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Note, Arbitrating Novel Legal Questions: A Recommendation For Reform, Michael A. Scodro

Michael A. Scodro

No abstract provided.

Beyond Arbitration: Innovation And Evolution In The United States Construction Industry, Thomas J. Stipanowich

Thomas J. Stipanowich

Disagreement among contracting parties has a rich tradition in the construction industry, which has been at the forefront of creating and experimenting with alternatives to litigation. In this article, Professor Stipanowich examines traditional alternatives to litigation utilized by the construction industry, including summary adjudication by design professionals, arbitration, mediation, minitrial, dispute review boards, early neutral evaluation, and partnering. After analyzing the results from the 1991 ABA-sponsored survey on dispute resolution in the construction industry, the author presents data from the 1994 Multidisciplinary Study on Dispute Avoidance and Resolution in the Construction Industry, a landmark study of which the author was …

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Employment Arbitration And Voluntary Consent, Stephen Ware

Stephen Ware

The boom in non-union employment arbitration has caused great concern about protecting employees' access to courts. Virtually every commentator agrees that employment disputes should be litigated, rather than arbitrated, unless the employee has voluntarily consented to arbitration. While courts and commentators agree that an employee's voluntary consent is a prerequisite to employment arbitration, they do not agree on what constitutes voluntary consent. This article proposes a method of determining what constitutes voluntary consent to employment arbitration. The method proposed is simply application of ordinary contract law doctrines. The article develops the theoretical underpinnings of the contractual approach to arbitration and, …