Dispute Resolution and Arbitration Commons^™

Adapting Alternate Dispute Resolution For Use In Administrative Proceedings, Victor Lawrence

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Model Standards Of Conduct For Mediators, American Arbitration Association

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Privately Employed Hearing Officers: Hearing Board Procedures Of The New York Stock Exchange, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Challenges In Multiparty Environmental Mediation, Daniel E. Louis

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

How To Negotiate With A Woman Women And The Art Of Negotiating: Techniques For Achieving Success In Your Business And Personal Relationships (Book Review), David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Challenges In Multiparty Environmental Mediation, Daniel E. Louis

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Appendix Ii - Selected Bibliography: Alternative Dispute Resolution, Morell E. Mullins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Multinational Corporation As “The Good Despot”: The Democratic Costs Of Privatization In Global Settings, Eyal Benvenisti, Doreen Lustig

Tel Aviv University Law Faculty Papers

In 1861 John Stuart Mill published Considerations on Representative Government to discuss the justifications of democracy. The third chapter of this book explores why a government run by a good despot is unacceptable. In this article we revisit Mill's critique of the good despot to problematize the contemporary exercise of authority and influence by multinational companies especially in foreign countries. Inspired by Mill, we move away from the preoccupation of contemporary literature on privatization with the identity the actor (the question whether certain governmental functions must remain the province of public authorities) or the outcome of privatization (how it ...

Foreword, I. William Zartman

Penn State Journal of Law & International Affairs

No abstract provided.

The Administrative Law Judge As A Bridge Between Law And Culture, Phyllis E. Bernard

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Brief 7: Building An International Court For The Environment: A Conceptual Framework, Philip Riches, Stuart A. Bruce

Governance and Sustainability Issue Brief Series

This issue brief considers the role and nature of existing and potential international dispute resolution fora in relation to international environmental law. It addresses impediments at the international level, such as limited access to justice by non-state actors and the lack of technical and scientific capability. As a conceptual paper, it highlights two possible remedial options: an international environmental tribunal and an international environmental court.

At&T Mobility And The Future Of Small Claims Arbitration, Jill I. Gross

Pace Law Faculty Publications

This article focuses on small claims arbitration and examines the impact of AT&T Mobility on the legitimacy of the process. Part II of the article describes the Supreme Court’s AT&T Mobility decision, which held that the FAA preempts a California rule that declared a class arbitration waiver in a consumer contract unconscionable. Part III describes the primary features of the two options remaining for the Concepcions—small claims court and small claims arbitration, as well as their perceived advantages and disadvantages. Part IV demonstrates that courts have endorsed simplified arbitration. Part V examines whether simplified arbitration is ...

From Conflict To Conflict Resolution: Establishing Alj Driven Mediation Programs In Workers' Compensation Cases , Howard W. Cummins

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Play Ball: What Can Be Done To Prevent Strikes And Lockouts In Professional Sports And Keep The Stadium Lights On, Alexandra Baumann

Journal of the National Association of Administrative Law Judiciary

This comment analyzes the role that the National Labor Relations Board and the Federal Mediation and Conciliation Service play in ending strikes and lockouts caused by collective bargaining in professional sports. It then looks at what can be done to prevent lockouts and strikes in the future, which would not only benefit fans, but also stadium employees, players, and owners, as none of them make money if there are no games.

Mind The Gap: The Equality Bill And Sharia Arbitration In The United Kingdom, Rebecca E. Maret

Boston College International and Comparative Law Review

The observance of Sharia principles in Islamic arbitration tribunals operating in the United Kingdom has been heralded for its ability to provide Muslim communities with internal, community-based fora for dispute resolution. Although the judgments issued by these faith-based arbitration tribunals lack binding legal authority, British lawmakers ex-press concerns centered on threats to the existing national legal system and to England’s deeply rooted social policy of equality and non-discrimination. Introduced to address these concerns in 2011, the Equality Bill proposes a legislative solution to further maintain the principle of equality within alternative dispute resolution channels. This Note argues that, despite ...

Fotochrome, Inc. V. Copal Company Limited, Theresa Lawler

Maryland Journal of International Law

No abstract provided.

Exploring Civil Pre-Action Requirements: Resolving Disputes Outside Courts, Tania Sourdin

Access to Justice

The aim of the Australian Centre for Justice Innovation (ACJI) Pre-action Obligations Research Project was to explore the use and effectiveness of pre-action requirements, including schemes, protocols and obligations, which encourage people to resolve their disputes (with or without requirements with respect to ADR) before filing or commencing proceedings with a court or tribunal.

This Report aims to explore and comment on the effectiveness and efficiency of pre-action requirements. To do so, the Report draws upon a review of existing material, including relevant data and literature across a number of jurisdictions, as well as the original quantitative and qualitative survey ...

Legal Australia-Wide Survey: Legal Need In Australia, Christine Coumarelos Dr, Deborah Macourt, Julie People, Hugh M. Mcdonald, Zhigang Wei, Reiny Iriana, Stephanie Ramsey

Access to Justice

This report is one in a series of nine that provides the initial findings of a national survey of legal needs — the LAW Survey. The series consists of a report on Australia as a whole and a report on each state/territory.

The LAW Survey deals with key questions that go to the heart of understanding the legal and access to justice needs of the community, and how to address these needs. It assesses the prevalence of legal problems across the community, and the vulnerability of different demographic groups to different types of legal problems. It examines the various adverse ...

A Decade Of Progress: Promising Models For Children Found In The Turkish Juvenile Justice System, Brenda A. Mckinney, Lauren Salins

Brenda A McKinney

Turkey has improved its approach to interacting with children in conflict with the law over the past decade, moving closer to a system that ensures its children the opportunity to strive for a better future. This Article focuses on two promising Turkish reforms that hold potential to improve juvenile justice systems internationally, namely: open model incarceration and Turkey’s approach to diversion. This Article demonstrates how a child-centered juvenile justice system can improve public safety and outcomes for youth. It also addresses potential challenges to each model and identifies broader issues that may require reform.

Family Support Program Literature Review, Research Into The Family Support Program: Family Law Services, Thea Brown, Becky Batagol, Tania Sourdin

Family dispute resolution

The Australian Centre for Justice Innovation at Monash University has been selected to conduct a research project about Family Support Program family law services with the Allen Consulting Group for the Commonwealth Attorney-General’s Department. It is expected that the project will be complete by April 2013.

This Literature Review forms part of the initial phase of the project. The project also involves site visits, surveys/census, interviews with a wide range of family law system stakeholders, and data analysis.

The project aims to inform the future development of more effective, integrated and accessible family law services which form part ...