Open Access. Powered by Scholars. Published by Universities.®
Dispute Resolution and Arbitration Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (9)
- Legal Ethics and Professional Responsibility (9)
- International Law (8)
- Legal Profession (7)
- Civil Procedure (6)
-
- Courts (6)
- Litigation (6)
- Social and Behavioral Sciences (6)
- Commercial Law (4)
- Family Law (4)
- Intellectual Property Law (4)
- Labor and Employment Law (4)
- Law and Economics (4)
- Law and Society (4)
- Legal Education (4)
- Science and Technology Law (4)
- Transnational Law (4)
- Civil Law (3)
- Constitutional Law (3)
- Economics (3)
- International Trade Law (3)
- Internet Law (3)
- Law and Psychology (3)
- Property Law and Real Estate (3)
- Sociology (3)
- Agriculture Law (2)
- Business Organizations Law (2)
- Comparative and Foreign Law (2)
- Institution
-
- University of Missouri School of Law (28)
- University of Miami Law School (13)
- University of Maryland Francis King Carey School of Law (7)
- Georgetown University Law Center (4)
- Selected Works (4)
-
- SelectedWorks (4)
- Northwestern Pritzker School of Law (3)
- Penn State Law (3)
- Singapore Management University (3)
- University of Florida Levin College of Law (3)
- University of Michigan Law School (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (3)
- Texas A&M University School of Law (2)
- University of Cincinnati College of Law (2)
- University of Pennsylvania Carey Law School (2)
- Vanderbilt University Law School (2)
- Villanova University Charles Widger School of Law (2)
- Wayne State University (2)
- Boston University School of Law (1)
- Butler University (1)
- Cornell University Law School (1)
- Duke Law (1)
- Fordham Law School (1)
- Loyola University Chicago, School of Law (1)
- Osgoode Hall Law School of York University (1)
- Pace University (1)
- Southern Methodist University (1)
- The University of Maine (1)
- UC Law SF (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- Keyword
-
- Mediation (26)
- Dispute resolution (14)
- Negotiation (13)
- Arbitration (12)
- ADR (7)
-
- Alternative dispute resolution (6)
- Arbitration clauses (Contracts) (6)
- Dispute Resolution (5)
- Ethics (5)
- Conflict resolution (4)
- Health care (4)
- International arbitration (4)
- ADR Scholarship (3)
- Federal Arbitration Act (3)
- Good faith (3)
- Internet (3)
- Labor arbitration (3)
- Litigation (3)
- Mandatory (3)
- Adhesion contracts (2)
- Appellate procedure (Civil procedure) (2)
- Arbitration & award (2)
- Arbitration act (2)
- Arbitration agreements (2)
- Arbitrators (2)
- Attorney conduct (2)
- Bargaining (2)
- Commercial law (2)
- Comparative law (2)
- Conflict (2)
- Publication
-
- Journal of Dispute Resolution (24)
- University of Miami Law Review (12)
- Journal of Health Care Law and Policy (7)
- Faculty Scholarship (6)
- Faculty Publications (5)
-
- Georgetown Law Faculty Publications and Other Works (4)
- Scholarly Works (4)
- Journal Articles (3)
- Northwestern Journal of International Law & Business (3)
- UF Law Faculty Publications (3)
- All Faculty Scholarship (2)
- Articles (2)
- Faculty Articles and Other Publications (2)
- Law Faculty Research Publications (2)
- Research Collection Yong Pung How School Of Law (2)
- Vanderbilt Law School Faculty Publications (2)
- Villanova Law Review (2)
- American Indian Law Review (1)
- Book Chapters (1)
- Cornell Law Faculty Publications (1)
- Edward Ivan Cueva (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Erin Ryan (1)
- Faculty Journal Articles and Book Chapters (1)
- Gastón Fernández Cruz (1)
- Horacio M. LYNCH (1)
- John Lande (1)
- John Wade (1)
- Loyola University Chicago Law Journal (1)
- Maine Policy Review (1)
- Publication Type
- File Type
Articles 1 - 30 of 109
Full-Text Articles in Dispute Resolution and Arbitration
The Revolution You Won’T See On Tv, Jeff Rasley
The Revolution You Won’T See On Tv, Jeff Rasley
Scholarship and Professional Work - LAS
Article for Newsweek about the author’s experiences in mediation and jury trials as a civil litigator.
