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Dispute Resolution and Arbitration Commons™
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Articles 1 - 15 of 15
Full-Text Articles in Dispute Resolution and Arbitration
Shifting Into “Neutral”: Evaluating Mediation As A Peaceful Alternative To The Forceful Resolution Of The 2022 Canada–Freedom Convoy Dispute, Teresa (Tessa) Griego
Shifting Into “Neutral”: Evaluating Mediation As A Peaceful Alternative To The Forceful Resolution Of The 2022 Canada–Freedom Convoy Dispute, Teresa (Tessa) Griego
Pepperdine Dispute Resolution Law Journal
In early 2022, the Canadian government found itself confronted by a group of truck drivers—in what came to be known as the “Freedom Convoy”—protesting government-imposed restrictions related to the COVID-19 pandemic. This article evaluates how mediation could—and should—have been used as an effective means for the government and protestors to resolve their dispute. It begins by defining the government health and safety measures that prompted the protests and describing the ensuing protest movement by the Freedom Convoy. The article then discusses the protest’s implications on commerce and on the communities where it was located. Next, the article describes the unilateral …
Law And Covid-19, Aurelio Gurrea-Martinez, Yihan Goh, Mark Findlay
Law And Covid-19, Aurelio Gurrea-Martinez, Yihan Goh, Mark Findlay
Research Collection Yong Pung How School Of Law
This book is a collection of essays from scholars at Singapore Management University School of Law analysing the challenges and implications of COVID-19 from the perspective of different areas of law, including private law, corporate law, insolvency law, data protection, financial laws, public law, privacy law, commercial law, constitutional law, law and technology, and dispute resolution. It also analyses how the COVID-19 pandemic will affect the judicial system, the study of law, and the future of the legal profession. Beyond considerations of the pandemic’s influence on law and legal service delivery the authors consider how law can help facilitate the …
... Because "Yes" Actually Means "No": A Personalized Prescriptive To Reactualize Informed Consent In Dispute Resolution
Marquette Law Review
None.
Mandatory Process, Matthew J.B. Lawrence
Mandatory Process, Matthew J.B. Lawrence
Indiana Law Journal
This Article suggests that people tend to undervalue their procedural rights—their proverbial “day in court”—until they are actually involved in a dispute. The Article argues that the inherent, outcome-independent value of participating in a dispute resolution process comes largely from its power to soothe a person’s grievance— their perception of unfairness and accompanying negative emotional reaction—win or lose. But a tendency to assume unchanging emotional states, known in behavioral economics as projection bias, can prevent people from anticipating that they might become aggrieved and from appreciating the grievance-soothing power of process. When this happens, people will waive their procedural rights …
Medical Malpractice Arbitration In The New Millennium: Much Ado About Nothing ?, Ann H. Nevers
Medical Malpractice Arbitration In The New Millennium: Much Ado About Nothing ?, Ann H. Nevers
Pepperdine Dispute Resolution Law Journal
This paper reviews the constitutional issues surrounding medical malpractice arbitration clauses and the implementation of arbitration contracts, and the existing medical malpractice process. Federal preemption issues under the Federal Arbitration Act, enterprise liability and ERISA preemption, and cybermalpractice will be discussed. Finally, dispute resolution industry standards implemented by the American Arbitration Association and American Health Lawyers Association will be reviewed as well as current medical malpractice mediation practices in industry. While the past has shown that arbitration has not been used a great deal future trends may increase use. Emerging medical malpractice arbitration issues arising in the new millennium include …
The Future Of Adr, Edward A. Dauer
The Future Of Adr, Edward A. Dauer
Pepperdine Dispute Resolution Law Journal
This article addresses the use of alternative dispute resolution in health care.The article provides a historical analysis of medical malpractice and traces the development of ADR in healthcare. The article discusses the benefits that ADR can and will bring to health care in the future.
