Open Access. Powered by Scholars. Published by Universities.®
Dispute Resolution and Arbitration Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social and Behavioral Sciences (31)
- Environmental Studies (27)
- Civic and Community Engagement (26)
- Sociology (26)
- Civil Law (24)
-
- Civil Procedure (24)
- Arts and Humanities (16)
- History (16)
- Environmental Law (13)
- Labor and Employment Law (10)
- State and Local Government Law (7)
- Administrative Law (5)
- Courts (5)
- Earth Sciences (5)
- Environmental Sciences (5)
- Hydrology (5)
- Litigation (5)
- Natural Resources Law (5)
- Natural Resources Management and Policy (5)
- Natural Resources and Conservation (5)
- Physical Sciences and Mathematics (5)
- Water Law (5)
- Water Resource Management (5)
- Agriculture Law (4)
- Energy Policy (4)
- Energy and Utilities Law (4)
- Environmental Policy (4)
- Indigenous, Indian, and Aboriginal Law (4)
- Institution
-
- University of Missouri School of Law (32)
- University of North Florida (27)
- University of Colorado Law School (5)
- Schulich School of Law, Dalhousie University (3)
- University of Richmond (3)
-
- Chicago-Kent College of Law (2)
- University of Kentucky (2)
- University of Michigan Law School (2)
- University of Washington School of Law (2)
- American University Washington College of Law (1)
- Florida State University College of Law (1)
- Maurer School of Law: Indiana University (1)
- Mitchell Hamline School of Law (1)
- Osgoode Hall Law School of York University (1)
- Penn State Law (1)
- SelectedWorks (1)
- UIC School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (1)
- Vanderbilt University Law School (1)
- Washington and Lee University School of Law (1)
- William & Mary Law School (1)
- Keyword
-
- College students -- Florida -- Jacksonville -- Political activity (27)
- Conservation of natural resources -- Florida -- Jacksonville -- Societies, etc -- History (27)
- Nature trails -- Florida -- Jacksonville (27)
- Sawmill Slough Conservation Club -- History (27)
- University of North Florida -- Societies, etc -- History (27)
-
- Arbitration (11)
- Mediation (5)
- Adr (4)
- Alternative dispute resolution (4)
- Labor arbitration (4)
- Collective Agreement (3)
- Collective bargaining (3)
- Constitution (3)
- Litigation (3)
- Adjudication (2)
- Agreements (2)
- Arvin-Edison Water Storage District (2)
- California (2)
- Changing demands (2)
- Consent (2)
- Consumer (2)
- Dispute resolution (2)
- Electric Consumers Protection Act (2)
- General motors (2)
- Intermountain Power Project (2)
- Laws (2)
- Negotiation (2)
- Nevada (2)
- Public employees (2)
- Public policy (2)
- Publication
-
- Journal of Dispute Resolution (32)
- Historical Documents (27)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (5)
- Innis Christie Collection (3)
- All Faculty Scholarship (2)
-
- Articles (2)
- Kentucky Law Journal (2)
- Law Faculty Publications (2)
- Articles & Book Chapters (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Faculty Scholarship (1)
- Florida State University Law Review (1)
- Indiana Law Journal (1)
- Journal Articles (1)
- Judith L. Maute (1)
- Other Publications (1)
- Scholarly Works (1)
- UIC John Marshall Journal of Information Technology & Privacy Law (1)
- University of Arkansas at Little Rock Law Review (1)
- University of Richmond Law Review (1)
- Vanderbilt Journal of Transnational Law (1)
- Washington Law Review (1)
- Washington and Lee Law Review (1)
- William & Mary Environmental Law and Policy Review (1)
- Publication Type
Articles 1 - 30 of 91
Full-Text Articles in Dispute Resolution and Arbitration
The Interplay Of Civil Service And Collective Bargaining Law In Public Sector Employee Discipline Cases, Ann C. Hodges
The Interplay Of Civil Service And Collective Bargaining Law In Public Sector Employee Discipline Cases, Ann C. Hodges
Law Faculty Publications
This article undertakes such a review with respect to one aspect of the potential conflict between merit systems and collective bargaining- employee discipline and the appeal of discipline decisions. Protection from arbitrary or unjust discipline is a primary motivation for employee unionization. As a result, achieving protection from unjust disciplinary action becomes a fundamental goal of unions in collective bargaining. Public sector unions in the United States are particularly interested in "discipline, grievance procedures and organizational due process"....
