Open Access. Powered by Scholars. Published by Universities.®

Dispute Resolution and Arbitration Commons™

Open Access. Powered by Scholars. Published by Universities.®

2017

Discipline
Institution
Keyword
Publication
Publication Type

Articles 1 - 30 of 237

Full-Text Articles in Dispute Resolution and Arbitration

A Review Of Nevada Patron Dispute Decisions, Mark Lerner, Emily Cunningham Dec 2017

A Review Of Nevada Patron Dispute Decisions, Mark Lerner, Emily Cunningham

UNLV Gaming Law Journal

No abstract provided.

Go to article

Mosten And Scully’S New Book On Unbundled Legal Services, John M. Lande Dec 2017

Mosten And Scully’S New Book On Unbundled Legal Services, John M. Lande

Faculty Blogs

This post discusses Forrest (Woody) Mosten and Elizabeth Potter Scully’s book, Unbundled Legal Services: A Family Lawyer’s Guide. Unbundling involves providing specified services to legal clients rather than “full service” representation. Unbundling is particularly helpful in family matters because parties generally understand the issues and may represent themselves well if they have some legal help. Many family courts are overwhelmed with large numbers of cases involving self-represented litigants, so providing unbundled legal services can make a significant contribution to the legal system. In virtually all types of cases, some people have the interests in unbundling, not just family matters.

Go to article

Takeaways From New Hampshire Mediation Training, John M. Lande Dec 2017

Takeaways From New Hampshire Mediation Training, John M. Lande

Faculty Blogs

This post highlights some key findings from survey data and focus-group-like comments from court mediation training for the training participants as well as readers of this blog.

Go to article

Stone Soup: Learning How People Actually Prepare For Negotiation And Mediation, John Lande Dec 2017

Stone Soup: Learning How People Actually Prepare For Negotiation And Mediation, John Lande

Faculty Blogs

This post suggests questions in Stone Soup interviews that students can ask lawyers and mediators about how they prepare for negotiation and mediation.

Go to article

A Tale Of Two Trade Powers: Balancing Investor-State Dispute Settlement And Environmental Risk Between The European Union And United States In A Changing Political Climate, Sarah Ben-Moussa Dec 2017

A Tale Of Two Trade Powers: Balancing Investor-State Dispute Settlement And Environmental Risk Between The European Union And United States In A Changing Political Climate, Sarah Ben-Moussa

Fordham Environmental Law Review

No abstract provided.

Go to article

International Investment Arbitration In Laos: Large Issues For A Small State, Romesh Weeramantry, Mahdev Mohan Dec 2017

International Investment Arbitration In Laos: Large Issues For A Small State, Romesh Weeramantry, Mahdev Mohan

Research Collection Yong Pung How School Of Law

Laos is no stranger to international investment arbitration. Despite its status as one of Southeast Asia's least developed countries, it has had an Investment Law for more than two decades and is also a party to several bilateral and Association of South East Asian Nations (ASEAN)-related investment agreements. More recently, two investment treaty claims have been made against it, one of which has given rise to an award challenge that went all the way to Singapore's highest court. This article will examine the history, evolution and current iteration of Laos' relationship with international investment law and focus on the two …

Go to article

Vicarious Liability, Non-Delegable Duty And The Ng Huat Seng Decision, Kee Yang Low Dec 2017

Vicarious Liability, Non-Delegable Duty And The Ng Huat Seng Decision, Kee Yang Low

Research Collection Yong Pung How School Of Law

In recent times, courts in Singapore and elsewhere have been grappling with the issue of delegability of duty of care. In the process, they have vigorously defended the conventional position that a duty of care is, in general, delegable. Accordingly, attempts at broadening the ambit of vicarious liability and non-delegable duty, respectively, have been carefully scrutinized. The recent Singapore Court of Appeal decision of Ng Huat Seng v Munib Mohammad Madni adds to the judicial thinking on this complicated and controversial subject.