Getting A Head Start: More Intake Questions And Tips For Mediators, Marjorie Corman Aaron
Getting A Head Start: More Intake Questions And Tips For Mediators, Marjorie Corman Aaron
Faculty Articles and Other Publications
A party's initial inquiry to a mediator about potentially participating in a case provides many opportunities for the neutral to initiate the steps necessary for a successful resolution. This article focuses on a list of intake questions for the mediator to direct to the parties.
Lurking In The Shadow: The Unseen Hand Of Doctrine In Dispute Resolution, Ray Madoff
Lurking In The Shadow: The Unseen Hand Of Doctrine In Dispute Resolution, Ray Madoff
Ray D. Madoff
Mediation - with its promise of less contentious, less expensive and more satisfying resolution of disputes - has been widely recommended for disputes in all areas of the law. Yet its successes have been far from uniform. While it has flourished in some areas - most notably divorce and child custody - it has met with much greater resistance in others. This is particularly puzzling for areas of the law such as will disputes, for which mediation would seem to provide so many benefits.
In this essay I argue that the answer to this conundrum can be found in doctrine …
At First Glance: Maximizing The Mediator‘S Initial Contact, Marjorie Corman Aaron
At First Glance: Maximizing The Mediator‘S Initial Contact, Marjorie Corman Aaron
Faculty Articles and Other Publications
First moves matter. A mediator’s strategic choices during the initial contact can encourage the next steps that will produce a successful mediation, or render mediation less likely or less productive.
Book Review: Bennett Explains Arbitration Fundamentals, Without The Legalese, Amy J. Schmitz
Book Review: Bennett Explains Arbitration Fundamentals, Without The Legalese, Amy J. Schmitz
Faculty Publications
At the outset of the book, Steven Bennett expresses "fervent hope that this book will be of use to lawyers, law students and business people interested in learning the fundamentals of arbitration law." The book therefore focuses on fundamental, or basic, arbitration concepts and norms. It does not purport to provide in-depth discussion and analysis of arbitration law, but instead serves as a shelf reference or primer that promises to achieve Bennett's goal.
On Apology And Consilience, Erin Ann O'Hara, Douglas Yarn
On Apology And Consilience, Erin Ann O'Hara, Douglas Yarn
Washington Law Review
This Article joins the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing their focus on the importance of apologies. The article develops an evolutionary economic analysis of apology that combines the tools of economics, game theory, and biology to more fully understand its role in dispute resolution. When the analysis is applied to the uses of apology before and at trial, a more sophisticated understanding of the relationship between apology and the law emerges.
The First International Competition For Online Dispute Resolution: Is This Big, Different And New?, Benjamin G. Davis, Franklin G. Snyder, Kay Elkins Elliott, Peter B. Manzo, Alan Gaitenby, David Allen Larson
The First International Competition For Online Dispute Resolution: Is This Big, Different And New?, Benjamin G. Davis, Franklin G. Snyder, Kay Elkins Elliott, Peter B. Manzo, Alan Gaitenby, David Allen Larson
Faculty Scholarship
In February of 2002, the International Competition for Online Dispute Resolution (ICODR) was held to address the issue of new uses of technology is dispute resolution. This article describes the competition with individual presentations from the perspectives of a problem drafter, a coach, a participant, the evaluators, and an organizer. In the conclusion, the author presents some observations on why this International Competition for Online Dispute Resolution is big, different, and new.
The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao Li Chang
The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao Li Chang
Research Collection School Of Economics
This paper attempts to study the usage of the GATT/WTO dispute settlement mechanism and to explain its patterns across different regimes and decades, using a unified theoretical model. This study first explores the role of the degree of legal controversy over a panel ruling in determining countries’ incentives to block/appeal a panel report under the GATT/WTO regime. The model is able to explain the surge in blocking incidence during the 1980s over the preceding GATT years and the immense frequency at which the new appellate procedure under the WTO is invoked. Furthermore, a two-sided asymmetric information framework is used to …
The Unanswered Question From Green Tree Financial Corp. V. Randolph: How Much Is Too Much Before The Costs Of Arbitration Become A Barrier To Due Process?, Robert W. Abel
University of Miami Law Review
No abstract provided.