Forgive And Forget: Recognition Of Error And Use Of Apology As Preemptive Steps To Adr Or Litigation In Medical Malpractice Cases , Ashley A. Davenport
Forgive And Forget: Recognition Of Error And Use Of Apology As Preemptive Steps To Adr Or Litigation In Medical Malpractice Cases , Ashley A. Davenport
Pepperdine Dispute Resolution Law Journal
Medical malpractice cases are a special breed within the field of tort jurisprudence as mistakes in the medical field are regrettably inevitable. Medical universities use some of the greatest hospitals in this country as interactive classrooms to teach future physicians. A vast number of people are treated in hospitals throughout the United States every day, and of those treated, a number are neglected under the confines of the law. The American public expects infallible care from our health care system and any deviation from perfection may result in legal action. Those wronged seek litigation primarily as a means to punish …
In The Aftermath Of The Terri Schiavo Case: Resolving End-Of-Life Disputes Through Alternative Dispute Resolution, Alisa L. Geller
In The Aftermath Of The Terri Schiavo Case: Resolving End-Of-Life Disputes Through Alternative Dispute Resolution, Alisa L. Geller
Pepperdine Dispute Resolution Law Journal
Imagine yourself the proud parent of an adult daughter. You have spent many years nurturing your precious child so that she may excel in the world. Just as all of your dreams for her are coming true, the news no parent wants to hear was delivered. Your daughter lost control of her car, the vehicle overturned and she was found lying face down in a ditch. You gasped. You expected the worst. A tragic end to a life yet lived. Then, the good news was delivered. You breathed a sigh of relief. You learned she survived. She was in a …
The Clinton-Obama Approach To Medical Malpractice Reform: Reviving The Most Meaningful Features Of Alternative Dispute Resolution, Grant Wood Geckeler
The Clinton-Obama Approach To Medical Malpractice Reform: Reviving The Most Meaningful Features Of Alternative Dispute Resolution, Grant Wood Geckeler
Pepperdine Dispute Resolution Law Journal
An introduction to medical malpractice reform would be incomplete without mentioning the Institute of Medicine's (IOM) 1999 report, To Err is Human: Building a Safer Health System, which lists medical errors as the eighth leading cause of death in the United States. While much attention premiums, the media's recent interest in the application of alternative dispute resolution (ADR) tactics in medical malpractice cases has increased. The quest for a one-size-fits-all fix to rising health care costs has turned to ADR for guidance in the past, with hopes that binding arbitration and voluntary mediation would resolve the crisis. Recently, the …
Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope
Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope
Campbell Law Review
No abstract provided.
The Role Of Medicare In Medical Malpractice Reform, William M. Sage
The Role Of Medicare In Medical Malpractice Reform, William M. Sage
Journal of Health Care Law and Policy
No abstract provided.
New Strategies For Prisoner Rehabilitation In The American Criminal Justice System: Prisoner Facilitated Mediation, Jeremy Coylewright
New Strategies For Prisoner Rehabilitation In The American Criminal Justice System: Prisoner Facilitated Mediation, Jeremy Coylewright
Journal of Health Care Law and Policy
No abstract provided.
A Culture Of Conflict: Lessons From Renegotiating Health Care, Leonard J. Marcus
A Culture Of Conflict: Lessons From Renegotiating Health Care, Leonard J. Marcus
Journal of Health Care Law and Policy
No abstract provided.
Mediating Disputes In Managed Care: Resolving Conflicts Over Covered Services, Nancy Neveloff Dubler
Mediating Disputes In Managed Care: Resolving Conflicts Over Covered Services, Nancy Neveloff Dubler
Journal of Health Care Law and Policy
No abstract provided.
Health Plan Internal Consumer Dispute Resolution Practices: Highlights From A National Study, Naomi Karp, Erica Wood
Health Plan Internal Consumer Dispute Resolution Practices: Highlights From A National Study, Naomi Karp, Erica Wood
Journal of Health Care Law and Policy
No abstract provided.