Go to article

Letter To Kelly, John Lande Dec 2017

Letter To Kelly, John Lande

Faculty Blogs

This is a letter I wrote to someone who was about to start law school. I advised keeping focused on their goals and how best to achieve them. I cautioned about portrayals of lawyers on TV and in the movies. I warned about the “hidden curriculum” which creates misimpressions by focusing on appellate cases. I encouraged them to remember what it is like to be a “normal” person, a perspective they may forget after being initiated in the legal tribe. I advised trying to see the world through others’ eyes.

Go to article

What A Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability And Codifying The Scope Of The Provisions Of Arbitration Agreements, Taylor Payne, Richard Bales Dec 2017

What A Contract Has Joined Together Let No Court Cast Asunder: Abolishing Separability And Codifying The Scope Of The Provisions Of Arbitration Agreements, Taylor Payne, Richard Bales

West Virginia Law Review

No abstract provided.

Go to article

Court-Connected Alternative Dispute Resolution In Maine, Howard H. Dana Jr. Nov 2017

Court-Connected Alternative Dispute Resolution In Maine, Howard H. Dana Jr.

Maine Law Review

With these words of prophecy the Commission to Study the Future of Maine's Courts launched its discussion of alternative dispute resolution (ADR). Although conceding that “the adversary process ... has served the people of the state well” and acknowledging that “the state must continue to provide a forum for forceful advocacy that produces a definite and binding judicial decision” the Commission asked the Maine judicial and legislative branches to embrace ADR. For the last dozen years, the Author has been the Supreme Judicial Court's (SJC's) liaison to its ADR Planning and Implementation Committee and Chair of the Court's Advisory Committee …

Go to article

Inside The Arbitrator's Mind, Susan D. Franck, Anne Van Aaken, James Freda, Chris Guthrie, Jeffrey J. Rachlinski Nov 2017

Inside The Arbitrator's Mind, Susan D. Franck, Anne Van Aaken, James Freda, Chris Guthrie, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional wisdom that arbitrators render “split the baby” decisions. Although direct comparisons are difficult, we find that arbitrators generally perform at least as well as, but never …

Go to article

Third-Party Funding In International Arbitration, Victoria Sahani Nov 2017

Third-Party Funding In International Arbitration, Victoria Sahani

Shorter Faculty Works

Third-party funding, also known as litigation funding, is a financing method in which an entity that is not a party to a particular dispute funds another party’s legal fees or pays an order, award, or judgment rendered against that party, or both. Third-party funding is a growing phenomenon that is becoming more mainstream in both the litigation and the international arbitration communities. The leading jurisdictions worldwide — in terms of volume and sophistication of third-party funding arrangements — are Australia, the U.K., the U.S. and Germany. In the past, third-party funding was a smaller niche market, but in recent years, …

Go to article

Prompting Deliberation About Nanotechnology: Information, Instruction, And Discussion Effects On Individual Engagement And Knowledge, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Alan Tomkins Nov 2017

Prompting Deliberation About Nanotechnology: Information, Instruction, And Discussion Effects On Individual Engagement And Knowledge, Lisa M. Pytlikzillig, Myiah J. Hutchens, Peter Muhlberger, Alan Tomkins

Lisa PytlikZillig Publications

Deliberative (and educational) theories typically predict knowledge gains will be enhanced by information structure and discussion. In two studies, we experimentally manipulated key features of deliberative public engagement (information, instructions, and discussion) and measured impacts on cognitive-affective engagement and knowledge about nanotechnology. We also examined the direct and moderating impacts of individual differences in need for cognition and gender. Findings indicated little impact of information (organized by topic or by pro-con relevance). Instructions (prompts to think critically) decreased engagement in Study 1, and increased it in Study 2, but did not impact postknowledge. Group discussion had strong positive benefits for …

Go to article

Lessons From The Aba’S Excellent Report On Mediator Techniques, John M. Lande Nov 2017

Lessons From The Aba’S Excellent Report On Mediator Techniques, John M. Lande

Faculty Blogs

This post highlights findings from the report of the ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques. The report identified 47 studies from the past four decades that analyzed effects of particular mediator actions on certain mediation outcomes. The Task Force found that none of the categories of mediator actions has clear, uniform effects across the studies. In general, the studies found that some generally uncontroversial actions – such as eliciting suggestions, focusing on emotions and relationships, building trust, expressing empathy, praising disputants, and setting agendas – may or may not produce positive effects. It found …

