Dispute Resolution and Arbitration Commons^™

Joint Custody As A Parenting Alternative, Billy G. Mills, Steven P. Belzer

Pepperdine Law Review

Joint custody of children has been a recently accepted alternative to the traditional child custody/visitation orders that usually follow dissolution proceedings. In 1980, California became one of the first states to provide, by statute, a presumption in favor of an award of joint custody to the parents. The authors present the legislative history of this joint custody statute and synthesize the various views that have been expressed on the subject of joint custody. Also presented is a discussion of the legislative intent behind the statute and whether the current law is the most effective means of protecting the best interests …

Institutionalization Of Alternative Dispute Resolution By The State Of California , Bruce Monroe

Pepperdine Law Review

No abstract provided.

Recent Developments In Alternative Dispute Resolution , Lee R. Petillon

Pepperdine Law Review

No abstract provided.

Implementation Of California's Dispute Resolution Programs Act: A State-Local Partnership, Mary-Alice Coleman

Pepperdine Law Review

No abstract provided.

Mediation Of Proposition 187: Creative Solution To An Old Problem? Or Quiet Death For Initiatives?, Nicole E. Lucy

Pepperdine Dispute Resolution Law Journal

The initiative Proposition 187 has been a catalyst for change. Supporters heralded it as the solution to "Save Our State" from the ills of illegal immigration. Those who opposed it, used Proposition 187 as a battle cry to mobilize a disenfranchised minority. Irrespective of ideology, Proposition 187 ended as no one could have predicted in November 1994 when it passed, 59% to 41%. When Governor Gray Davis inherited the Proposition 187 appeal from former Governor Pete Wilson, Governor Davis took the unprecedented step of seeking to resolve the conflict through mediation rather than actively defending Proposition 187 on appeal to …

Thou Shalt Love Thy Neighbor: Rluipa And The Mediation Of Religious Land Use Disputes, Jeffrey H. Goldfien

ExpressO

Religious land use disputes are characterized by high levels of conflict and the potential to seriously undermine social capital in affected communities. Contemporary land use procedures reflect an antiquated heritage and reliance upon adversarial means that are inadequate to successfully resolve these socially complex local conflicts. While there are practical obstacles, mediation holds advantages over these existing procedures in terms of dispute resolution, and has greater potential to preserve and build social capital at the local level. This article examines the theoretical justification for mediation in this context, and argues for moving beyond the status quo.

Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation

Water Negotiation Workshop (June 4-5)

"Sponsored by: The Natural Resources law Center of the University of Colorado Law School; Funding provided by: The William and Flora Hewlett Foundation."

"Facilitators: Lucy Moore and Steve Snyder."

"June 4 and 5, 2003, Community House, Chautauqua Park, Boulder, Colorado."

Contents:

Agenda -- Roster of workshop participants -- Biographies of workshop participants -- Maps of Klamath basin -- Key water-related events in the upper Klamath basin -- Federal-state decisionmaking on water : applying lessons learned / David J. Hayes -- Turbulence in the Klamath River basin / Sharon Levy

Practice And Procedure Before The Growth Planning Hearings Boards, Wm. H. Nielsen, M. Peter Philley, Chris Smith Towne

Seattle University Law Review

In 1990, the Washington State Legislature took the first significant step toward growth management when it enacted the Washington Growth Management Act (GMA). The GMA directs cities and counties to protect natural features and to begin planning to accommodate anticipated population increases. The legislature examined the recommendation of the Growth Strategies Commission' to create an independent dispute resolution system to resolve conflicts under the GMA. The Commission recommended the use of a panel of independent arbitrators with mediation and binding arbitration. Appeals would be limited to the Washington State Court of Appeals only on constitutional and procedural issues. The legislature …

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 …

New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember

Touro Law Review

No abstract provided.