How Important Is A Title? An Examination Of The Private Law Created By The Motion Picture Association Of America, Edward Robert Mccarthy
How Important Is A Title? An Examination Of The Private Law Created By The Motion Picture Association Of America, Edward Robert Mccarthy
University of Miami Law Review
No abstract provided.
State Court Attempts To Limit The Applicability Of The Federal Arbitration Act In A Post Lopez World, Kristen Brown
State Court Attempts To Limit The Applicability Of The Federal Arbitration Act In A Post Lopez World, Kristen Brown
University of Miami Law Review
No abstract provided.
User Friendly: Informality And Expertise, Annelise Riles
User Friendly: Informality And Expertise, Annelise Riles
Cornell Law Faculty Publications
No abstract provided.
Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware
Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware
University of Miami Law Review
No abstract provided.
Is The U.S. Out On A Limb? Comparing The U.S. Approach To Mandatory Consumer And Employment Arbitration To That Of The Rest Of The World, Jean R. Sternlight
Is The U.S. Out On A Limb? Comparing The U.S. Approach To Mandatory Consumer And Employment Arbitration To That Of The Rest Of The World, Jean R. Sternlight
University of Miami Law Review
No abstract provided.
Ethics Issues In Arbitration And Related Dispute Resolution Processes: What's Happening And What's Not, Carrie Menkel-Meadow
Ethics Issues In Arbitration And Related Dispute Resolution Processes: What's Happening And What's Not, Carrie Menkel-Meadow
University of Miami Law Review
No abstract provided.
Tweaking The Market For Autonomy: A Problem-Solving Perspective To Informed Consent In Arbitration, Clark Freshman
Tweaking The Market For Autonomy: A Problem-Solving Perspective To Informed Consent In Arbitration, Clark Freshman
University of Miami Law Review
No abstract provided.
Ashcroft Sends Signal Of Support For Adr In Justice Dept., Richard C. Reuben, Kevin R. Kemper
Ashcroft Sends Signal Of Support For Adr In Justice Dept., Richard C. Reuben, Kevin R. Kemper
Faculty Publications
In his first public comments on the issue, U.S. Attorney General John Ashcroft signaled his support for the Justice Department's longstanding commitment to the use of alternative dispute resolution options.
In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher
In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher
University of Miami Law Review
No abstract provided.
The Ballad Of Transborder Arbitration, Thomas E. Carbonneau
The Ballad Of Transborder Arbitration, Thomas E. Carbonneau
University of Miami Law Review
No abstract provided.
The Use Of Arbitration By Federal Agencies To Solve Environmental Disputes: All Wrapped Up In Red Tape, Sarah B. Belter
The Use Of Arbitration By Federal Agencies To Solve Environmental Disputes: All Wrapped Up In Red Tape, Sarah B. Belter
University of Miami Law Review
No abstract provided.
Online Arbitration Of Cross-Border, Business To Consumer Disputes, Karen Sewart, Joseph Matthews
Online Arbitration Of Cross-Border, Business To Consumer Disputes, Karen Sewart, Joseph Matthews
University of Miami Law Review
No abstract provided.
Dr Ethics Book Brings It All Together, Jonathan R. Cohen
Dr Ethics Book Brings It All Together, Jonathan R. Cohen
UF Law Faculty Publications
Dispute resolution practice has changed dramatically over the past several decades. The traditional litigation model has increasingly given way to a “multi-door” vision of varied dispute resolution practices. With that functional change in how we process disputes has come a pressing need to address the varied ethical challenges of these varied practices. Dispute Resolution Ethics is a marvelous contribution toward that effort.
Self-Determination In Dispute System Design And Employment Arbitration, Lisa B. Bingham
Self-Determination In Dispute System Design And Employment Arbitration, Lisa B. Bingham
University of Miami Law Review
No abstract provided.
Cyberspace And Domain Name Disputes: A Look At The Forums And Remedies Available To Trademark Holders In Cyberspace, J. Kyle Mccurry
Cyberspace And Domain Name Disputes: A Look At The Forums And Remedies Available To Trademark Holders In Cyberspace, J. Kyle Mccurry
Journal of Dispute Resolution
The purpose of this Comment is to define the scope and advantages of using both the UDRP and the ACPA. In the same regard, this Comment looks at the limitations of the UDRP and the ACPA and the problems which have arisen in the arbitrations and cases that have come under both.