Section IV of this article reviews the approaches of the various states that have addressed the issue, analyzing them in light of …
State Of Florida Division Of Administrative Hearings: Order Closing File, William F. Quattlebaum
State Of Florida Division Of Administrative Hearings: Order Closing File, William F. Quattlebaum
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
State Of Florida Division Of Administrative Hearings: Petitioner's Withdrawal Of Request For Administrative Hearing, Timothy Keyser
State Of Florida Division Of Administrative Hearings: Petitioner's Withdrawal Of Request For Administrative Hearing, Timothy Keyser
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
Joint Press Release, October 8, 1990, Michael Woodward
Joint Press Release, October 8, 1990, Michael Woodward
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
Arbitration Of A Securities Dispute—An Overview For The Practitioner, Richard C. Downing, Patrick R. James
Arbitration Of A Securities Dispute—An Overview For The Practitioner, Richard C. Downing, Patrick R. James
University of Arkansas at Little Rock Law Review
No abstract provided.
The Role Of Alternative Dispute Resolution In Superfund Enforcement, Heidi Wilson Abbott
The Role Of Alternative Dispute Resolution In Superfund Enforcement, Heidi Wilson Abbott
William & Mary Environmental Law and Policy Review
No abstract provided.
Using Mediation In Cases Of Simple Rape
Using Mediation In Cases Of Simple Rape
Washington and Lee Law Review
No abstract provided.
State Of Florida Division Of Administrative Hearings: Petitioner's Motion To Compel Production Of Documents, Timothy Keyser, William F. Quattlebaum
State Of Florida Division Of Administrative Hearings: Petitioner's Motion To Compel Production Of Documents, Timothy Keyser, William F. Quattlebaum
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
State Of Florida Division Of Administrative Hearings: Respondent, University Of North Florida First Interrogatories To Petitioner, T R. Hainline Jr., Marcia P. Parker, Timothy Keyser
State Of Florida Division Of Administrative Hearings: Respondent, University Of North Florida First Interrogatories To Petitioner, T R. Hainline Jr., Marcia P. Parker, Timothy Keyser
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
St. Johns River Water Management District: All Petitioners Answers To University Of North Florida's First For Admissions, Timothy Keyser
St. Johns River Water Management District: All Petitioners Answers To University Of North Florida's First For Admissions, Timothy Keyser
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
St. Johns River Water Management District: Petition For Administrative Hearing, Timothy Keyser
St. Johns River Water Management District: Petition For Administrative Hearing, Timothy Keyser
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
Re Memorial University Of Newfoundland Faculty Association And Memorial University Of Newfoundland, Innis Christie
Re Memorial University Of Newfoundland Faculty Association And Memorial University Of Newfoundland, Innis Christie
Innis Christie Collection
Union grievance alleging breach of the Collective Agreement between the parties in effect from April 1, 1988 to March 31, 1991 in that the Employer failed to act in accordance with Appendix F, Article 1.5.1 and other articles of the Collective Agreement which are alleged to apply to the grievor.
At the commencement of the hearing counsel agreed that I am properly seized of this matter and that I should remain seized after the issue of this award to deal with any matters arising from its application. They also agreed to waive any time limits, either pre-hearing or post-hearing, in …
State Of Florida Divison Of Administrative Hearings: Petitioners' Motions To Compel And In Limine And Memorandum Of Law, Timothy Keyser
State Of Florida Divison Of Administrative Hearings: Petitioners' Motions To Compel And In Limine And Memorandum Of Law, Timothy Keyser
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
State Of Florida Diviosn Of Administrative Hearings: Notice Of Taking Deposition, T R. Hainline Jr
State Of Florida Diviosn Of Administrative Hearings: Notice Of Taking Deposition, T R. Hainline Jr
Historical Documents
Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida
State Of Florida Division Of Administrative Hearings: Respondent University Of North Florida's First Request For Admissions To Petitioner Michael W. Woodward July 2, 1990 And Amended Petition For Administrative Hearing August 31, 1990, Marcia P. Parker, T R. Hainline Jr, Timothy Keyser
State Of Florida Division Of Administrative Hearings: Respondent University Of North Florida's First Request For Admissions To Petitioner Michael W. Woodward July 2, 1990 And Amended Petition For Administrative Hearing August 31, 1990, Marcia P. Parker, T R. Hainline Jr, Timothy Keyser
Historical Documents
Legal Documents related to The Sawmill Sough conservation Club vs. the University of North Florida
Before The First Shot Is Fired: Hypothetical Use Of Alternative Dispute Resolution To Avoid A Re-Enactment Of The Hatfields And The Mccoys - Kirkham V. Wright, Christian C. Doherty, Christopher J. Moeller
Before The First Shot Is Fired: Hypothetical Use Of Alternative Dispute Resolution To Avoid A Re-Enactment Of The Hatfields And The Mccoys - Kirkham V. Wright, Christian C. Doherty, Christopher J. Moeller
Journal of Dispute Resolution
Kirkham v. Wright was chosen as the subject case because it represents the type of dispute that is extremely well suited to resolution through the ADR process. While some argument exists about the law in Kirkham,2 the bulk of the dispute revolves around the application of the law to the facts.' Furthermore, this case was eventually settled after remand,4 which leads to the conclusion that a settlement may have been possible earlier. Additionally, while the attorneys involved would not disclose the legal costs, it is a safe estimate that they ran into the tens of thousands of dollars.'
