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Dispute Resolution and Arbitration Commons

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Full-Text Articles in Dispute Resolution and Arbitration

The Role Of National Courts In The Post Arbitral Process: The Possible Issues With The Enforcement Of A Set-Aside Award, Rishabh Jogani Jul 2015

The Role Of National Courts In The Post Arbitral Process: The Possible Issues With The Enforcement Of A Set-Aside Award, Rishabh Jogani

Rishabh Jogani

No abstract provided.


Decision-Making In Mediation: The New Old Grid And The New New Grid System, Leonard L. Riskin May 2015

Decision-Making In Mediation: The New Old Grid And The New New Grid System, Leonard L. Riskin

Leonard L Riskin

This Article reviews the author's previous mediator-orientation models and proposes a new system for understanding the range of mediator orientations based on substantive, procedural, and meta-procedural decision-making grids.


Teaching And Learning From The Mediations In Barry Werth's Damages, Leonard L. Riskin May 2015

Teaching And Learning From The Mediations In Barry Werth's Damages, Leonard L. Riskin

Leonard L Riskin

This essay is based primarily on materials the author developed for courses taught at the University of Missouri-Columbia, School of Law, in the winter 2002 and 2003 semesters, based on Barry Werth's book, "Damages."


Why Adr Programs Aren’T More Appealing: An Empirical Perspective, Michael Heise Feb 2015

Why Adr Programs Aren’T More Appealing: An Empirical Perspective, Michael Heise

Michael Heise

Standard law and economic theory suggests that litigating parties seeking to maximize welfare will participate in alternative dispute resolution (ADR) programs if they generate a surplus. ADR programs claim to generate social surplus partly through promoting settlements and reducing case disposition time. Although most associate ADR programs with trial courts, a relatively recent trend involves appellate court use of ADR programs. The emergence of court-annexed ADR programs raises a question. Specifically, if ADR programs achieve their goals of promoting settlements and reducing disposition time, why do some courts find it necessary to impose ADR participation? Attention to ADR’s ability to …