Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Missouri School of Law (27)
- University of Michigan Law School (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- Nova Southeastern University (3)
- Schulich School of Law, Dalhousie University (3)
-
- UC Law SF (3)
- University of Richmond (3)
- American University Washington College of Law (2)
- Georgetown University Law Center (2)
- UIC School of Law (2)
- University of Cincinnati College of Law (2)
- University of Pennsylvania Carey Law School (2)
- Villanova University Charles Widger School of Law (2)
- Air Force Institute of Technology (1)
- Brigham Young University Law School (1)
- Campbell University School of Law (1)
- Chicago-Kent College of Law (1)
- Cornell University Law School (1)
- Florida State University College of Law (1)
- Fordham Law School (1)
- Maurer School of Law: Indiana University (1)
- Selected Works (1)
- Texas A&M University School of Law (1)
- University of Connecticut (1)
- University of Florida Levin College of Law (1)
- University of Georgia School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Pittsburgh School of Law (1)
- Keyword
-
- Arbitration (10)
- ADR (4)
- Alternative dispute resolution (4)
- Mediation (4)
- ADR Scholarship (3)
-
- Binding arbitration (3)
- Collective bargaining (3)
- Discrimination (3)
- Dispute resolution (3)
- Law reform (3)
- Negotiation (3)
- Accommodations (2)
- Administrative law (2)
- Arbitrability (2)
- Arbitral awards (2)
- Arbitration agreements (2)
- Arbitrator (2)
- Constitution (2)
- Disabilities (2)
- Dismissal (2)
- Dispute Resolution (2)
- Dispute resolution (Law) (2)
- Employees (2)
- Federal Arbitration Act (2)
- Mandatory arbitration (2)
- Mediator (2)
- Resolutions (2)
- Sports (2)
- Treaties (2)
- Pretrial procedure/North Carolina (1)
- Publication
-
- Journal of Dispute Resolution (25)
- Faculty Scholarship (5)
- Scholarly Works (5)
- All Faculty Scholarship (3)
- College of Arts, Humanities, and Social Sciences Course Catalogs (3)
-
- Innis Christie Collection (3)
- Articles (2)
- Faculty Articles and Other Publications (2)
- Faculty Publications (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Jeffrey S. Moorad Sports Law Journal (2)
- Law Faculty Publications (2)
- Michigan Journal of International Law (2)
- American University Journal of Gender, Social Policy & the Law (1)
- Articles by Maurer Faculty (1)
- Articles in Law Reviews & Other Academic Journals (1)
- BYU Law Review (1)
- Campbell Law Review (1)
- Cornell Law Faculty Publications (1)
- Faculty Articles and Papers (1)
- Florida State University Journal of Transnational Law & Policy (1)
- Fordham Urban Law Journal (1)
- Horacio M. LYNCH (1)
- Other Publications (1)
- Theses and Dissertations (1)
- UF Law Faculty Publications (1)
- UIC Law Open Access Faculty Scholarship (1)
- UIC Law Review (1)
- University of Richmond Law Review (1)
- Publication Type
Articles 1 - 30 of 74
Full-Text Articles in Law
Re Canada Post Corp And Cupw (Safire), Innis Christie
Re Canada Post Corp And Cupw (Safire), Innis Christie
Innis Christie Collection
This is a Union grievance in which it is asserted that the Employer continued to employ a Part-time Mail Service Courier although he refused to become a member of the Union. The Employer has checked off and remitted his dues to the Union. The Union's position is that in continuing to employ him under those circumstances, the Employer is in breach of the Collective Agreement and requests an order that the Employer terminate this employee if he does not become a member.
A Primer On Prejudgment Interest, Michael S. Knoll
A Primer On Prejudgment Interest, Michael S. Knoll
All Faculty Scholarship
No abstract provided.