Retaining Bargained-For Finality And Judicial Review In Labor Arbitration Decisions: Dual Interests Preserved In Major League Baseball Players Association V. Garvey - Major League Baseball Players Assn. V. Garvey, Emily J. Huitsing
Journal of Dispute Resolution
Arbitration has for years been the principal means of labor dispute resolution. As a part of labor contracts, workers agree to arbitrate disputes with their employers, bargaining for this forum as their choice method of dispute resolution. Occasionally, however, the decision of an arbitrator strays far from what a court believes the outcome of the dispute between employer and employee should be. In these cases, a conflict arises between the finality and stability of the bargained-for arbitrator's decision and the need for judicial upset of clearly errant arbitral decisions
Culture Change - A Tale Of Two Cities And Mandatory Court-Connected Mediation, Julie Macfarlane
Culture Change - A Tale Of Two Cities And Mandatory Court-Connected Mediation, Julie Macfarlane
Journal of Dispute Resolution
This is the first study to ask Canadian lawyers to describe in depth what they really think about mediation and the impact it has had on their litigation practices.'3 Their responses are rich, reflective and diverse. Many different understandings of mediation goals within litigation are present in the legal profession itself, and this lack of consensus is reflected in the results of this study. Before explaining the methodology of the study, it is useful to first set out its theoretical premises and to relate these to previous research on the legal profession which offer important insights relevant to the development …
Cookie Cutter Syndrome: Legal Reform Assistance Under Post-Communist Democratization Programs, The, Cynthia Alkon
Cookie Cutter Syndrome: Legal Reform Assistance Under Post-Communist Democratization Programs, The, Cynthia Alkon
Journal of Dispute Resolution
This article begins with a brief background of ADR, democratization programs, and legal reform programs. Section Three describes the Cookie Cutter Syndrome and examines the assumptions that shape legal reform efforts and that impact if and how ADR is used. Section Four examines how legal and judicial reform programs could look more broadly at using various forms of ADR to more effectively change the legal cultures in post-communist societies. The article concludes that legal reform assistance needs to further individualize programs for the conditions in specific countries, and that assistance programs should more fully integrate ADR. I do not recommend …
Does An Employee's Binding Arbitration Agreement Limit The Enforcement Of Powers Of The Eeoc: The Supreme Court Rules That It Does Not - Equal Employment Opportunity Comm. V. Waffle House, Adam W. Graves
Journal of Dispute Resolution
The friction between the FAA and Title VII arises when an injured employee has signed an arbitration agreement with an employer and subsequently experiences discrimination in some fashion in the workplace. The FAA would require that the employee take the action to arbitration, whereas if the EEOC found probable cause, it could file in its own name and avoid the arbitration agreement. So, should the EEOC be allowed to recover on the behalf of an employee who has signed an arbitration agreement? A circuit split on this issue prompted the Supreme Court to grant certiorari in EEOC v. Waffle House."
Uniform Arbitration Act Update - Foreword, The, Timoth J. Heinsz
Uniform Arbitration Act Update - Foreword, The, Timoth J. Heinsz
Journal of Dispute Resolution
The standard for review of arbitrator awards remains a hotly litigated topic. Pelc v. Petoskey, Hough v. State Farm Insurance, and Hart v. McChristian are examples of the limited review even when arbitral awards are challenged for errors of law or of fact. The student project covers these and many other cases decided under the UAA. All attorneys handling cases under the UAA, scholars writing on issues relating to the Act, and judges determining cases involving the statute should consider this comprehensive and high quality case analysis.
Recent Developments: The Uniform Arbitration Act, Jamie Hansen, Daniel L. Massey, Dustin C. Read, Natalie A. Voris
Recent Developments: The Uniform Arbitration Act, Jamie Hansen, Daniel L. Massey, Dustin C. Read, Natalie A. Voris
Journal of Dispute Resolution
Since 1983, this annual Article 2 has been prepared to provide a survey of recent developments in the case law interpreting and applying the various state versions of the Uniform Arbitration Act3. The purpose is to promote uniformity in the interpretation of the U.A.A. by developing and explaining the underlying principles and rationales courts have applied in recent cases.4