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Full-Text Articles in Law
Book Review: Bennett Explains Arbitration Fundamentals, Without The Legalese, Amy J. Schmitz
Book Review: Bennett Explains Arbitration Fundamentals, Without The Legalese, Amy J. Schmitz
Faculty Publications
At the outset of the book, Steven Bennett expresses "fervent hope that this book will be of use to lawyers, law students and business people interested in learning the fundamentals of arbitration law." The book therefore focuses on fundamental, or basic, arbitration concepts and norms. It does not purport to provide in-depth discussion and analysis of arbitration law, but instead serves as a shelf reference or primer that promises to achieve Bennett's goal.
Ashcroft Sends Signal Of Support For Adr In Justice Dept., Richard C. Reuben, Kevin R. Kemper
Ashcroft Sends Signal Of Support For Adr In Justice Dept., Richard C. Reuben, Kevin R. Kemper
Faculty Publications
In his first public comments on the issue, U.S. Attorney General John Ashcroft signaled his support for the Justice Department's longstanding commitment to the use of alternative dispute resolution options.
Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John M. Lande
Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John M. Lande
Faculty Publications
This article discusses what can be done to promote productive behavior in mediation and reduce bad conduct. Although most participants do not abuse the mediation process, some people use mediation to drag out litigation, gain leverage for later negotiations, and generally wear down the opposition. Rules requiring good-faith participation are likely to be ineffective and possibly counterproductive. This article proposes using dispute system design principles to develop policies satisfying the interests of stakeholders in court-connected mediation programs. After outlining important interests of key stakeholder groups, including litigants, attorneys, courts, and mediators, the Article describes specific policies that could satisfy their …
Ending A Mud Bowl: Defining Arbitration’S Finality Through Functional Analysis, Amy J. Schmitz
Ending A Mud Bowl: Defining Arbitration’S Finality Through Functional Analysis, Amy J. Schmitz
Faculty Publications
The Federal Arbitration Act (FAA) and Uniform Arbitration Act (UAA), on the state level, prescribe a nearly identical procedural and remedial scheme for promoting independent, self-contained arbitration. To that end, both acts curtail courts' review of arbitration awards, by limiting the grounds for vacating awards to those aimed at ensuring only basic procedural fairness. Nonetheless, seemingly "pro-arbitration" impulses have driven some courts' eager application, or misapplication, of the FAA/UAA statutory scheme to enforce dispute resolution agreements that reject the acts' limited review prescriptions. This Article tackles this arguable abuse of the FAA/UAA scheme, by proposing a functional analysis for defining …