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The Arbitration Penumbra: Arbitration Law And The Rapidly Changing Landscape Of Dispute Resolution, Thomas J. Stipanowich Dec 2006

The Arbitration Penumbra: Arbitration Law And The Rapidly Changing Landscape Of Dispute Resolution, Thomas J. Stipanowich

Thomas J. Stipanowich

After a generation of growing emphasis on informal methods of conflict resolution, the surrounding legal landscape remains "aimless, meandering, and . . . confusing." The "penumbra" of arbitration law - a body of judicial decisions involving application of federal or state arbitration statutes to processes that are to one degree or another different from "classic" arbitration, or to the interface between arbitration and earlier stages in multi-step dispute resolution processes - reflects the failure of courts to articulate clear and well-reasoned approaches to the new generation of dispute resolution tools. The application of arbitration law entails a variety of specific legal consequences affecting many different ...


'Real Time' Strategies For Relational Conflict, Thomas J. Stipanowich Dec 2006

'Real Time' Strategies For Relational Conflict, Thomas J. Stipanowich

Thomas J. Stipanowich

The emergence of mediation and other informal approaches for the efficient, effective resolution of conflict represent opportunities for “thin-slicing” that are revolutionizing public and private dispute resolution. They are also challenging the primacy of litigation and arbitration with their emphasis on extensive information exchange and weighty procedure. Today, more and more disputants and counsel are recognizing that less is usually more—especially when the emphasis is on maintaining relationships or relational systems. The need for speedy and effective intervention has promoted the evolution of a wide range of strategies in very different relational settings, from integrated conflict systems in the ...