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Articles 31 - 60 of 93
Full-Text Articles in Law
Ph.D. In Dispute Resolution Student Handbook, Nova Southeastern University
Ph.D. In Dispute Resolution Student Handbook, Nova Southeastern University
College of Arts, Humanities, and Social Sciences Course Catalogs
No abstract provided.
School Of Social And Systemic Studies Catalog 2000-2001, Nova Southeastern University
School Of Social And Systemic Studies Catalog 2000-2001, Nova Southeastern University
College of Arts, Humanities, and Social Sciences Course Catalogs
No abstract provided.
Adr, The Judiciary, & Justice: Coming To Terms With The Alternatives, Erin Ryan
Adr, The Judiciary, & Justice: Coming To Terms With The Alternatives, Erin Ryan
Erin Ryan
[This student note is the closing chapter of the Harvard Law Review “Developments in the Law” issue for the year 2000, devoted to developments in civil litigation.] Any discussion of recent developments in civil litigation must address the virtual revolution that has taken place regarding alternative dispute resolution (ADR). Attorneys have witnessed a steady growth in their clients' recourse to ADR in place of lawsuits, and ADR is increasingly incorporated into the litigation process by the judiciary itself—in the form of court-annexed arbitration, mediation, summary jury trials, early neutral evaluation, and judicial settlement conferences. “Alternative” models of dispute resolution have …
Alternative Dispute Resolution And The Potential For Gender Bias, Leigh S. Goodmark
Alternative Dispute Resolution And The Potential For Gender Bias, Leigh S. Goodmark
Faculty Scholarship
No abstract provided.
Setting Arbitrators' Fees: An International Survey, John Y. Gotanda
Setting Arbitrators' Fees: An International Survey, John Y. Gotanda
Vanderbilt Journal of Transnational Law
This Article examines the compensation policies of international arbitrators. Specifically, the Article details the results of a survey of individuals who practice in the area of international arbitration.
Initially, the Article describes the different methods of calculating the fees of the arbitral tribunal, discussing the relative advantages and disadvantages of each method. The study concludes that most arbitrators calculate their fees using a time-based method, except when the arbitral institution requires that their fees be determined under the ad valorem method.
Next, the Article examines arbitrators' policies regarding cancellation and commitment fees. Survey results highlighted confusion about whether arbitrators were …
The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck
The Liability Of International Arbitrators: A Comparative Analysis And Proposal For Qualified Immunity, Susan Franck
Articles in Law Reviews & Other Academic Journals
With the advent of the global economy and the increasing number of international commercial transactions, arbitration has become an important dispute resolution option. Arbitration is traditionally extolled because it helps to resolve commercial disputes economically, confidentially, and finally within a neutral forum.' Additionally, unlike national court judgments, arbitration provides an internationally recognized method for enforcing awards.' As a result of these benefits, arbitration is now the preferred dispute resolution mechanism for international commercial disagreements. Unfortunately, because of perceived misconduct by arbitrators and the risk of party manipulation, the arbitration process has come under increasing attack through civil actions against arbitrators.
Toward More Sophisticated Mediation Theory, John M. Lande
Toward More Sophisticated Mediation Theory, John M. Lande
Faculty Publications
In the lead article in this symposium, Professor Jeffrey Stempel provides a very thoughtful analysis of the mediation field. He focuses on the debate over facilitative and evaluative mediation and he is critical of many of the arguments made by proponents of facilitative mediation. I have expressed some similar concerns, and I generally agree with his analysis (with a quibble here and there). I do think that the facilitation-evaluation debate has been productive (though admittedly wearisome), and that proponents of facilitative mediation deserve more credit than he gives them in his article.
The Role Of Dispute Settlement In World Trade Law: Some Lessons From The Kodak-Fuji Dispute, John Linarelli
The Role Of Dispute Settlement In World Trade Law: Some Lessons From The Kodak-Fuji Dispute, John Linarelli
Scholarly Works
No abstract provided.
