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Articles 1 - 16 of 16
Full-Text Articles in Law
Parallel Justice: Creating Causes Of Action For Mandatory Mediation, Marie A. Failinger
Parallel Justice: Creating Causes Of Action For Mandatory Mediation, Marie A. Failinger
University of Michigan Journal of Law Reform
The American common law system should adopt court-connected mandatory mediation as a parallel system of justice for some cases that are currently not justiciable, such as wrongs caused by constitutionally protected behavior. As evidence that such a system is practical, this Article describes systemic and ethical parallels between court-connected mediation and the rise of the equity courts in medieval England, demonstrating that there are no insurmountable practical objections to the creation of “mediation-only” causes of action. The Article then explores the constitutional concerns surrounding the idea of “mandatory mediation-only” causes of action, using constitutional hate speech and invasion of privacy …
The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine
The Moral Dimension Of Employment Dispute Resolution, Theodore J. St. Antoine
Articles
Dispute resolution may be viewed from the perspective of economics or negotiation or contract law or game theory or even military strategy. In this Article, I should like to consider employment dispute resolution in particular from the perspective of morality. I do not necessarily mean "morality" in any religious sense. By "morality" here I mean a concern about the inherent dignity and worth of every human being and the way each one should be treated by society. Some persons who best exemplify that attitude would style themselves secular humanists. Nonetheless, over the centuries religions across the globe have played a …
Review Of Staying With Conflict: A Strategic Approach To Ongoing Disputes, Carl E. Schneider
Review Of Staying With Conflict: A Strategic Approach To Ongoing Disputes, Carl E. Schneider
Reviews
Bernie is at it again! And we can be thankful for that. For the past three decades, he has consistently provided leadership in our field. A central part of his work has been his invitation for us to rethink just what our field is. Through his work, he has offered us an expanded definition of our role. This time, in Staying with Conflict, he wants us to consider how misleading and confining our tag line of “conflict resolution” is. So much of what we deal with cannot be resolved! If that is our self-concept, he argues, we will often …
Teaching Adr In The Labor Field In China, Theodore J. St. Antoine
Teaching Adr In The Labor Field In China, Theodore J. St. Antoine
Articles
My first visit to China, in 1994, was purely as a tourist, and came about almost by accident. In late September of that year I attended the XIV World Congress of the International Society for Labor Law and Social Security in Seoul, South Korea. In the second week of October I was scheduled to begin teaching a one-term course in American law as a visiting professor at Cambridge University in England. Despite my hazy notions of geography, I realized it made no sense to return to the United States for the intervening week. The obvious solution was to continue flying …
Adr Without Borders, Theodore J. St. Antoine
Adr Without Borders, Theodore J. St. Antoine
Articles
My task is to assess the ways in which alternative dispute resolution procedures may be adapted to deal with international labor disputes. ADR refers to various methods by which neutral third parties assist persons engaged in a conflict to settle their differences without involving the decision-making power of the state or other sanction-imposing body. Both mediation and arbitration are included. In mediation the neutral seeks to get the parties to agree on a mutually acceptable solution. In arbitration the neutral imposes a solution after presentations by the contending parties. A third term, conciliation, is sometimes used and generally connotes a …
Teaching Adr In The Labor Field In China, Theodore J. St. Antoine
Teaching Adr In The Labor Field In China, Theodore J. St. Antoine
Articles
The editors have asked us to be quite personal in our ruminations on the future of comparative labor law and policy. For me, over the past several years, the focus has been on China. My first visit to China in 1994, purely as a tourist, was almost by accident. In late September of that year I attended the XIV World Congress of the International Society for Labor Law and Social Security in Seoul, South Korea. In the second week of October, I was scheduled to begin teaching a oneterm course in American law as a visiting professor at Cambridge University …
Introduction: What Adr Means Today, Theodore J. St. Antoine
Introduction: What Adr Means Today, Theodore J. St. Antoine
Other Publications
The sort of cachet a Hollywood screenplay once ascribed to "plastics" seems today to have adhered to "ADR." ADR stands, of course, for alternative dispute resolution. It refers to various methods by which neutral third parties assist persons engaged in a conflict to settle their differences without invoking the decision-making power of the state. And for many people, ADR has become the byword for a much-needed panacea for an overly litigious society. This book is designed to get behind the mystique of ADR, to show how it really works, and to enhance the skills of anyone interested in exploiting its …
