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Dispute Resolution and Arbitration Commons™
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Articles 31 - 60 of 128
Full-Text Articles in Dispute Resolution and Arbitration
Religious Arbitration And Its Struggles With American Law & Judicial Review, Sukhsimranjit Singh
Religious Arbitration And Its Struggles With American Law & Judicial Review, Sukhsimranjit Singh
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn
Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn
Northwestern Journal of Law & Social Policy
No abstract provided.
Panel Discussion: Expanding Our Conception Of Justice
Panel Discussion: Expanding Our Conception Of Justice
Northwestern Journal of Law & Social Policy
No abstract provided.
Restoring Bankruptcy’S Fresh Start, Jonathan S. Hermann
Restoring Bankruptcy’S Fresh Start, Jonathan S. Hermann
Fordham Law Review
The discharge injunction, which allows former debtors to be free from any efforts to collect former debt, is a primary feature of bankruptcy law in the United States. When creditors have systemically violated debtors’ discharge injunctions, some debtors have attempted to challenge those creditors through a class action lawsuit in bankruptcy court. However, the pervasiveness of class-waiving arbitration clauses likely prevents those debtors from disputing discharge injunction violations outside of binding, individual arbitration. This Note first discusses areas of disagreement regarding how former debtors may enforce their discharge injunctions. Then, it examines the types of disputes that allow debtors to …
A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim
A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim
Pepperdine Dispute Resolution Law Journal
This paper will reveal employers' perception of the EEOC Mediation Program and offer viable changes that may encourage more employer participation in the mediation program. Although the mediation program is supposed to be fair and neutral, the possibility of favoritism, bias, prejudice, or the perception thereof remains high because of the mediation program's structure. If the EEOC were to make changes to its program that also creates a perception of impartiality, then employers would be more willing to participate. To demonstrate this, Part II of this article will begin by discussing the history of the EEOC from its initiating mandate …
Culture And Its Importance In Mediation, Joel Lee
Culture And Its Importance In Mediation, Joel Lee
Pepperdine Dispute Resolution Law Journal
This article seeks to take the reader on this "meta-journey." It will first explore definitions and frameworks about culture before looking at how culture is important in mediation. Specific attention will be placed on the context of Singapore, and we will look at Singapore's journey to dealing with the intersection between culture and mediation. This article will then look at formulating a working model to traverse the intersections between status and belonging on one hand, and modes of communication and face concerns on the other.
Legal Design Lawyering: Rebooting Legal Business Model With Design Thinking, Vronique Fraser, Jean-Frangois Roberge
Legal Design Lawyering: Rebooting Legal Business Model With Design Thinking, Vronique Fraser, Jean-Frangois Roberge
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Corporate Conflict Management 4.0: Reflections On How To Get There From Here, Peter W. Benner
Corporate Conflict Management 4.0: Reflections On How To Get There From Here, Peter W. Benner
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Community Of Thinkers Workshop: A Summary Reflection, Karinya Verghese
Community Of Thinkers Workshop: A Summary Reflection, Karinya Verghese
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Session 4: Promoting Conflict-Competent Leadership And Holistic Conflict Management, Alexander Insam, David Huebner, Juergen Briem, Noah Hanft, Thomas J. Stipanowich
Session 4: Promoting Conflict-Competent Leadership And Holistic Conflict Management, Alexander Insam, David Huebner, Juergen Briem, Noah Hanft, Thomas J. Stipanowich
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Session 3: Harnessing The Power Of Information And Insight To Improve Strategic Decision Making And Choice, Mary Beth Cantrell, Randall Kiser, Alexander Insam, Donald R. Philbin Jr.
Session 3: Harnessing The Power Of Information And Insight To Improve Strategic Decision Making And Choice, Mary Beth Cantrell, Randall Kiser, Alexander Insam, Donald R. Philbin Jr.