Contract Reading' In Labor Arbitration, Theodore J. St. Antoine
Contract Reading' In Labor Arbitration, Theodore J. St. Antoine
Articles
A quarter century ago, I used the phrase "contract reader" to characterize the role an arbitrator plays in construing a collective bargaining agreement. This phrase has almost invariable been misunderstood to refer to reading or interpreting the contract. When I spoke of the "contract reader," it was in the context of judicial review of an award. My point was this: When a court has before it an arbitrator's award applying a collective bargaining agreement, it is as if the employer and the union had signed a stipulation stating: "What the arbitrator says this contract means is exactly what we meant …
Framing Frivolous Litigation: A Psychological Theory, Chris Guthrie
Framing Frivolous Litigation: A Psychological Theory, Chris Guthrie
Vanderbilt Law School Faculty Publications
This Article uses an often-overlooked component of prospect theory to develop a positive theory of frivolous or low-probability litigation. The proposed Frivolous Framing Theory posits that the decision frame in frivolous litigation induces risk-seeking behavior in plaintiffs and risk averse behavior in defendants. Because plaintiffs in frivolous litigation have a greater tolerance for risk than the defendants they have sued, plaintiffs in frivolous litigation have "psychological leverage" in settlement negotiations, which is likely to lead to plaintiff-friendly settlements or bargaining impasse. This in turn, suggests that reformers concerned about frivolous litigation should target reform efforts at plaintiffs' decisionmaking in frivolous …
The Development Of Arbitration In The Resolution Of Internet Domain Name Disputes, Christopher S. Lee
The Development Of Arbitration In The Resolution Of Internet Domain Name Disputes, Christopher S. Lee
Richmond Journal of Law & Technology
Web surfers who use the AltaVista Internet search engine may not realize that in 1998, Compaq Computer Corporation paid $3.3 million for the rights to the domain name AltaVista.com. A year later, eCompanies paid $7.5 million for the domain name business.com. And in February of 2000, Bank of America paid $3 million for the domain name loans.com. These transactions demonstrate that the ownership, transfer, and control of Internet domain names is a multi-million dollar industry.
Negotiating In The Shadow Of Outlaws:* A Problem-Solving Paradigm For Unconventional Opponents, Stephanie R. Nicolas
Negotiating In The Shadow Of Outlaws:* A Problem-Solving Paradigm For Unconventional Opponents, Stephanie R. Nicolas
Florida State University Journal of Transnational Law & Policy
No abstract provided.
International Commercial Arbitration: A Case Study Of The Areas Under Control Of The Palestinian Authority, Marshall J. Breger
International Commercial Arbitration: A Case Study Of The Areas Under Control Of The Palestinian Authority, Marshall J. Breger
Scholarly Articles
One necessary component to the success of the Israeli-Palestinian peace process is economic development and growth in the area under the control of the Palestinian Authority (PA). One of the principal requirements for economic growth, and quite possibly for the Palestinian Authority's economic survival, is foreign investment in the West Bank and Gaza (WBG). As they currently exist, laws concerning foreign investment in WBG are a quagmire. Indeed, it is a challenge for an investor to simply identify which law applies to which area, let alone to interpret the law. At the same time many of the protections often found …
Can Informed Consent Preserve The Integrity Of Mediation?, Maureen Laflin
Can Informed Consent Preserve The Integrity Of Mediation?, Maureen Laflin
Articles
No abstract provided.
Adr, The Judiciary And Justice: Coming To Terms With The Alternatives, Erin Ryan
Adr, The Judiciary And Justice: Coming To Terms With The Alternatives, Erin Ryan
Faculty Publications
No abstract provided.
Preserving The Integrity Of Mediation Through The Adoption Of Ethical Rules For Lawyer-Mediators, Maureen Laflin
Preserving The Integrity Of Mediation Through The Adoption Of Ethical Rules For Lawyer-Mediators, Maureen Laflin
Articles
No abstract provided.
Promoting The Best Interests Of Children Whose Parents Are Divorcing: The Next Steps For Arkansas, Kenneth S. Gallant
Promoting The Best Interests Of Children Whose Parents Are Divorcing: The Next Steps For Arkansas, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Arbitration: Arbitration In The 21st Century: Where We've Been, Where We're Going, Todd Baker
Arbitration: Arbitration In The 21st Century: Where We've Been, Where We're Going, Todd Baker
Oklahoma Law Review
No abstract provided.
Judicial Review Of Arbitration Awards On Public Policy Grounds: Lessons From The Case Law, Ann C. Hodges
Judicial Review Of Arbitration Awards On Public Policy Grounds: Lessons From The Case Law, Ann C. Hodges
Law Faculty Publications
A review of the case law demonstrates that most of the labor arbitration awards challenged on public policy grounds involve reinstatement of discharged employees. This article analyzes 138 private sector federal cases in which labor arbitration ·awards have been contested on public policy grounds. All the cases reviewed are discharge cases in which arbitration awards reversing the terminations were challenged. The article attempts to determine the factors that influence courts to uphold or overturn arbitration awards. This analysis will provide assistance to arbitrators in writing opinions that are less subject to challenge, and to employers, unions, and their attorneys in …
Role Of Federal Courts In Assisting International Arbitration - National Broadcasting Co. V. Bear Stearns & (And) Co., The, Thurston K. Cromwell
Role Of Federal Courts In Assisting International Arbitration - National Broadcasting Co. V. Bear Stearns & (And) Co., The, Thurston K. Cromwell
Journal of Dispute Resolution
This Note examines a Second Circuit decision that determined private, international arbitration proceedings do not qualify for the same discovery assistance as do foreign, governmental proceedings under 28 U.S.C. § 1782 ("§ 1782"). This Note will focus on the Second Circuit's controversial interpretation of § 1782 and its impact on the future of private, international arbitration.
