Open Access. Powered by Scholars. Published by Universities.®
Dispute Resolution and Arbitration Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (1072)
- Social and Behavioral Sciences (683)
- Litigation (665)
- Courts (605)
- Labor and Employment Law (587)
-
- Contracts (546)
- International Trade Law (529)
- Comparative and Foreign Law (513)
- Administrative Law (505)
- Law and Society (495)
- Environmental Law (454)
- State and Local Government Law (446)
- Civil Procedure (431)
- Law and Economics (425)
- Commercial Law (420)
- Natural Resources Law (419)
- Entertainment, Arts, and Sports Law (397)
- Legislation (380)
- Legal Ethics and Professional Responsibility (369)
- Public Affairs, Public Policy and Public Administration (356)
- Water Law (349)
- Constitutional Law (323)
- Jurisdiction (323)
- Physical Sciences and Mathematics (310)
- Civil Law (308)
- Environmental Sciences (305)
- Property Law and Real Estate (305)
- Natural Resources Management and Policy (302)
- Institution
-
- University of Missouri School of Law (1210)
- Selected Works (563)
- Pepperdine University (485)
- University of Colorado Law School (350)
- Penn State Law (317)
-
- SelectedWorks (310)
- Singapore Management University (310)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (256)
- Notre Dame Law School (217)
- University of Michigan Law School (205)
- University of Georgia School of Law (153)
- Columbia Law School (142)
- Texas A&M University School of Law (89)
- Vanderbilt University Law School (88)
- Schulich School of Law, Dalhousie University (87)
- American University Washington College of Law (84)
- University of Miami Law School (78)
- BLR (77)
- Seattle University School of Law (77)
- University of Maryland Francis King Carey School of Law (76)
- Mitchell Hamline School of Law (73)
- Fordham Law School (72)
- Yeshiva University, Cardozo School of Law (68)
- University of Pennsylvania Carey Law School (66)
- St. John's University School of Law (63)
- Touro University Jacob D. Fuchsberg Law Center (61)
- Cleveland State University (57)
- Maurer School of Law: Indiana University (57)
- University of Pittsburgh School of Law (57)
- Pace University (53)
- Keyword
-
- Arbitration (1205)
- Mediation (793)
- Dispute resolution (644)
- Dispute Resolution (347)
- Negotiation (321)
-
- Alternative dispute resolution (292)
- ADR (263)
- Major League Baseball (213)
- Litigation (183)
- Mediator (166)
- Federal Arbitration Act (142)
- International arbitration (135)
- Law (118)
- Contracts (113)
- United States (112)
- Courts (111)
- Ethics (88)
- International law (86)
- Jurisdiction (85)
- Settlement (83)
- Conflict resolution (80)
- International Law (77)
- Collective bargaining (74)
- California (69)
- Dispute settlement (68)
- International (68)
- Conflict (67)
- FAA (67)
- International commercial arbitration (67)
- Labor arbitration (66)
- Publication Year
- Publication
-
- Journal of Dispute Resolution (960)
- Pepperdine Dispute Resolution Law Journal (395)
- Faculty Scholarship (334)
- Research Collection Yong Pung How School Of Law (284)
- Arbitration Law Review (267)
-
- Faculty Publications (199)
- Scholarly Works (145)
- Articles (141)
- Faculty Blogs (111)
- Arbitrator Charts (107)
- All Faculty Scholarship (99)
- Georgia Journal of International & Comparative Law (94)
- Nevada Law Journal (92)
- Nevada Supreme Court Summaries (82)
- ExpressO (76)
- Seattle University Law Review (73)
- Pepperdine Law Review (68)
- Michigan Law Review (65)
- Columbia Center on Sustainable Investment Staff Publications (60)
- Alejandro Faya Rodriguez (57)
- Journal Articles (51)
- Publications (51)
- Articles in Law Reviews & Other Academic Journals (50)
- Innis Christie Collection (48)
- Nancy Welsh (42)
- Georgetown Law Faculty Publications and Other Works (40)
- Indiana Law Journal (37)
- UF Law Faculty Publications (37)
- Horacio M. LYNCH (36)
- Elisabeth Haub School of Law Faculty Publications (35)
- Publication Type
Articles 5431 - 5460 of 7081
Full-Text Articles in Dispute Resolution and Arbitration
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
Oh, Ye Of Little (Good) Faith: Questions, Concerns And Commentary On Efforts To Regulate Participant Conduct In Mediations, Roger L. Carter
Oh, Ye Of Little (Good) Faith: Questions, Concerns And Commentary On Efforts To Regulate Participant Conduct In Mediations, Roger L. Carter
Journal of Dispute Resolution