Alternative Dispute Resolution Mechanisms: Experience In The United States, Whitmore Gray
Alternative Dispute Resolution Mechanisms: Experience In The United States, Whitmore Gray
Other Publications
The objective of this portion of our conference on judicial reform is to discuss means to promote swift and fair resolution of disputes. Although much of our discussion will center on reform of basic court systems and civil procedure in various countries, my particular focus is on alternatives to traditional institutions and techniques. These alternatives include a variety of what we might call "courtannexed" procedures, that is, procedures that occur during the course of traditional litigation. I will also consider, however, other procedures that might better be characterized as purely "private" techniques for resolving disputes—those that occur before or at …
Conflict Resolution In Industrial Relations, Theodore J. St. Antoine
Conflict Resolution In Industrial Relations, Theodore J. St. Antoine
Book Chapters
Only about one-fifth of the American labor force is unionized. With certain important exceptions, therefore, no formal machinery exists to resolve the various disputes that arise between a majority of the country's workers and their employers. The exception, which will not be treated in detail in this study, relate to (1) the right to organize into unions, which has been protected in most of the private sector since 1935 by the National Labor Relations Act and in the public sector since the 1960s by federal law and regulation covering U.S. Government employees and by statutes in about thirty states covering …
Mediation In Debtor/Creditor Relationships, Edward A. Morse
Mediation In Debtor/Creditor Relationships, Edward A. Morse
University of Michigan Journal of Law Reform
Two states that have substantial interests in agricultural debtor/creditor relationships have attempted to limit the social and economic costs of prematurely terminating the debtor/creditor relationship. Iowa and Minnesota have adopted a statutory requirement that the creditor offer to submit to mediation prior to taking any debt collection action against an agricultural borrower. This Note argues that requiring creditors to offer mediation as a statutory prerequisite to debt collection is an effective means of reducing the social and economic costs of the premature termination of a debtor/creditor relationship in business contexts. Part I examines the conceptual foundations of the mediation process …
Mediation: A Comprehensive Guide To Resolving Conflicts Without Litigation, Nancy T. Gardner
Mediation: A Comprehensive Guide To Resolving Conflicts Without Litigation, Nancy T. Gardner
Michigan Law Review
A Review of Mediation: A Comprehensive Guide to Resolving Conflicts Without Litigation by Jay Folberg and Alison Taylor
Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson
Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson
University of Michigan Journal of Law Reform
In this essay I analyze some of the emotional events that occur during mediation and negotiation; the analysis may help us understand many of the problems that arise during the development and application of these legal practice skills. Following the analysis I present a few suggestions about how this teaching might best be accomplished.
Reforming At-Will Employment Law: A Model Statute, Liana Gioia, Per Ramford
Reforming At-Will Employment Law: A Model Statute, Liana Gioia, Per Ramford
University of Michigan Journal of Law Reform
Effective relief for at-will employees can only be achieved through statutory reform. Although specific legislation has been proposed on the federal
Litigation And Mediation In Thailand, Sally Falk Moore
Litigation And Mediation In Thailand, Sally Falk Moore
Michigan Law Review
A Review of Code and Custom in a Thai Provincial Court by David M. Engel
Review: International Adjudications, Edwin D. Dickinson
Review: International Adjudications, Edwin D. Dickinson
Michigan Law Review
A Review of : INTERNATIONAL ADJUDICATIONS Edited by John Bassett Moore.
A Comparison Of Some Methods Of Conciliation And Arbitration Of Industrial Disputes, James H. Brewster
A Comparison Of Some Methods Of Conciliation And Arbitration Of Industrial Disputes, James H. Brewster
Articles
In these times when we see combinations of employers co-operating under trade agreements with combinations of employees to conduct immense industries, we are apt to forget the remarkable development of ideas concerning industrial economy that has occurred within a life-time. It was only eighty years ago that the merchants of Boston met to discountenance and check what were then regarded as unlawful combinations of workmen formed to protest against the long work day, low wages, and oppressive rules of their masters. The sum of $20,000 was raised at this meeting of merchants and ship owners to fight the movement for …