Arbitration Of Securities Disputes: Rodriguez And New Arbitration Rules Leave Investors Holding A Mixed Bag, William C. Hermann
Arbitration Of Securities Disputes: Rodriguez And New Arbitration Rules Leave Investors Holding A Mixed Bag, William C. Hermann
Indiana Law Journal
No abstract provided.
Overextension Of Arbitral Authority: Punitive Damages And Issues Of Arbitrability—Raytheon Co. V. Automated Business Systems, Inc., 882 F.2d 6 (1st Cir. 1989), Douglas R. Davis
Overextension Of Arbitral Authority: Punitive Damages And Issues Of Arbitrability—Raytheon Co. V. Automated Business Systems, Inc., 882 F.2d 6 (1st Cir. 1989), Douglas R. Davis
Washington Law Review
Recently, commercial arbitrators' authority to award a full spectrum of remedies has greatly increased. In Raytheon Co. v. Automated Business Systems, Inc., the United States Court of Appeals for the First Circuit affirmed an arbitral award of punitive damages. The court upheld the award despite the arbitrators' failure to address a prehearing objection to the arbitrability of such sanctions. This Note concludes that courts should require arbitrators to resolve pre-hearing challenges to their authority and recommends that arbitrators interpret broadly-drafted arbitration clauses to encompass only traditional contract remedies.
Dispute Resolution: A Matrix Of Mechanisms, Nancy Neslund
Dispute Resolution: A Matrix Of Mechanisms, Nancy Neslund
Journal of Dispute Resolution
The purpose of this Article is to respond to the oft-repeated comment that, in spite of the massive attention various dispute resolution mechanisms have received in the last decade, theoretical research in the area has been woefully lacking.' This Article is not intended as a culmination of dispute resolution knowledge, but as a necessary first step, fabricating a structure of dispute resolution mechanisms on which later research, theoretical and empirical, can hang. The output of the Article is a suggested organization of the body of knowledge known as dispute resolution, or popularly-alternative dispute resolution or ADR, 2 into its three …
Litigation Management Proposals: Storm Clouds For Voluntary Adr, Leo Dreyer
Litigation Management Proposals: Storm Clouds For Voluntary Adr, Leo Dreyer
Journal of Dispute Resolution
This Article will examine in detail some of the current reform proposals relating to case management of civil litigation and court-annexed alternative dispute resolution. These projects or proposals, discussed in more detail in ensuing sections, include the Final Report and Recommendations of the ABA Special Commission on Mass Torts,' the ALI Complex Litigation Project,' the Report of the Federal Courts Study Committee, 3 the Multiparty, Multiforum Jurisdiction Bill of 1989, 4 and the Civil Justice Reform Act of 1990 along with the underlying Report of the Civil Litigation Project.5
Mediation And Medical Malpractice Disputes: Potential Obstacles In The Traditional Lawyer's Perspective, Andrew Mcmullen
Mediation And Medical Malpractice Disputes: Potential Obstacles In The Traditional Lawyer's Perspective, Andrew Mcmullen
Journal of Dispute Resolution
This Comment will examine the applicability of mediation in the resolution of medical disputes and the advantages its proponents assert can be achieved with its use. The focus, however, will be upon the lawyer's perspective towards this alternative method and the obstacles that may be present which would impede or prevent the success of mediation.
When Your Law Firm Wants A Divorce: Mediating The Dissolution Of Law Firms, Brian K. Asberry
When Your Law Firm Wants A Divorce: Mediating The Dissolution Of Law Firms, Brian K. Asberry
Journal of Dispute Resolution
Part II of this Comment will discuss in detail the two primary issues facing a law firm that is dealing with dissolution: property division and "custody" of the firm's clients upon dissolution. 15 Part III will review the Pennsylvania Bar Association Program and examine the successes enjoyed by the program. Part IV will look at the benefits of using mediation in firm dissolutions and analyze the advantages between alternative dispute resolution and litigation
Consumer Problems And Adr: An Analysis Of The Federal Trade Commission-Ordered General Motors Mediation And Arbitration Program, Arthur Best
Journal of Dispute Resolution
This Article evaluates a controversial mediation and arbitration program established by General Motors (GM) for owners of certain cars. It began in 1984, under the terms of a Federal Trade Commission (FTC) consent order settling charges that GM had deceptively failed to inform buyers that particular models of cars contained components that had unusually low durability. When the settlement was proposed, debate centered on whether the public interest would be served best by: 1) creation of mediation and arbitration opportunities for individual owners; or 2) prosecution of a single action seeking uniform compensation for all owners. One commissioner feared that …
Mediator Accountability: Responding To Fairness Concerns, Judith L. Maute
Mediator Accountability: Responding To Fairness Concerns, Judith L. Maute
Journal of Dispute Resolution
Mediation and newer forms of dispute resolution provide much-needed options to the traditional litigation forum. The adversary process is too contentious, expensive and time-consuming for many disputes. Nevertheless, some thoughtful lawyers and legal scholars voice concern that mediation may cut short legal developments on important issues of public concern and reinforce existing power disparities between parties.' Traditional commitment to mediator neutrality may undermine protection of parties' legal rights.