There are many types of mediation. This article focuses exclusively on mediations within Professor Lande's "liti-mediation culture" - those dealing with disputes that are or may become the subject of litigation. I address both court-connected and private mediations as I believe that the potential for bad faith exists in both. Following this Introduction, in Part II, I examine definitions of "good faith" in mediation, I then review commentary and case law on good faith requirements. In Part III, I argue that certain objectively determinable behavior ought to be proscribed. By contrast, some good faith standards adopted by courts or advocated …
To Sever Or To Destroy: The Eighth Circuit Allows Invalid Provisions To Be Served From Otherwise Enforceable Arbitration Agreements, Michael K. Daming
To Sever Or To Destroy: The Eighth Circuit Allows Invalid Provisions To Be Served From Otherwise Enforceable Arbitration Agreements, Michael K. Daming
Journal of Dispute Resolution
The Federal Arbitration Act ("FAA") allows for arbitration to be a medium by which parties may settle disputes more expeditiously than litigation. The FAA declares specifically that written agreements to resolve disputes through arbitration are "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.,' 2
Mediation In The Modern Millennium, Nadja Alexander
Mediation In The Modern Millennium, Nadja Alexander
Research Collection Yong Pung How School Of Law
In Australia we call it "Mediation", the French say "la mediation", and the Germans "die Mediation". The term is global, stemming from the Latin, mediatio'; the process universal, its inherent flexibility transcending historical and national legal norms and systemic differences. Indeed, forms of mediation can be traced back to sources in ancient Greece, the Bible, traditional communities in Asia and Africa, and to the fourteenth Century English 'Mediators of Questions'. Mediation, however, does not exist in a vacuum. It operates against a backdrop of national dispute management culture and institutional rules and regulations. Accordingly, it is nothing less than misleading …
Emergencia, Derecho , Justicia Y Seguridad Jurídica, Horacio M. Lynch
Emergencia, Derecho , Justicia Y Seguridad Jurídica, Horacio M. Lynch
Horacio M. LYNCH
Análisis de la respuesta judicial a la crisis económica de 2002 involucrando, entre otras, las siguientes cuestiones: los amparos, su tramitación, y sus secuelas; la declaración de la inconstitucionalidad de oficio, "órdenes imposibles de cumplir", la colisión de derechos; y cuestiones político institucionales, como la gobernabilidad y el gobierno de los jueces.
Appellate Mediation In New Mexico: An Evaluation, Roger A. Hanson, Richard Becker
Appellate Mediation In New Mexico: An Evaluation, Roger A. Hanson, Richard Becker
The Journal of Appellate Practice and Process
No abstract provided.
On The Importance Of Institutions: Review Of Arbitral Awards For Legal Errors, Peter B. Rutledge
On The Importance Of Institutions: Review Of Arbitral Awards For Legal Errors, Peter B. Rutledge
Scholarly Works
In my view, legislatures, rather than courts or parties, should decide whether (and to what extent) courts should review arbitral awards for errors of law. The optimal legislative mechanism should not be compulsory but should offer parties the choice whether to "opt-in" to this regime of expanded review by inserting language to that effect in their arbitration agreement. A legislative solution with an "opt-in" feature has a sounder doctrinal foundation, better respects the distribution of power between various branches of government, involves a lower risk of error and minimizes transaction costs. From this position, two additional conclusions follow: first, courts …
The Contemplative Lawyer: On The Potential Contributions Of Mindfulness Meditation To Law Students, Lawyers, And Their Clients, Leonard L. Riskin
The Contemplative Lawyer: On The Potential Contributions Of Mindfulness Meditation To Law Students, Lawyers, And Their Clients, Leonard L. Riskin
UF Law Faculty Publications
This Article proposes that introducing mindfulness meditation into the legal profession may improve practitioners' well-being and performance and weaken the dominance of adversarial mind-sets. By enabling some lawyers to make more room for - and act from - broader and deeper perspectives, mindfulness can help lawyers provide more appropriate service (especially through better listening and negotiation) and gain more personal satisfaction from their work.
