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)
- Labor and Employment Law (664)
- Courts (605)
-
- 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 (370)
- 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)
- Schulich School of Law, Dalhousie University (164)
- University of Georgia School of Law (153)
- Columbia Law School (142)
- Texas A&M University School of Law (89)
- Vanderbilt University Law School (89)
- 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 (645)
- Dispute Resolution (347)
- Negotiation (322)
-
- 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)
- Jurisdiction (93)
- Ethics (90)
- International law (86)
- Settlement (84)
- 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)
- Innis Christie Collection (125)
- 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)
- 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 5521 - 5550 of 7159
Full-Text Articles in Dispute Resolution and Arbitration
Making It Up As They Go Along: The Role Of Law In Securities Arbitration, Barbara Black, Jill I. Gross
Making It Up As They Go Along: The Role Of Law In Securities Arbitration, Barbara Black, Jill I. Gross
Elisabeth Haub School of Law Faculty Publications
What is the current role of the law in securities arbitration? Given the difficulties investors would encounter in pleading and proving their claims in court, they may well be better off in a system where less attention is paid to the law and more to the equities of the actual dispute before the arbitration panel. While this is not a system where accountability and predictability of results can be achieved, investors may, in fact, fare better than they might expect. It follows then that if equitable considerations enhance rather than subtract from investors' chances of recovery, then investors need not …
Can Saints Negotiate? A Brief Introduction To The Problems Of Perfect Ethics In Bargaining, Scott R. Peppet
Can Saints Negotiate? A Brief Introduction To The Problems Of Perfect Ethics In Bargaining, Scott R. Peppet
Publications
No abstract provided.
Fit And Functional In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Fit And Functional In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers
Michigan Journal of International Law
In this Article, the author develops a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, integrated mechanisms for making those norms both binding and enforceable are proposed. In making these proposals, the author rejects the classical conception of legal ethics as a purely deontological product derived from first principles. This Article argues, instead, that ethics derive from the inter-relational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, the author …
Maine’S Family Division—Lighting A Dark Stairway, John David Kennedy, Wendy Rau
Maine’S Family Division—Lighting A Dark Stairway, John David Kennedy, Wendy Rau
Maine Policy Review
No abstract provided.
Disputants' Decision Control In Court-Connected Mediation: A Hollow Promise Without Procedural Justice, Nancy A. Welsh
Disputants' Decision Control In Court-Connected Mediation: A Hollow Promise Without Procedural Justice, Nancy A. Welsh
Faculty Scholarship
Professor Deborah Hensler suggests in the lead article of this Symposium issue that the courts' embrace of facilitative, interest-based mediation may have been ill-conceived. She argues that there is insufficient evidence to conclude that litigants are more satisfied with mediation than with adjudicative alternatives such as arbitration and trial. She also urges that there is sufficient evidence to show that litigants prefer processes that vest decision control in third parties. Both of these assertions are subject to challenge,' but this Comment will focus upon the significance of giving decision control to the disputants in consensual processes.
Using available research, this …
"An Overwhelming Question" About Non-Formal Procedure, Thomas O. Main
"An Overwhelming Question" About Non-Formal Procedure, Thomas O. Main
Scholarly Works
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
Scholarly Works
After quickly summarizing the landscape of mandatory arbitration both within and without the United States, this article will consider why mandatory arbitration is treated so disparately, whether it is problematic that approaches to mandatory arbitration are so varied among countries, and what the differing jurisdictions can and should learn from one another. The article concludes that the United States Congress should be very concerned with the fact that we are treating mandatory arbitration more permissively than other countries. I, along with many others, have previously presented many arguments for why mandatory arbitration is problematic. Our outlier status on this issue …
Procedural Justice Research And The Paucity Of Trials, Chris Guthrie
Procedural Justice Research And The Paucity Of Trials, Chris Guthrie
Vanderbilt Law School Faculty Publications