Go to article

Often Wrong, Never In Doubt: How Anti-Arbitration Expectancy Bias May Limit Access To Justice, Becky L. Jacobs Oct 2017

Often Wrong, Never In Doubt: How Anti-Arbitration Expectancy Bias May Limit Access To Justice, Becky L. Jacobs

Maine Law Review

While there long have been “alternatives” to the traditional trial for those seeking to resolve disputes, the so-called “litigation explosion” in the 1970s inspired a campaign for reform of the administration of justice that resulted in the modern ADR movement. The movement had many disparate goals, not the least of which was to improve public access to justice. At the historic 1976 National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice (Pound Conference), Harvard Law Professor Frank E.A. Sander first posited the concept of a “comprehensive justice center,” more famously referred to as a “multi-door courthouse,” …

Go to article

Mapping The World: Facts And Meaning In Adjudication And Mediation, Robert Rubinson Oct 2017

Mapping The World: Facts And Meaning In Adjudication And Mediation, Robert Rubinson

Maine Law Review

This Article explores what is and what is not in adjudication and mediation, thus illuminating the profound differences between these two processes. The Article does this work in four parts. First, it offers an analysis of cognitive mapmaking and its inevitability in constructing meaning. It then explores how adjudication defines meaning in a particular way. This Article then conducts a comparable analysis of mediation. Finally, it focuses on the bridging function attorneys play between the worlds of mediation and adjudication in light of the Author’s analysis and the practical implications of this function.

Go to article

Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli Oct 2017

Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli

Carol Pauli

News media interviews bring opposing voices into the public forum where, ideally, audience members can deliberate and reach democratic compromise. But in today’s politically polarized atmosphere, partisans increasingly accuse each other of being a threat to the country, and prospects for compromise have suffered. Journalists have been urged to take a more affirmative role, promoting problem-solving and opposing conflict. They have stopped short, citing professional norms that demand a stance of neutral detachment. This Article turns to the principles of transformative mediation. Like journalism, it is detached from any goal of settlement. It aims instead at increasing the capacity of …

Go to article

Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli Oct 2017

Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli

Carol Pauli

If Donald Trump, kicking off his campaign for the White House, was saying “what everyone is thinking,” about illegal immigration, it must be that his message mirrored a narrative that already existed in the minds of his audience. That fearful story of criminals invading the U.S. borders has long been a dominant theme in the mainstream news immigration story. Like all news stories, this one focuses attention on some facts at the expense of others. Like many news stories, it draws its power from earlier, well-known tales — some as old as the Flood. This article recommends that the news …

Go to article

Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli Oct 2017

Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli

Carol Pauli

News media interviews bring opposing voices into the public forum where, ideally, audience members can deliberate and reach democratic compromise. But in today's politically polarized atmosphere, partisans increasingly accuse each other of being a threat to the country, and prospects for compromise have suffered. Journalists have been urged to take a more affirmative role, promoting problem solving and opposing conflict. They have stopped short, citing professional norms that demand a stance of neutral detachment. This article turns to the principles of transformative mediation. Like journalism, it is detached from any goal of settlement. It aims instead at increasing the capacity …

Go to article

Alternative Dispute Resolution, Patrick Crowley Oct 2017

Alternative Dispute Resolution, Patrick Crowley

The Catholic Lawyer

No abstract provided.

Go to article

Alternative Dispute Resolution, Jessie Clayton Dye Oct 2017

Alternative Dispute Resolution, Jessie Clayton Dye

The Catholic Lawyer

No abstract provided.

Go to article

Alternative Dispute Resolution, Sister Donna Mikula Oct 2017

Alternative Dispute Resolution, Sister Donna Mikula

The Catholic Lawyer

No abstract provided.

Go to article

Alternative Dispute Resolution, Santiago Feliciano, Jr. Oct 2017

Alternative Dispute Resolution, Santiago Feliciano, Jr.

The Catholic Lawyer

No abstract provided.

Go to article

Clergy Arbitrator Liability: A Potential Pitfall Of Alternative Dispute Resolution In The Church, Lee Tarte Oct 2017

Clergy Arbitrator Liability: A Potential Pitfall Of Alternative Dispute Resolution In The Church, Lee Tarte

The Catholic Lawyer

No abstract provided.