Mandatory Arbitration: Bane Or Boon?, Theodore St. Antoine
Mandatory Arbitration: Bane Or Boon?, Theodore St. Antoine
Other Publications
Buy a new car that turns out to be a lemon and you may find you can't sue. Fine print in the sales contract often restricts you to arbitration. That means presenting your case before a private person instead of a judge and jury. And the arbitrator may be someone drawn from a panel compiled by the car seller.
A Problem Of Process In Wto Jurisprudence: Identifying Disputed Issues In Panels And Consultations, Glenn R. Butterton
A Problem Of Process In Wto Jurisprudence: Identifying Disputed Issues In Panels And Consultations, Glenn R. Butterton
Articles
No abstract provided.
Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel
Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
Constitutional Gravity: A Unitary Theory Of Alternative Dispute Resolution And Public Civil Justice, Richard C. Reuben
Constitutional Gravity: A Unitary Theory Of Alternative Dispute Resolution And Public Civil Justice, Richard C. Reuben
Faculty Publications
Under the traditional bipolar model, civil dispute resolution is generally divided into two spheres: trial, which is public in nature and therefore subject to constitutional due process, and alternative dispute resolution (ADR), which is private in nature and therefore not subject to such constraints. In this article, Professor Richard Reuben proposes a unitary understanding of public civil dispute resolution, one that recognizes that ADR is often energized by state action and thus is constitutionally required to comply with minimal but meaningful due process standards. Depending upon the process, such standards might include the right to an impartial forum, the right …
Transforming Cultural Conflict In An Age Of Complexity, Michelle Lebaron
Transforming Cultural Conflict In An Age Of Complexity, Michelle Lebaron
All Faculty Publications
This article will survey several definitions of culture, arguing that the most useful approach is to define culture broadly and to recognize its significance to most or all conflicts. Some of the ways that culture affects conflicts will be outlined, accompanied by examples. These include: culture as a lens that both facilitates and blocks effective communication; culture and world view differences as the subject of conflicts; and conflicts related to identity and recognition as facets of cultural differences. Further discussed are Western models of third party intervention, inviting readers to examine the values and assumptions underlying them. Challenges inherent in …
Future Of Adr - The Earl F. Nelson Memorial Lecture, The, Frank E. A. Sander
Future Of Adr - The Earl F. Nelson Memorial Lecture, The, Frank E. A. Sander
Journal of Dispute Resolution
Because I've been fortunate to observe the ADR scene for much of its recent development, I'm often asked my views of where we stand now. My somewhat flip answer is, "On Monday, Wednesday and Friday, I think we've made amazing progress. On Tuesday, Thursday and Saturday, ADR seems more like a grain of sand on the adversary system beach." So I think we have a way to go. Let me try to elaborate a little on those thoughts
Continuing The Conversation About The Current Status And The Future Of Adr: A View From The Courts, Wayne D. Brazil
Continuing The Conversation About The Current Status And The Future Of Adr: A View From The Courts, Wayne D. Brazil
Journal of Dispute Resolution
In this essay I would like to complement the picture that Professor Sander has presented by adding information about and commentary from the perspective of the courts. After offering some general observations about the current status of ADR in the courts, I will describe what I think the near-term future looks like. Then I will articulate values that we need to take special care to preserve in court-sponsored ADR programs. I also will identify dangers that we, as courts, must try to avoid on the road ahead. Along the way, I will respond specifically to three of the concerns that …
Variations In Mediation: How - And Why - Legal Mediators Change Styles In The Course Of A Case, Dwight Golann
Variations In Mediation: How - And Why - Legal Mediators Change Styles In The Course Of A Case, Dwight Golann
Journal of Dispute Resolution
I will seek to show in this article that professional legal mediators in fact use a variety of styles, and that they change their approach constantly during a single mediation, even within a single meeting with a disputant. I will argue that these stylistic changes are the norm rather than the exception in the mediation of civil legal disputes and that the use of evaluative techniques is also frequent, even among those mediators who favor a broad, facilitative approach. Finally, I will describe the contrasting styles that the filmed mediators used in the same dispute and argue that these variations …