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Articles 1 - 13 of 13
Full-Text Articles in Law
New Services For Families In The Dc Superior Court, Amy Applegate, Jeannie M. Adams, Connie J. Beck, Amy Holtzworth-Munroe, Fernanda S. Rossi
New Services For Families In The Dc Superior Court, Amy Applegate, Jeannie M. Adams, Connie J. Beck, Amy Holtzworth-Munroe, Fernanda S. Rossi
Articles by Maurer Faculty
Until recently, because of concerns about safety and parties’ abilities to make good decisions in cases with a history of high intimate partner violence or abuse (IPV/A), in the District of Columbia’s Superior Court such cases were screened out of mediation and sent back to the family court. But two big program additions — videoconferencing and shuttle mediation — have allowed parties in these cases to consider mediation. The Multi-Door Dispute Resolution Division of the DC Superior Court (Multi-Door) implemented this change after several years of preparation: its administrators added safety measures, provided in-depth training for staff and mediators, and …
The Ethical Practice Of Human-Centered Civil Justice Design, Victor D. Quintanilla, Haley Hinkle
The Ethical Practice Of Human-Centered Civil Justice Design, Victor D. Quintanilla, Haley Hinkle
Articles by Maurer Faculty
Over the past two decades, legal professionals have increasingly engaged in a new form of professional activity: civil justice design. In the past, legal professionals handled cases and transactions for clients or served as neutrals, including mediators and arbitrators, who helped to resolve disputes between parties. Today, legal professionals increasingly play a principal design role in creating systems that resolve streams of conflicts, disputes, and grievances between parties. Lawyers regularly now create internal grievance procedures, procedures for companies to resolve disputes with customers, and court-annexed alternative dispute resolution systems. The emergence of this new role raises difficult questions about the …
The Public Believes Predispute Binding Arbitration Clauses Are Unjust: Ethical Implications For Dispute-System Design In The Time Of Vanishing Trials, Victor D. Quintanilla, Alexander B. Avtgis
The Public Believes Predispute Binding Arbitration Clauses Are Unjust: Ethical Implications For Dispute-System Design In The Time Of Vanishing Trials, Victor D. Quintanilla, Alexander B. Avtgis
Articles by Maurer Faculty
This Article discusses a troubling cause of the decline in civil trials — the growing ubiquity of predispute binding arbitration clauses — and discusses tension between roles and responsibilities classically associated with zealous advocacy and the pressing need for new roles and responsibilities associated with ethical dispute system design.
Over the past decade, two interacting patterns have come to encourage transactional attorneys to engage in zealous advocacy when crafting predispute binding arbitration clauses in adhesion contracts. First, recent U.S. Supreme Court jurisprudence broadly defers and delegates authority to those who create such clauses in adhesion contracts with little oversight. Second, …
An Innovative Matrix For Dispute Resolution: The Dubai World Tribunal And The Global Insolvency Crisis, Jayanth K. Krishnan, Harold Koster
An Innovative Matrix For Dispute Resolution: The Dubai World Tribunal And The Global Insolvency Crisis, Jayanth K. Krishnan, Harold Koster
Articles by Maurer Faculty
This study examines a legal experiment that occurred during the height of the global financial crisis. As markets from the United States to Europe to the Global South shook, one country – the United Arab Emirates – found itself on the brink of economic collapse. In particular, in 2009 the U.A.E’s Emirate of Dubai was contemplating defaulting on $60 billion of debt it had amassed. Recognizing that such a default would have cataclysmic reverberations across the globe, Dubai’s governmental leaders turned to a small group of foreign lawyers, judges, accountants, and business consultants for assistance. Working in a coordinated fashion, …
Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel
Negligent Retention And Arbitration: The Effect Of A Developing Tort On Traditional Labor Law, Terry A. Bethel
Articles by Maurer Faculty
No abstract provided.
On Teaching Mediation, Edwin H. Greenebaum
On Teaching Mediation, Edwin H. Greenebaum
Articles by Maurer Faculty
No abstract provided.
Which Cases Go To Trial?: An Empirical Study Of Predictors Of Failure To Settle, Leandra Lederman
Which Cases Go To Trial?: An Empirical Study Of Predictors Of Failure To Settle, Leandra Lederman
Articles by Maurer Faculty
No abstract provided.
Precedent Lost: Why Encourage Settlement, And Why Permit Non-Party Involvement In Settlements?, Leandra Lederman
Precedent Lost: Why Encourage Settlement, And Why Permit Non-Party Involvement In Settlements?, Leandra Lederman
Articles by Maurer Faculty
No abstract provided.
Models Of Quality For Third Parties In Alternative Dispute Resolution, Carole Silver
Models Of Quality For Third Parties In Alternative Dispute Resolution, Carole Silver
Articles by Maurer Faculty
No abstract provided.
Adr And Civil Procedure: A Chapter Or An Organizing Theme?, Bryant G. Garth
Adr And Civil Procedure: A Chapter Or An Organizing Theme?, Bryant G. Garth
Articles by Maurer Faculty
No abstract provided.
Book Review - Taxation. Comparative Conflict Resolution Procedures In Taxation: Analytic Comparative Study By L. Hart Wright (Et. Al.), William D. Popkin
Book Review - Taxation. Comparative Conflict Resolution Procedures In Taxation: Analytic Comparative Study By L. Hart Wright (Et. Al.), William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Is A Compulsory Adjudication Of International Legal Disputes Possible?, Wencelas J. Wagner
Is A Compulsory Adjudication Of International Legal Disputes Possible?, Wencelas J. Wagner
Articles by Maurer Faculty
No abstract provided.
Development Of Commercial Arbitration Law, Paul L. Sayre
Development Of Commercial Arbitration Law, Paul L. Sayre
Articles by Maurer Faculty
No abstract provided.