Enforcing Forum-Selection Clauses: The Federal Court Dilemma And The Arbitration Clause Alternative, Lee R. Hardee
Enforcing Forum-Selection Clauses: The Federal Court Dilemma And The Arbitration Clause Alternative, Lee R. Hardee
Journal of Dispute Resolution
The inclusion of forum-selection' and arbitration clauses has become standard in commercial contracts throughout the United States.2 Parties choose to include these clauses for a variety of reasons: to provide a neutral or convenient forum, to reduce the risk of being sued in multiple forums where a party does business in many states,3 and in the case of arbitration clauses4 to avoid the high cost of litigation.'
Mini-Trial: Misunderstanding And Miscommunication May Short-Circuit Its Effective Use In Settlements - Lightwave Technologies, Inc. V. Corning Glass Works, The, Annie Billings
Journal of Dispute Resolution
This Casenote will discuss the basic elements and appropriate uses of the mini-trial. It will also compare the mini-trial with other ADR processes and evaluate the advantages and disadvantages of using the mini-trial. Finally, this Casenote will analyze how the parties and their attorneys in the present case wrestled with an alleged agreement to settle their dispute through a mini-trial. Because one of the parties was never fully appraised of how the mini-trial would proceed, the process was aborted and settlement negotiations broke down.
Arbitration Awards In Uninsured And Underinsured Motorist Insurance Provisions: Which Public Policy To Apply - Mendes V. Automobile Insurance Co. Of Hartford, L. Dean Wilson
Journal of Dispute Resolution
This Note examines how the Connecticut Supreme Court handled a case involving an automobile insurance policy that called for arbitration of disputes concerning uninsured and underinsured motorist coverage, but allowed either party to demand a trial de novo if unsatisfied With the arbitration award.
Enforcing International Arbitration Agreements - Marchetto V. Dekalb Genetics Corp., Karen L. Massey
Enforcing International Arbitration Agreements - Marchetto V. Dekalb Genetics Corp., Karen L. Massey
Journal of Dispute Resolution
The importance, magnitude and frequency of international business transactions have necessitated finding an acceptable method of resolving disputes arising from such transactions. Parties to international commercial transactions often come from nations with cultures and legal systems which are greatly diverse.2 Arbitration agreements in international commercial contracts are a preferred manner of resolving disputes.3 Arbitration is a method of providing orderliness and predictability in an area in which it is necessary, but often difficult to achieve.4 In order for the arbitration system to work, courts of law must be willing to relinquish their jurisdiction and allow the arbitration system to resolve …
Book Review , Rona L. Pietrzak
Book Review , Rona L. Pietrzak
Journal of Dispute Resolution
ANATOMY OF MEDIATION is a case study of a contract dispute between an opera company and a musicians' union. The facilitated negotiations, which take place over ten days, are presented in the form of an annotated transcript which is introduced by a summary of the four primary purposes of the mediator 5 and the twenty-five topics which are used to accomplish these central purposes. The case study is presented and then dissected in detail in order to describe what the authors call the "keys to success".6 Finally, mini-case studies are used to portray a complex business dispute, a sexual harassment …
Recent Developments: The Uniform Arbitration Act, Gregory K. Barnes, Cynthia R. Bradley-Bishop, Michele Carroll, Richard W. Fischer
Recent Developments: The Uniform Arbitration Act, Gregory K. Barnes, Cynthia R. Bradley-Bishop, Michele Carroll, Richard W. Fischer
Journal of Dispute Resolution
Arbitration as a forum for dispute resolution has been a part of the American common law heritage for at least the past one hundred fifty years. However, until recently, state law was almost uniformly biased against arbitration.2 The theory at common law was that either party to an agreement to arbitrate future disputes could void the agreement at any time.3 This legal environment rendered the institution of arbitration impotent in any situation in which one of the parties decided that their interests would be better served if the dispute was resolved in a more traditional court setting