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Consumer Problems And Adr: An Analysis Of The Federal Trade Commission-Ordered General Motors Mediation And Arbitration Program, Arthur Best
Journal of Dispute Resolution
This Article evaluates a controversial mediation and arbitration program established by General Motors (GM) for owners of certain cars. It began in 1984, under the terms of a Federal Trade Commission (FTC) consent order settling charges that GM had deceptively failed to inform buyers that particular models of cars contained components that had unusually low durability. When the settlement was proposed, debate centered on whether the public interest would be served best by: 1) creation of mediation and arbitration opportunities for individual owners; or 2) prosecution of a single action seeking uniform compensation for all owners. One commissioner feared that …
Arbitration Awards In Uninsured And Underinsured Motorist Insurance Provisions: Which Public Policy To Apply - Mendes V. Automobile Insurance Co. Of Hartford, L. Dean Wilson
Journal of Dispute Resolution
This Note examines how the Connecticut Supreme Court handled a case involving an automobile insurance policy that called for arbitration of disputes concerning uninsured and underinsured motorist coverage, but allowed either party to demand a trial de novo if unsatisfied With the arbitration award.
Recent Developments: The Uniform Arbitration Act, Gregory K. Barnes, Cynthia R. Bradley-Bishop, Michele Carroll, Richard W. Fischer
Recent Developments: The Uniform Arbitration Act, Gregory K. Barnes, Cynthia R. Bradley-Bishop, Michele Carroll, Richard W. Fischer
Journal of Dispute Resolution
Arbitration as a forum for dispute resolution has been a part of the American common law heritage for at least the past one hundred fifty years. However, until recently, state law was almost uniformly biased against arbitration.2 The theory at common law was that either party to an agreement to arbitrate future disputes could void the agreement at any time.3 This legal environment rendered the institution of arbitration impotent in any situation in which one of the parties decided that their interests would be better served if the dispute was resolved in a more traditional court setting
Context, Properties, And Constitutionality Of Nonconsensual Arbitration: A Study Of Four Systems, The, John R. Allison
Context, Properties, And Constitutionality Of Nonconsensual Arbitration: A Study Of Four Systems, The, John R. Allison
Journal of Dispute Resolution
The purpose of this article is to analyze the context, properties, and constitutionality of these instances of nonconsensual arbitration. Although FIFRA data arbitration and the constitutional challenges to which it has been subjected will receive the most extensive study, the other examples also will be explored in some detail. It is first necessary, however, to lay some groundwork. Each of the nonconsensual arbitration systems to be studied, including FIFRA data arbitration, draws the inspiration for its design and operation from contract-based commercial arbitration. To aid in the understanding of the former, Part II discusses the fundamental nature and legal framework …
Bridging The Procedural Gap: Arbitration Decisions As A Basis For Collateral Estoppel - Benjamin V. Traffic Executive Association Eastern Railroads, Robert M. Bain
Journal of Dispute Resolution
Courts have long used the doctrine of collateral estoppel to preclude relitigation of previously determined issues. The fora for the previous determination is of importance in deciding whether to apply the doctrine. This Note will examine the application of the doctrine of collateral estoppel to arbitration decisions. In deciding the question, the courts' major consideration is the degree of procedural differences between the arbitration proceeding and a judicial proceeding. The more closely an arbitration resembles litigation in the procedural safeguards employed, the more likely that the arbitral decision will be accorded a preclusive effect. Unfortunately, as arbitration proceedings become more …
Book Reviews, Michele S. G. Hermann
Book Reviews, Michele S. G. Hermann
Journal of Dispute Resolution
Two new introductory books on mediation have been published within the last year. ANATOMY OF MEDIATION1 is co-authored by veteran labor arbitrator Sam Kagel, who has been practicing and writing about resolving labor-management disputes for 45 years,2 and Kathy Kelly, also a labor arbitrator and author in the field.3 MEDIATE, DON'T LITIGATE4 is written by Peter Lovenheim, a New York lawyer who is former legal counsel and program director for the Center for Dispute Settlement, a public mediation center in Rochester, New York
Constitutionally Recognizing Court Mandated Arbitration: Paradise Found Or Problems Abound - Firelock Inc. V. District Court, Scott M. Badami
Constitutionally Recognizing Court Mandated Arbitration: Paradise Found Or Problems Abound - Firelock Inc. V. District Court, Scott M. Badami
Journal of Dispute Resolution
This Note will argue that notwithstanding any criticism of the court-annexed arbitration procedure, the Colorado Supreme Court is taking a leadership position in upholding and expanding the role for arbitration, by recognizing that this form of alternative dispute resolution is less expensive, saves judicial time, provides for confidentially, and most importantly, provides the parties with a sense of fairness in the outcome.
Securities Arbitration Appeal: An Oxymoron No Longer?, C. Evan Stewart
Securities Arbitration Appeal: An Oxymoron No Longer?, C. Evan Stewart
Kentucky Law Journal
No abstract provided.