Part I of this article describes a number of problems associated with law school and law practice. Part II sets forth a variety of ways in which lawyers, law schools, and professional organizations have tried to …
Legislating Apology: The Pros And Cons, Jonathan R. Cohen
Legislating Apology: The Pros And Cons, Jonathan R. Cohen
UF Law Faculty Publications
Should apologies be admissible into evidence as proof of fault in civil cases? While this question is a simple one, its potential ramifications are great, and legislative and scholarly interest in the admissibility of apologies has exploded. Shortly after the idea of excluding apologies from admissibility into evidence was raised in academic circles three years ago, it rapidly spread to the policy arena. For example, California and Florida enacted laws in 2000 and 2001 respectively excluding from admissibility apologetic expressions of sympathy ("I'm sorry that you are hurt") but not fault-admitting apologies ("I'm sorrythat I injured you") after accidents. Eight …
Book Review: A Guide To Arbitration Practice In Australia, Nadja Alexander
Book Review: A Guide To Arbitration Practice In Australia, Nadja Alexander
Research Collection Yong Pung How School Of Law
No abstract provided.
Mediating Ethically: The Limits Of Codes Of Conduct And The Potential Of A Reflective Practice Model, Julie Macfarlane
Mediating Ethically: The Limits Of Codes Of Conduct And The Potential Of A Reflective Practice Model, Julie Macfarlane
Osgoode Hall Law Journal
Discussions regarding the appropriate ethical behaviours for mediators and the subsequent development of formal codes of conduct have focused on hallmark issues such as third party impartiality and party self-determination. However, in an informal process, ethical choices are inherent in every intervention made by a mediator. In adopting the standard-setting approach of an adjudicative model, mediator codes of conduct are a poor fit with the conceptual and structural characteristics of this fluid, uncertain, and essentially private process. Confining the substantive and conceptual debate over mediation ethics to formal codes dangerously underestimates both the scope and the significance of choices faced …
Should An Arbitration Provision Trump The Class Action? No: Permitting Companies To Skirt Class Actions Through Mandatory Arbitration Would Be Dangerous And Unwise, Jean R. Sternlight
Should An Arbitration Provision Trump The Class Action? No: Permitting Companies To Skirt Class Actions Through Mandatory Arbitration Would Be Dangerous And Unwise, Jean R. Sternlight
Scholarly Works
Companies are deliberately using mandatory arbitration to prevent consumers and employces from joining together in class actions. As Carroll Neesemann has explained, eliminating the class action is a "strong incentive" of those companies that impose the requirement of arbitration on consumers and employees. Mr. Neesemann defends this phenomenon, and his article offers companies and their attorneys some tips on how to effectively use arbitration to insulate themselves from the threat of class actions. By contrast, this essay argues that it is dangerous and unwise to permit companies to use mandatory arbitration to exempt themselves from class action suits.
Current Issues In International Arbitration, Michael P. Malloy
Current Issues In International Arbitration, Michael P. Malloy
McGeorge School of Law Scholarly Articles
No abstract provided.
The Duckwater Shoshone Drug Court, 1997-2000: Melding Traditional Dispute Resolution With Due Process, Ronald Eagleye Johnny
The Duckwater Shoshone Drug Court, 1997-2000: Melding Traditional Dispute Resolution With Due Process, Ronald Eagleye Johnny
American Indian Law Review
No abstract provided.
Disputing Together: Conflict Resolution And The Search For Community, Robert M. Ackerman
Disputing Together: Conflict Resolution And The Search For Community, Robert M. Ackerman
Law Faculty Research Publications
No abstract provided.
Dispute Resolution In A World Of Uncertainty: A Symposium Introduction, Robert M. Ackerman
Dispute Resolution In A World Of Uncertainty: A Symposium Introduction, Robert M. Ackerman
Law Faculty Research Publications
No abstract provided.
Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John Lande
John Lande
This Article discusses what can be done to promote productive behavior in mediation and reduce bad conduct. Although most participants do not abuse the mediation process, some people use mediation to drag out litigation, gain leverage for later negotiations, and generally wear down the opposition. Rules requiring good-faith participation are likely to be ineffective and possibly counterproductive. This Article proposes using dispute system design principles to develop policies satisfying the interests of stakeholders in court-connected mediation programs. After outlining interests of key stakeholder groups including litigants, attorneys, courts, and mediators, the Article describes specific policies that could satisfy their interests. …
False Dichotomies And Asking The Right Questions, John Wade
False Dichotomies And Asking The Right Questions, John Wade
John Wade
This is a comment on a recent article entitled Enacting and Reproducing Social and Individual Identity Through Mediation by Ho-Beng Chia, Chee-Leong Chong, Joo-Eng Lee-Partridge, Chantel Chu Shi Hwee, and Sharon Francesca Koh Wei-Fei, in Conflict Resolution Quarterly, 2000, 19(1).
Teoría General De La Prueba Judicial, Edward Ivan Cueva
Teoría General De La Prueba Judicial, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.