Professor Deborah Hensler tells an important cautionary tale about mandatory mediation in her thoughtful and provocative contribution to this volume. In Suppose It's Not True: Challenging Mediation Ideology, Hensler observes that courts are now requiring litigants to mediate civil cases "on the grounds that litigants prefer [mediation] to traditional litigation," yet there is "a long line of social psychological research on individuals' evaluations of different dispute resolution procedures" consistent with the "idea that litigants might prefer adversarial litigation and adjudication" to mediation.' Hensler acknowledges that "some experimental research has found that subjects prefer mediation," but she argues that "the empirical …
International Commercial Arbitration In Cyberspace: Recent Developments, Ljiljana Biukovic
International Commercial Arbitration In Cyberspace: Recent Developments, Ljiljana Biukovic
Northwestern Journal of International Law & Business
This article examines some features of virtual arbitration and argues that the use of new technology and the development of e-commerce raise some interesting questions to international arbitration laws. Part It describes initiatives to develop online dispute resolution. Part III discusses virtual dispute resolution centers, including, how, why, and where they function. More importantly, however, Part III investigates the differences between online and off-line arbitration, where the focus remains on three questions. The first question is a crucial one. It has been debated by scholars and practitioners but still remains unresolved: will arbitration agreements concluded online and arbitration awards rendered …
Knowledge, Legitimacy, Efficiency And The Institutionalization Of Dispute Settlement Procedures At The World Trade Organization And The World Intellectual Property Organization, Michael P. Ryan
Northwestern Journal of International Law & Business
International legal research regarding international economic dispute settlement tends to be a-theoretical. A theoretically-grounded analytic framework is employed in this article which draws from scholarship from political science, sociology, and economics regarding institutions and international governmental organizations. The knowledge-legitimacy-efficiency analytic framework is applied in this article to studies of General Agreement on Tariffs and Trade (GA TT)/World Trade Organization (WTO) dispute settlement in order to relate this relevant scholarship to the economic field under primary study, Internet domain names. GA TT/WTO knowledge regarding international trade law has thickened through multi-lateral trade negotiations and dispute settlement decisions. The WTO's legitimacy is …
Creating A Market For Justice; A Market Incentive Solution To Regulating The Playing Field: Judicial Deference, Judicial Review, Due Process, And Fair Play In Online Consumer Arbitration, Llewellyn Joseph Gibbons
Creating A Market For Justice; A Market Incentive Solution To Regulating The Playing Field: Judicial Deference, Judicial Review, Due Process, And Fair Play In Online Consumer Arbitration, Llewellyn Joseph Gibbons
Northwestern Journal of International Law & Business
Swindlers, purveyors of substandard products or services, and honest traders unable to perform their agreements can access the global market as easily as legitimate and capable businesses. The impersonal nature of e-commerce makes it more difficult for traders to discern a merchant or transaction that will not satisfy their expectations. This article analyzes procedural due process concerns as an element of arbitration in online dispute resolution ("ODR") in business-to-consumer ("B2C") e-commerce. B2C e-commerce will be worth an estimated $250 billion by the end of 2003, but one factor hindering its growth is the lack of effective dispute resolution. For reasons …
Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle
Human Rights, Civil Wrongs And Foreign Relations: A "Sinical" Look At The Use Of U.S. Litigation To Address Human Rights Abuses Abroad, Jacques Delisle
All Faculty Scholarship
No abstract provided.
Finding Out If It Is True: Comparing Mediation And Negotiation Through Research, Craig A. Mcewen, Roselle L. Wissler
Finding Out If It Is True: Comparing Mediation And Negotiation Through Research, Craig A. Mcewen, Roselle L. Wissler
Journal of Dispute Resolution
In this article, we first use existing research evidence to contextualize more clearly the place of civil case mediation in the litigation process. When we understand civil mediation as part of adversarial litigation - rather than as distinct from it - we see the importance of comparing mediation and unassisted negotiation. Next, we discuss research and commentary on the barriers to negotiation and the ways in which mediation might help overcome them. This work provides a more pragmatic and empirically grounded perspective on the potential value of mediation than does "mediation ideology" and suggests a wide range of "hypotheses" to …
Negotiations Goes To War, Charles J. Dunlap Jr., Paula B. Mccarron
Negotiations Goes To War, Charles J. Dunlap Jr., Paula B. Mccarron
Faculty Scholarship
No abstract provided.