Faculty Association Of The University Of St Thomas V St Thomas University, Innis Christie
Faculty Association Of The University Of St Thomas V St Thomas University, Innis Christie
Innis Christie Collection
Employee grievance alleging breach of the Collective Agreement between the parties for the period July 1, 1994 to June 30, 1997, which counsel agreed governs this matter, in that the University refused to acknowledge that the Grievor was on sick leave for the period in issue. The grievance requested a declaration mat the Grievor was on sick leave for that period. At the start of the hearing the parties agreed that I am properly seized of this matter, that I should remain seized after the issue of this award to deal with all issues arising directly from its application and …
A Cross-Sectional Examination Of Alternative Dispute Resolution: A Search For The Antecedents Of Success, Patrick F. Hopper
A Cross-Sectional Examination Of Alternative Dispute Resolution: A Search For The Antecedents Of Success, Patrick F. Hopper
Theses and Dissertations
This study examined Alternative Dispute Resolution (ADR) in an attempt to identify antecedents common to successful uses of ADR. The goal was to isolate factors which have the greatest impact on the successful implementation of ADR. A cross sectional examination was designed that included both private industry and government applications of ADR as a resolution method. Documents, audiovisual materials, and personal interviews were utilized to collect the data. An informal interview guide was used to interview individuals with conflict resolution authority within their organizations. Analysis of the data resulted in the identification of five antecedents that increase the probability of …
The Lawyer Turns Peacemaker, Richard C. Reuben
The Lawyer Turns Peacemaker, Richard C. Reuben
Faculty Publications
No doubt millions of people and businesses have benefited from simpler, less stressful modes of dispute resolution. Moreover, ADR is primed for much greater growth, as witnessed by the breathtaking expansion of court-related programs, the rush of lawyers and nonlawyers alike to mediation training seminars, and the pledge of thousands of businesses and large law firms to consider ADR options. But the child born of necessity is still, at best, teetering between adolescence and adulthood. For all of its potential to reshape the ways problems are solved, it still shows a dark side-coercion, conflicts, competency issues and commercialism -that leaves …
The Ongoing Role Of Alternative Dispute Resolution In Federal Government Litigation, Peter R. Steenland, Jr., Peter A. Appel
The Ongoing Role Of Alternative Dispute Resolution In Federal Government Litigation, Peter R. Steenland, Jr., Peter A. Appel
Scholarly Works
This essay demonstrates that within appropriate guidelines, ADR has an important and growing role in the conduct of government litigation. To the extent that ADR can help the government save resources, this alone is of considerable public interest. More importantly ADR can help the government settle entire disputes rather than those pieces of disputes that become litigation events. ADR also involves the parties more directly in shaping the resolution of a dispute, and can often provide a result that is beyond the capacity of a court to provide. Because of the direct participation by the parties in mediation processes, ADR …
Determining The Timeliness Of A Securities Claim Filed For Arbitration: Substantive Eligibility Requirement Or Procedural Statute Of Limitations, Carla K. Williams
Determining The Timeliness Of A Securities Claim Filed For Arbitration: Substantive Eligibility Requirement Or Procedural Statute Of Limitations, Carla K. Williams
Journal of Dispute Resolution
This Comment will focus on the development of this debate, the positions taken by the courts, and a possible resolution of these issues by the SROs themselves.9 Specifically, Part II briefly discusses the development of arbitration in the United States; Part III discusses the issues surrounding the debate, including what positions the courts have taken; and Part IV discusses the possible resolution of this debate by amendment to the SRO codes.