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Session 2: Navigating, Building, And Strengthening Relationships, Nancy Vanderlip, Scott Patridge, Jeremy Lack, Debra Gerardi
Session 2: Navigating, Building, And Strengthening Relationships, Nancy Vanderlip, Scott Patridge, Jeremy Lack, Debra Gerardi
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Session One: Bridging Across Cultures, Bernd Fischer, Rene Insam, Helmut Buss
Session One: Bridging Across Cultures, Bernd Fischer, Rene Insam, Helmut Buss
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Foreword, Thomas J. Stipanowich, Alexander Insam
Foreword, Thomas J. Stipanowich, Alexander Insam
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Rationality Revisited: A Response To Professor Greenberg, S.I. Strong
Rationality Revisited: A Response To Professor Greenberg, S.I. Strong
Washington and Lee Law Review Online
Scholarly debate is meant to improve the legal community’s understanding of both the value and the limitations of a particular strand of research. While it is useful to identify areas of principled disagreement, there are times when criticism is not based on different interpretations of law or theory but instead on a misapprehension of the underlying facts or the context in which the initial analysis is placed. In those types of situations, it is necessary for the original author to provide a formal response to keep errors from entering into the legal literature.
This Article provides just such a response …
Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal, Naomi Gemmell
Pepperdine Dispute Resolution Law Journal
This Article proposes application of an ADR system for resolving online copyright disputes related to P2P file sharing. Section II provides an overview of P2P file sharing networks and associated copyright infringement. Section III explores current approaches that fall short in resolving P2P copyright disputes, namely the Digital Millennium Copyright Act, litigation, and private agreements. Section IV examines the two primary proposed solutions to online copyright disputes: alternative dispute resolution and federal small claims. Section V recommends that a streamlined online dispute resolution system is necessary (even if a federal small claims tribunal is adopted), and concludes.
Use Of Mediation To Recover Rights To Our Genes, Rachel Albert
Use Of Mediation To Recover Rights To Our Genes, Rachel Albert
Pepperdine Dispute Resolution Law Journal
No abstract provided.
The Medicare Appeals Crisis: Why Mediation Is The Medicine, Michelle Ellis
The Medicare Appeals Crisis: Why Mediation Is The Medicine, Michelle Ellis
Pepperdine Dispute Resolution Law Journal
This article will explore how unmeritorious RAC-reversals recently polluted the Medicare appeals process, and how this has led to a crisis for both providers and the United States Department of Health & Human Services (HHS). Furthermore, this article will consider the lack of available remedies and narrow measures taken by HHS, and will instead advocate for mediation as the best means of easing the backlog. While the delays also directly affect Medicare beneficiaries, this article will limit its discussion to the backlog in relation to providers and suppliers.
The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin
The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin
Pepperdine Dispute Resolution Law Journal
This article details the oft-debated issue of how labor arbitrators should reconcile collective bargaining agreements (CBAs) with public sources of law, i.e., “external law,” particularly when the plain meaning of a CBA would lead to an arbitration award in contravention of public law. This article traces the origin of the debate back to 1967, when renowned labor arbitrators Robert Howlett and Bernard Meltzer took opposing views on the matter in front of the National Academy of Arbitrators. Although Meltzer’s traditional view, that arbitrators should respect the CBA and ignore the law when the two diverge, may have been the more …
A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley
A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation, Robert Rubinson
Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation, Robert Rubinson
Nevada Law Journal
No abstract provided.
The South China Sea Arbitration Award, Bernard H. Oxman
The South China Sea Arbitration Award, Bernard H. Oxman
University of Miami International and Comparative Law Review
No abstract provided.
The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea
The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea
Arbitration Law Review
No abstract provided.
Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg
Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg
Arbitration Law Review
No abstract provided.
You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz
You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz
Arbitration Law Review
No abstract provided.
Doscher: The Second Circuit Frees Itself From Its Prior Look Through Approach, Fueling A Circuit Split, Peter Nelson
Doscher: The Second Circuit Frees Itself From Its Prior Look Through Approach, Fueling A Circuit Split, Peter Nelson
Arbitration Law Review
No abstract provided.
The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College
The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College
Arbitration Law Review
No abstract provided.
The Uberization Of Arbitration Clauses, Jill I. Gross
The Uberization Of Arbitration Clauses, Jill I. Gross
Arbitration Law Review
No abstract provided.
The Psychology Of Conflict: Mediating In A Diverse World, Samantha Skabelund
The Psychology Of Conflict: Mediating In A Diverse World, Samantha Skabelund
Arbitration Law Review
No abstract provided.