal of International Law & Business

One additional advantage of arbitration, the parties' ability to predetermine the law governing the resolution of the dispute, has gained growing recognition in recent years. This recognition, however, has been myopic to some extent. Some commentators see choice of law options confined either to the selection of one national legal system from several possibilities or to the selection of a single national, international, or anational legal system. Such a self-imposed limitation of the applicable law to one system of law often denies parties many of the benefits and powers allowed them in international commercial arbitration. As an alternative, an agreement …

International Transactions And Claims Involving Government Parties: Case Law Of The Iran-United States Claims Tribunal, Richard M. Mosk Reviewer, Nils Mangard Reviewer, Koorosh H. Ameli Reviewer

Vanderbilt Journal of Transnational Law

International Transactions and Claims Involving Government Parties: Case Law of the Iran-United States Claims Tribunal

By John A. Westberg

International Law Institute

Washington, D.C.: 1991. Pp. 412. $125.

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Richard M. Mosk - reviewer

Nils Mangard - reviewer

Koorosh H. Ameli - reviewer

The International Arbitrator: From The Perspective Of The Icc International Court Of Arbitration, Stephen R. Bond

Northwestern Journal of International Law & Business

In short, an arbitrator must have what Professor Pierre Lalive has called the "ability to judge," which implies a capacity to evaluate conflicting statements of law and/or fact and to have the wisdom, courage and expertise to reach and render a decision in such a way that the parties - and perhaps most of all the losing party - will recognize both the essential fairness of the procedure and the futility of efforts to overturn the award or oppose its execution. Only when this occurs, as happens in about ninety percent of ICC cases, can arbitration truly achieve the relative …

Mediation Services: Successes And Failures Of Site-Specific Alternative Dispute Resolution, Leonard F. Charla, Gregory J. Parry

Villanova Environmental Law Journal

No abstract provided.

Alternative Methods Of Resolving Environmental Disputes, Editors

Villanova Environmental Law Journal

No abstract provided.

Struggle Over Consolidation Of Arbitration Proceedings Continues: The Eighth Circuit Chooses Sides, The, Scott E. Blair

Journal of Dispute Resolution

In response to rising litigation costs and overburdened court dockets, parties are realizing the opportunity to resolve disputes more efficiently through the use of arbitration. 2 To ensure access to arbitration, parties are including provisions in contracts requiring arbitration of future disputes.3 Courts enforce these agreements pursuant to the Federal Arbitration Act (FAA), 4 originally adopted by Congress in 1925, which officially acknowledged the validity of private agreements to arbitrate.5 As a result, courts are faced with procedural issues, such as consolidation of separate arbitration proceedings, in their attempt to enforce the contracts in accordance with the parties' agreement. 6 …

Statutory Claims Under Erisa: Is Arbitration The Appropriate Forum, Amy L. Brice

Journal of Dispute Resolution

The Employment Retirement Income Security Act of 1974 (ERISA) 2 provides a regulatory scheme for the myriad of employee benefit plans that affect so many workers and their families today. 3 One ERISA issue is whether claims under the Act may be arbitrated or if they must be heard in a judicial forum. The Supreme Court has not yet spoken on this issue, but the district court in Southside Internists Group PC Money Purchase Pension Plan v. Janus Capital Corp. relied on the Supreme Court's determinations of arbitrability in various other cases 4 to conclude that ERISA claims may be …

Union Representation Election Reform: Equal Access And The Excelsior Rule, Randall J. White

Indiana Law Journal

No abstract provided.

Trial By Jury

Touro Law Review

No abstract provided.

Non-Lawyers In International Commercial Arbitration: Gathering Splinters On The Bench, James E. Meason, Alison G. Smith

Northwestern Journal of International Law & Business

In light of the frequent appearance of arbitration clauses in international contracts, and the volume of litigation handled in this manner, international commercial arbitration' has become a favorite subject of commentators who have primarily focused on the relative benefits of arbitration versus litigation and cross-institutional rules comparisons. One area that has received scant attention is the factors concerning the actual selection of particular individuals to serve as arbitrators. This article looks at how arbitrators are chosen today within the institutional context. Following this are general discussions of selected professions for indications of their members' inherent suitability for and adaptability to …

Recent Developments In Inter-American Commercial Arbitration, Charles Robert Norberg

Northwestern Journal of International Law & Business

Arbitration has become an effective procedure for resolving international commercial disputes in the Western Hemisphere. A framework of treaties exists, establishing substantive law and procedure for that purpose. The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) has been ratified by sixteen Western Hemisphere countries. The Inter-American Convention on International Commercial Arbitration (1975) has been ratified by thirteen countries. Furthermore, the World Bank's Convention establishing the International Centre for the Settlement of Investment Disputes has been ratified by four Latin American countries and six anglophobe Western Hemisphere countries and it has been signed but not …

Title Page

Journal of Dispute Resolution

No abstract provided.

Is Settlement Conditioned On Vacatur An Option - Should It Be, Elizabeth L. Anstaett

Journal of Dispute Resolution

Currently, whether a court grants or denies a motion to vacate resulting from settlement depends more on the particular court in which the request is made, than on the facts of the case and the effect of vacatur. Courts not permitting vacatur have expressed the fear that parties sensing they are going to lose will "buy their way out of an unfavorable precedent often at the relatively cheap price asked by the single opponent they face in that appeal."1 Other courts routinely grant requests for vacatur. Settlements conditioned on the court's granting vacatur, and thereby avoiding precedent or issue preclusion, …