Lawyers, Non-Lawyers And Mediation: Rethinking The Professional Monopoly From A Problem-Solving Perspective , Jacqueline Nolan-Haley
Lawyers, Non-Lawyers And Mediation: Rethinking The Professional Monopoly From A Problem-Solving Perspective , Jacqueline Nolan-Haley
Faculty Scholarship
Mediation is a big business today that is practiced by lawyers and non-lawyers, and is closely related to the business of law. Lawyers have a long-standing monopoly on the law business and do not look favorably on sharing their power with nonlawyers. This phenomenon is odd because it occurs at the same time that the legal profession is beginning to embrace a new ethic of problem-solving that honors the values of collaboration and power-sharing among professionals in multiple disciplines. Lawyers protect their professional monopoly through the unauthorized practice of law ("UPL") doctrine that limits the practice of law to licensed …
Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John M. Lande
Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John M. Lande
Faculty Publications
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 important interests of key stakeholder groups, including litigants, attorneys, courts, and mediators, the Article describes specific policies that could satisfy their …
Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow
Practicing "In The Interests Of Justice" In The Twenty-First Century: Pursuing Peace As Justice, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
In these comments I suggest that in our current world, both international and domestic, practicing "in the interests of justice" includes-indeed, should give great priority to-the "peace-seeking" and "problem solving" aspects of lawyering. I continue to see this as counter-cultural to the more common practices of lawyers who are argumentative, persuasive and articulate debaters, who believe fervently and vigorously that seeking justice, on behalf of a client or cause, means advocating for and "winning" a legal claim. To the contrary, seeking peace for parties (and, indeed, nation-states) in conflict, searching for consensus solutions to seemingly intractable public policy and legal …
Behavioral Genetics And The Best Interests Of The Child Decision Rule, David J. Herring
Behavioral Genetics And The Best Interests Of The Child Decision Rule, David J. Herring
Articles
This article proposes that modern child custody law should be reassessed in light of recent scientific findings. Judicial determinations of custody use the "best interests of the child" rule. The rule is justified to a large extent by the goal of maximizing child developmental outcomes. The assumption is that a child whose "best interests" are protected stands a better chance of becoming a socially well-adjusted, productive and prosperous citizen.
Recent child development studies have shown that so-called "shared environment," or home environment factors have little effect on child development so long as the shared environment is minimally adequate. Genetics and …
Introduction: What Adr Means Today, Theodore J. St. Antoine
Introduction: What Adr Means Today, Theodore J. St. Antoine
Other Publications
The sort of cachet a Hollywood screenplay once ascribed to "plastics" seems today to have adhered to "ADR." ADR stands, of course, for alternative dispute resolution. It refers to various methods by which neutral third parties assist persons engaged in a conflict to settle their differences without invoking the decision-making power of the state. And for many people, ADR has become the byword for a much-needed panacea for an overly litigious society. This book is designed to get behind the mystique of ADR, to show how it really works, and to enhance the skills of anyone interested in exploiting its …
Fast, Cheap & Out Of Control: Lessons From The Icann Dispute Resolution Process, Elizabeth G. Thornburg
Fast, Cheap & Out Of Control: Lessons From The Icann Dispute Resolution Process, Elizabeth G. Thornburg
Faculty Journal Articles and Book Chapters
Some people have argued that the uniform dispute resolution process used by ICANN to resolve domain name disputes would be a good model for internet disputes generally. This article argues the opposite: the UDRP teaches sobering lessons about the consequences of privatized dispute resolution processes. The lessons include: the questionable legitimacy of privately-adopted substantive standards; the danger of unprincipled choice of law decisions to fill in the gaps in that private law; unreconciled splits among arbitrators as to the meaning of the standards; and a tendency to expand beyond the narrow jurisdictional limits of the policy. The UDRP also demonstrates …
Punitive Damages: How Jurors Fail To Promote Efficiency, W. Kip Viscusi
Punitive Damages: How Jurors Fail To Promote Efficiency, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Evidence of corporate risk-cost balancing often leads to inefficient punitive damages awards, suggesting that jurors fail to base their decision making on principles of economic efficiency. In this Article, Professor Viscusi presents the results of two experiments regarding jury behavior and punitive damages. In the first experiment, Professor Viscusi found that mock jurors punish companies for balancing risk against cost, although award levels vary depending on how the economic analysis is presented at trial. The results of the second experiment suggested that mock jurors are unwilling or unable to follow a set of model jury instructions designed to generate efficient …
Ending A Mud Bowl: Defining Arbitration’S Finality Through Functional Analysis, Amy J. Schmitz
Ending A Mud Bowl: Defining Arbitration’S Finality Through Functional Analysis, Amy J. Schmitz