Judicial Review Of Contract Interpretation By Labor Arbitrators: Whose Brand Of Industrial Justice - Houston Lighting & (And) Power Co. V. Int'l Bhd. Of Elec. Workers, Local Union No. 66, Michael G. Munsell
Journal of Dispute Resolution
The United States Supreme Court has prescribed the deference owed to an arbitrator's interpretation of labor agreements. The Court's decisions have made clear the narrow grounds upon which an arbitration award may be reversed. In Houston Lighting & Power Co. v. Int'l Bhd of Elec. Workers, Local Union No. 66, the employer claimed that the labor arbitrator had exceeded his authority by misinterpreting the labor agreement. The Fifth Circuit Court of Appeals had to weigh the policy of deference to the arbitrator's interpretation against the need to ensure that the arbitrator acted within the authority which the parties to the …
Danger-Inequality Of Resources Present: Can The Environmental Mediation Process Provide An Effective Answer, Elaine Smith
Danger-Inequality Of Resources Present: Can The Environmental Mediation Process Provide An Effective Answer, Elaine Smith
Journal of Dispute Resolution
The environmental dispute resolution field has grown rapidly since its advent in 1973, when two mediators, Gerald Cormick and Jane McCarthy, undertook the first documented attempt to settle an environmental dispute.' Since this initial effort, the use of mediation in environmental disputes has grown rapidly, leading to the continual evolution and improvement of the field. Despite this progress, mediation in environmental disputes remains as it began: a hotly contested issue, with prominent and influential commentators vigorously debating whether it is an appropriate device to resolve environmental disputes
Primer On Competitive Bargaining, A, Gary Goodpaster
Primer On Competitive Bargaining, A, Gary Goodpaster
Journal of Dispute Resolution
The aim of this Article is to explore the competitive bargaining strategy in depth. Because competitive negotiation behavior is common, and sometimes advisable, one must understand it well to master negotiation practice. Knowing how competitors operate enables a negotiator to recognize competitive bargaining when it occurs and to deal with it affirmatively by transforming a competitive negotiation into a cooperative one or defensively by countering competitive moves. Furthermore, even parties who negotiate cooperatively sometimes compete. For example, negotiators may create a win-win situation by cooperating to "increase the size of the pie" to be divided between them. Nonetheless, they still …
Escaping The Courthouse: Private Alternative Dispute Resolution In Los Angeles , Elizabeth Rolph, Erik Moller, Laura Petersen
Escaping The Courthouse: Private Alternative Dispute Resolution In Los Angeles , Elizabeth Rolph, Erik Moller, Laura Petersen
Journal of Dispute Resolution
Formal dispute resolution, long thought to be the province of the state, seems to have piqued the interest of the private sector in recent years as a possible sphere of activity. In settings where courts are clogged and criminal cases are forcing civil cases off the calendar, where public juries are perceived as "out of control," and where many individuals are disillusioned with incremental tort reform; a growing number of private individuals are selling their services as neutrals to facilitate dispute resolution. For-profit firms, both independent and national networks, are springing up and positioning themselves in major metropolitan areas. Nonprofit …
Standards Of Arbitrator Impartiality: How Impartial Must They Be - Lifecare International, Inc. V. Cd Medical, Inc., Elizabeth A. Murphy
Standards Of Arbitrator Impartiality: How Impartial Must They Be - Lifecare International, Inc. V. Cd Medical, Inc., Elizabeth A. Murphy
Journal of Dispute Resolution
One of the most crucial aspects of the arbitrator's role is neutrality. For arbitration proceedings to achieve a fair resolution of disputes, the arbitrator must make his decision without bias. All jurisdictions allow vacation of arbitration awards where there is "evident partiality" on the part of an arbitrator appointed as neutral. The application of this "evident partiality" test, however, has yielded widely varying results. Moreover, most state and federal courts apply a lower standard of impartiality to arbitrators than they apply to judges. The reason for this lower standard is that the parties consented to a less than perfect tribunal …
Can The United States Be A Party To Binding Arbitration - The Constitutional Issues Re-Evaluated - Tenaska Washington Partners Ii V. The United States, Chatman Catherine
Can The United States Be A Party To Binding Arbitration - The Constitutional Issues Re-Evaluated - Tenaska Washington Partners Ii V. The United States, Chatman Catherine
Journal of Dispute Resolution
It has long been assumed that the Constitution prohibited the United States government from entering binding arbitration as a party. The Department of Justice recently re-examined the issue and concluded that there is no absolute constitutional bar to government participation in binding arbitration.' Tenaska is the first reported court decision to adopt the Department of Justice's new reasoning. The court in Tenaska Washington Partners II v. The United States held that a dispute between a private party and a governmental agency must be submitted to binding arbitration when the parties' voluntary agreement contains an arbitration clause.'