Go to article

A Realist Systematic Review Of Cross-Sector Collaboration Implementation In Developing Countries & Mediation As A Useful Instrument, Jessica Kritz Oct 2017

A Realist Systematic Review Of Cross-Sector Collaboration Implementation In Developing Countries & Mediation As A Useful Instrument, Jessica Kritz

Pepperdine Dispute Resolution Law Journal

This review will provide a realistic systematic review to synthesize evidence on successful cross-sector collaboration implementation in developing (low and middle income) countries. More specifically, this review will explicitly consider interactions between strategy, context, and mechanisms to provide an indication as to how cross-sector collaboration governance helps some cross-sector collaboration succeed, grow, and become sustainable. This paper will also present mediation as potentially a useful mechanism to implement cross-sector collaboration implementation in developing countries.

Go to article

Mediating Towards Forgiveness & Family Reconciliation In Divorce; Select Issues In Dispute Resolution: Apology & Forgiveness, Selina J. Shultz Oct 2017

Mediating Towards Forgiveness & Family Reconciliation In Divorce; Select Issues In Dispute Resolution: Apology & Forgiveness, Selina J. Shultz

Pepperdine Dispute Resolution Law Journal

This paper examines the importance of forgiveness and the rebuilding of trust in the reconciliation of the family during and after a divorce, and contemplates the mediator’s role in leading the parties in this direction.

Go to article

Identity-Related Information Asymmetry: Exploring Responses To The “Faceless Other”, Connor Bildfell Oct 2017

Identity-Related Information Asymmetry: Exploring Responses To The “Faceless Other”, Connor Bildfell

Pepperdine Dispute Resolution Law Journal

This paper will explore the following core question: What are the various ways in which a known subject may respond to the “faceless other,” and how do we navigate and explain that choice? I will proceed as follows: Parts I and II synthesize the literature on identity and anonymity in conflicts. Part I focuses on understanding the behavior of the “faceless other”, and Part II examines theories as to how the subject responds to the “faceless other.” In Part III, I argue that, when faced with IRIA, we typically adopt one of five common (though often ill-advised) responses. These are …

Go to article

The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin Oct 2017

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. The 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 …

Go to article

Utility Function And Rational Choice As Support Mechanisms To Maximize Mediation And Legal Negotiation Settlement Output, Roberto Kuster Oct 2017

Utility Function And Rational Choice As Support Mechanisms To Maximize Mediation And Legal Negotiation Settlement Output, Roberto Kuster

Pepperdine Dispute Resolution Law Journal

This article provides a general negotiation background, establishing some basic definitions such as BATNA, interests, and “Shadow of Law.” Then, it works with the two-step process of utility maximization and rational choice to achieve the optimal settlement output within mediation and legal negotiation processes. Lastly, it points out methods to support the theories in ways that a lawyer could understand and apply correctly. Thus, the article offers an idea for an optimal settlement in a legal negotiation/mediation. It takes the complementary views of recognized authors, from Fisher and Ury’s "how to negotiate" manual, Raiffa's lucid explanation of applied game theory, …

Go to article

Investor-State Dispute Settlement Reconceptionalized: Regulation Of Disputes, Standards And Mediation, M. R. Dahlan, Wolf Von Kumberg Oct 2017

Investor-State Dispute Settlement Reconceptionalized: Regulation Of Disputes, Standards And Mediation, M. R. Dahlan, Wolf Von Kumberg

Pepperdine Dispute Resolution Law Journal

This paper argues that the current criticisms of Investor-State Dispute Settlement (ISDS) are ill-informed, and attempts at reforming the system are misguided. The definition of ISDS itself has been, for a long time, limited to investment quasi-judicial bodies or at best arbitration. Analysis of the roots of the ever growing backlash reveals that the main causes for concern are politically negotiated investment treaties, an inherently biased system, lack of transparency, and inconsistent decision-making. Examination of the core reasons behind these complaints leads to the conclusion that the EU Commission’s solution to reform ISDS through a permanent court raises more issues …

Go to article

Next Last