Faculty Publications
The Federal Arbitration Act (FAA) and Uniform Arbitration Act (UAA), on the state level, prescribe a nearly identical procedural and remedial scheme for promoting independent, self-contained arbitration. To that end, both acts curtail courts' review of arbitration awards, by limiting the grounds for vacating awards to those aimed at ensuring only basic procedural fairness. Nonetheless, seemingly "pro-arbitration" impulses have driven some courts' eager application, or misapplication, of the FAA/UAA statutory scheme to enforce dispute resolution agreements that reject the acts' limited review prescriptions. This Article tackles this arguable abuse of the FAA/UAA scheme, by proposing a functional analysis for defining …
When Litigation Is Not The Only Way: Consensus Building And Mediation As Public Interest Lawyering, Carrie Menkel-Meadow
When Litigation Is Not The Only Way: Consensus Building And Mediation As Public Interest Lawyering, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
British social philosopher Stuart Hampshire recently articulated the fundamental and foundational principles of the modem conflict resolution movement (and I do call it a movement). He asserted that, "there will always be a plurality of different and incompatible conceptions of the good and there cannot be a single comprehensive and consistent theory of human virtue. Correspondingly, "our political enmities in the city or state will never come to an end while we have diverse life stories and diverse imaginations.'' Hampshire, a socially progressive, socialist philosopher hoped to articulate universal conceptions of the good. In his lifetime of reflection on this …
The Lawyer As Consensus Builder: Ethics For A New Practice, Carrie Menkel-Meadow
The Lawyer As Consensus Builder: Ethics For A New Practice, Carrie Menkel-Meadow
Georgetown Law Faculty Publications and Other Works
In this Article, I explore the roles of lawyers in alternative dispute resolution ("ADR"), including traditional roles in arbitration and "new" roles in mediation and facilitation. I also discuss how conventional ethics rules for lawyers fail to provide guidance and "best practices" for lawyers who serve in these new roles. State legislatures and professional associations, such as the American Arbitration Association ("AAA"), the Center for Public Resources Institute for Dispute Resolution ("CPR"), and the Association of Conflict Resolution, have adopted ethical codes for mediators and arbitrators. Select professional associations are also developing "best practice" guides for the provision of ADR …
Procedural Justice Research And The Paucity Of Trials, Chris Guthrie
Procedural Justice Research And The Paucity Of Trials, Chris Guthrie
Journal of Dispute Resolution
Likewise, I do not mean to criticize Hensler's contribution to this volume. Although she is a prominent procedural justice researcher herself, she is certainly not responsible for the inattention given to the questions I have identified, and her measured conclusions about what might be inferred from the existing research are certainly appropriate. Indeed, I take Hensler' s broader point to be that courts should not mandate mediation simply because they believe as a matter of faith that mediation is a "better" process than others." Rather, courts should base their decisions, to the extent possible, on empirical evidence about the relative …
Mediating Preferences: Litigant Preferences For Process And Judicial Preferences For Settlement, Judith Resnik
Mediating Preferences: Litigant Preferences For Process And Judicial Preferences For Settlement, Judith Resnik
Journal of Dispute Resolution
In the 1980s, as a consultant to RAND's Institute for Civil Justice, I joined Deborah Hensler, Allan Lind, Robert MacCoun, William Felstiner, Tom Tyler, and Patricia Ebener in seeking to learn how litigants viewed their experiences with courtbased processes. We surveyed litigants whose cases had been resolved through trials, court-annexed arbitrations, judge-run settlement conferences, and bi-lateral negotiations between lawyers.' We found that litigants cared about process: they reported less satisfaction with processes in which they took no part and more satisfaction with processes in which they could participate. Contrary to some lore that litigants were alienated by trial-like procedures, the …
Emperor's New Clothes: Mediation Mythology And Markets, The, Susan S. Silbey
Emperor's New Clothes: Mediation Mythology And Markets, The, Susan S. Silbey
Journal of Dispute Resolution
The Emperor's New Clothes is a very modem tale about carving out market niches, about generating and feeding unreasonable desires, and about the power of conformity within emergent occupations and powerful professions.
Disputants' Decision Control In Court-Connected Mediation: A Hollow Promise Without Procedural Justice, Nancy A. Welsh
Disputants' Decision Control In Court-Connected Mediation: A Hollow Promise Without Procedural Justice, Nancy A. Welsh
Journal of Dispute Resolution
Such a uniform commitment to procedural justice might seem natural for the courts. However, the procedural due process jurisprudence indicates that the courts' appreciation of procedural justice is unlikely to translate easily to processes in which the disputants, not the courts, are deemed to exercise control over outcomes. Given the current state of procedural due process jurisprudence, courts may lack both the desire and the ability to demand procedural justice in third party processes that are classified as "consensual." Ironically then, disputants' decision control, which is meaningful to mediation advocates and the courts but a rather hollow promise for disputants, …