Recent Developments: The Uniform Arbitration Act, Dana A. Chamblee, Matthew S. Darrough, Reachel A. Jennings, Trina R. Ricketts
Recent Developments: The Uniform Arbitration Act, Dana A. Chamblee, Matthew S. Darrough, Reachel A. Jennings, Trina R. Ricketts
Journal of Dispute Resolution
This Article is an overview of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A.").' Arbitration statutes patterned after the U.A.A. have been adopted by thirty-four states and the District of Columbia.2 The goal of this project is to promote uniformity in the interpretation of the U.A.A. by analyzing the various underlying policies and rationales of recent court decisions interpreting the U.A.A. '
Head'em Off At The Impasse: A Victory For Management In The War To Implement Its Last Best Offer - Mountain Valley Educational Ass'n V. Maine Sad No. 43, Thomas C. Albus
Head'em Off At The Impasse: A Victory For Management In The War To Implement Its Last Best Offer - Mountain Valley Educational Ass'n V. Maine Sad No. 43, Thomas C. Albus
Journal of Dispute Resolution
The impasse doctrine in collective bargaining allows limited unilateral action by an employer when a good-faith deadlock in negotiations is reached between the employer and employees' representatives. This doctrine is a judicial invention used to reconcile the dual mandate of the National Labor Relations Act: to enforce the duty of good-faith bargaining while not compelling parties to accept agreements or make concessions. Traditionally, the impasse doctrine has been viewed as a tool to promote an ongoing bargaining process; more recently, it has been viewed as a terminal point in the negotiation process. By broadening the definition of impasse, courts ascribing …
The Times They Are A Changin' - Or Are They? An Update On Rule 114, Barbara Mcadoo, Nancy A. Welsh
The Times They Are A Changin' - Or Are They? An Update On Rule 114, Barbara Mcadoo, Nancy A. Welsh
Faculty Scholarship
When Rule 114 of the General Rules of Civil Practice arrived on the Minnesota legal scene in July 1994, it took many attorneys by complete surprise. Even in Hennepin County, which has had a nonbinding arbitration program since 1984, some attorneys asked, "ADR? Is that short for Another Darn Requirement'?" Nearly two years later, now that most attorneys know that ADR is the acronym for "Alternative Dispute Resolution," it is time to take stock of Rule 114, to evaluate its influence on the practice of law and its impact on the courts.
This review is timely for another, very important …
Farris V Merks Farms Ltd, Innis Christie
Farris V Merks Farms Ltd, Innis Christie
Innis Christie Collection
The Complainant, David Farris, alleges that he was dismissed unjustly by the Employer, Merks Farms Ltd., with whom he had been employed since July 1, 1986, as a truck driver. The Employer, a family owned corporation, which operates a trucking company and a variety of farming operations, employing, in all, about seventy people, responds that he was justly dismissed for incapacity to work due to a bad back, after the exhaustion of his short term disability entitlements. There was little dispute about most of the relevant facts, although there were differences about how much contact the Complainant had maintained with …
Using Decision Trees As Tools For Settlement, Marjorie Corman Aaron
Using Decision Trees As Tools For Settlement, Marjorie Corman Aaron
Faculty Articles and Other Publications
While experienced lawyers can some times develop an intuitive sense of what a case is worth, their intuition may not be sufficient in a case of considerable complexity. Furthermore, intuitive "gut sense" valuations are hard to support or explain to clients.
Decision trees allow the parties and their lawyers to see more clearly how the strengths and weaknesses of their positions on specific issues will affect the overall value of a case. Long popular in the business community, decision analysis has evolved as a tool for lawyers to help make decisions in complex litigation.
Adr Toolbox: The Highwire Art Of Evaluation, Marjorie Corman Aaron
Adr Toolbox: The Highwire Art Of Evaluation, Marjorie Corman Aaron
Faculty Articles and Other Publications
Many mediators are uncomfortable with the idea of discussing or presenting evaluations. However, when parties reach an impasse, they often want the mediator to play an active role. In these cases, responsible use of evaluation is completely consistent with the goals of mediation. Mediators should provide an evaluation only if there is an insurmountable settlement gap that arises from the parties’ widely divergent views of what will happen if the case doesn’t settle. Evaluation is not a substitute for other essential mediation tools. It is a last step, but in many cases skipping that step means missing the sole opportunity …
Foreign Arbitration Clauses And Foreign Forum Selection Clauses In Bills Of Lading Governed By Cogsa: Vimar Seguros Y Reaseguros, Sa. V. Miv Sky Reefer, Elizabeth A. Clark
Foreign Arbitration Clauses And Foreign Forum Selection Clauses In Bills Of Lading Governed By Cogsa: Vimar Seguros Y Reaseguros, Sa. V. Miv Sky Reefer, Elizabeth A. Clark
BYU Law Review
No abstract provided.
Preliminary Reflections On The Establishment Of A Mediation Clinic, James Stark
Preliminary Reflections On The Establishment Of A Mediation Clinic, James Stark
Faculty Articles and Papers
No abstract provided.
Fairness In Civil Rights Arbitration, Douglas E. Abrams
Fairness In Civil Rights Arbitration, Douglas E. Abrams
Faculty Publications
No abstract provided.
Understanding Mediators' Orientations, Strategies, And Techniques: A Grid For The Perplexed, Leonard L. Riskin
Understanding Mediators' Orientations, Strategies, And Techniques: A Grid For The Perplexed, Leonard L. Riskin
UF Law Faculty Publications
This Article begins with a review of previous efforts to categorize mediation and their shortfalls, including the lack of any widely-shared comprehensive method for describing the various approaches to mediation practice. The Article then offers a new "grid" system for classifying mediator orientations, strategies, and techniques and describes the potential utility of the grid, particularly its effectiveness in selecting mediators.
Mediating Bioethical Disputes, Diane E. Hoffmann, Naomi Karp
Mediating Bioethical Disputes, Diane E. Hoffmann, Naomi Karp
Faculty Scholarship
No abstract provided.
Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin
Arbitrating Statutory Employment Claims In The Aftermath Of Gilmer, Martin H. Malin
All Faculty Scholarship
No abstract provided.
A Tale Of Two Opinions, Joseph R. Grodin
Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin
Arbitration Of Employment Discrimination Claims: Doctrine And Policy In The Wake Of Gilmer, Joseph R. Grodin
Faculty Scholarship
No abstract provided.
Negotiation And Psychoanalysis: If I'D Wanted To Learn About Feelings, I Wouldn't Have Gone To Law School, Melissa Lee Nelken
Negotiation And Psychoanalysis: If I'D Wanted To Learn About Feelings, I Wouldn't Have Gone To Law School, Melissa Lee Nelken
Faculty Scholarship
No abstract provided.
Speech: Legal Issues And The Olympics, Ronald T. Rowan
Speech: Legal Issues And The Olympics, Ronald T. Rowan
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Mediation And The Americans With Disabilities Act, Ann C. Hodges
Mediation And The Americans With Disabilities Act, Ann C. Hodges
Law Faculty Publications
This Article will analyze the potential uses of mediation in ADA disputes, focusing primarily on employment issues. Part II of the Article provides a description and analysis of the mediation process. Part III provides an overview of the ADA. Part IV examines the dispute resolution provisions of the ADA and both the current and proposed uses of alternative dispute resolution. Finally, Part V analyzes the use of mediation in ADA cases and recommends appropriate uses of mediation that will effectuate the purpose of the statute.