Private Conciliation Of Discrimination Disputes: Confidentiality, Informalism And Power,
2014
HKU Faculty of Law
Private Conciliation Of Discrimination Disputes: Confidentiality, Informalism And Power, Katherine L. Lynch Ms.
Katherine L. Lynch Ms.
This paper examines the use of private conciliation to resolve discrimination disputes in Hong Kong under the auspices of the Hong Kong Equal Opportunities Commission (EOC). The unique nature of discrimination disputes are analyzed, along with various policy issues arising out of the use of a private informal process of conciliation by the EOC to enforce and ensure compliance with public anti-discrimination legislation. A range of public policy issues are discussed with proposals made for potential reform of the EOC conciliation model for dispute resolution.
State Legislative Update,
2014
University of Missouri School of Law
State Legislative Update, Bianca Amorim, N. Austin Fax, Madison A. Fischer, B. Cory Lee
Journal of Dispute Resolution
This legislative analysis will look to conflict and dispute resolution in schools, along with how that conflict has been traditionally managed. Next, this article will examine some of the benefits that can be achieved by implementing forms of alternative dispute resolution in schools and the limitations to these benefits. Finally, this article will focus on the legislative response to the ever-present epidemic of conflict in our schools, including recent pieces of legislation in Louisiana and Massachusetts.
International Commercial Arbitration Coming To A Courthouse Near You,
2014
University of Missouri School of Law
International Commercial Arbitration Coming To A Courthouse Near You, S. I. Strong, Judith Kaye
Faculty Publications
Some people view international commercial arbitration as an exotic, private dispute resolution mechanism that is entirely separate from U.S. state and federal courts. However, the truth of the matter is that judges from around the country increasingly are being asked to handle disputes that are somehow related to international commercial arbitration.
The Race Towards A New York Convention For Cross-Border Mediated Settlement Agreements: The Fable Of The Tortoise And The Hare Revisited?,
2014
Singapore Management University
The Race Towards A New York Convention For Cross-Border Mediated Settlement Agreements: The Fable Of The Tortoise And The Hare Revisited?, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, some thoughts on the discussions on the New York Convention for Mediation are presented.
Operation Arbitration: Privatizing Medical Malpractice Claims,
2014
Benjamin N. Cardozo School of Law
Operation Arbitration: Privatizing Medical Malpractice Claims, Myriam E. Gilles
Articles
Binding arbitration is generally less available in tort suits than in contract suits because most tort plaintiffs do not have a pre-dispute contract with the defendant, and are unlikely to consent to arbitration after the occurrence of an unforeseen injury. But the Federal Arbitration Act applies to all "contract[s] evincing a transaction involving commerce, " including contracts for healthcare and medical services. Given the broad trend towards arbitration in nearly every other business-to-consumer industry, coupled with some rollbacks in tort reform measures that have traditionally favored medical professionals in the judicial system, it is very possible that we may witness …
"Horton And The Who": Determining Who Is Affected By The Emerging Statutory Battle Between The Faa And Federal Labor Law,
2014
University of Missouri School of Law
"Horton And The Who": Determining Who Is Affected By The Emerging Statutory Battle Between The Faa And Federal Labor Law, James R. Montgomery
Journal of Dispute Resolution
In the early 20th century, social changes brought about a system designed to protect employees. As part of the American system of labor laws, workers are given certain rights to proceed collectively, to "band together," and to proceed as a unit. Labor laws were first enacted in the United States during a period of Supreme Court jurisprudence that granted a broad array of powers to corporations, in the form of "liberty of contract." Justice Holmes dissented in Lochner v. New York, and planted a seed in his opinion that would later go on to support the idea behind federal labor …
Rogue Debtors And Unanticipated Risk,
2014
University of Missouri School of Law
Rogue Debtors And Unanticipated Risk, S. I. Strong
Faculty Publications
Commercial actors are becoming increasingly concerned about the effect that various types of political risk, including the risk of sovereign default, has on their investments. This Essay considers the problem of rogue debtors (i.e., states that intentionally ignore their legal and financial obligations) as a type of unanticipated risk and analyzes how well various responses, including domestic litigation, interstate negotiation and investment arbitration, address investors’ needs. In particular, the discussion focuses on how effective investment arbitration is in overcoming a number of difficulties traditionally associated with rogue debtors and the various means by which states are attempting to bypass the …
Table Of Contents - Issue 1,
2014
University of Missouri School of Law
Concepcion And Mis-Concepcion: Why Unconscionability Survives The Supreme Court's Arbitration Jurisprudence,
2014
University of Missouri School of Law
Concepcion And Mis-Concepcion: Why Unconscionability Survives The Supreme Court's Arbitration Jurisprudence, Richard Frankel
Journal of Dispute Resolution
States have long relied on the doctrines of unconscionability and public policy to protect individuals against unfair terms in mandatory arbitration provisions. The Supreme Court recently struck a blow to such efforts in AT&T Mobility LLC v. Concepcion and American Express Co. v. Italian Colors Restaurant. In those two cases, the Court established that a challenge to the enforceability of unfairly one-sided arbitration clauses is preempted if it would interfere with "fundamental attributes of arbitration." Several commentators have argued that these decisions will dramatically alter the arbitration landscape, by wiping away virtually any contract defense to the validity of an …
Employment Arbitration At The Crossroads: An Assessment And Call For Action,
2014
University of Missouri School of Law
Employment Arbitration At The Crossroads: An Assessment And Call For Action, Stephen L. Hayford, Jamie Darin Prenkert, Anjanette H. Raymond
Journal of Dispute Resolution
Arbitration agreements must be on equal footing with all types of contracts. This stark reality demands that the various stakeholders in the arbitration community converge in the interest of designing and institutionalizing arbitration mechanics and processes that, as a start, exceed the minimum requirements to avoid arguments of substantive unconscionability and, more broadly, provide the fair, just, and accountable alternative dispute resolution system the FAA and the U.S. Supreme Court have indicated it can be. This paper seeks to guide this next stage of the debate by first reviewing the doctrinal developments over the past thirty years that led to …
Europe's Role In Alternative Dispute Resolution: Off To A Good Start?,
2014
University of Missouri School of Law
Europe's Role In Alternative Dispute Resolution: Off To A Good Start?, Maud Piers
Journal of Dispute Resolution
ADR has become a topical issue in contemporary European procedural private law. Over the past fifteen years, European lawmakers have displayed particular interest in extra-judicial dispute resolution methods as part of a broader effort to promote better access to justice. For example, Directive 2008/52 sets out a framework for the use of mediation in cross-border disputes on civil and commercial matters. The European Commission's influential Recommendations 98/257 and 2001/310, which respectively deal with out-of-court dispute settlements and consensual dispute mechanisms, constitute a starting point for constructing a new approach to ADR. In March of 2013, the European Parliament and the …
Plurality Influence: Reed Elsevier And The Precedential Value Of Bazzle On Class Arbitrability,
2014
University of Missouri School of Law
Plurality Influence: Reed Elsevier And The Precedential Value Of Bazzle On Class Arbitrability, Kevin P. Sack
Journal of Dispute Resolution
Class arbitration is a tricky process to navigate as it introduces more parties, higher stakes, and more procedures than typical bilateral arbitration. Because class arbitration is more complex, the determination as to whether an arbitration agreement authorizes class arbitration (class arbitrability) is an important one, and the entity that makes the class determination should be knowledgeable about class procedures in order to be suited to make such an important finding. In Reed Elsevier, Inc. ex rel. LexisNexis Div. v. Crockett, the Sixth Circuit held that the determination of class arbitrability should be presumptively reserved to judicial courts, not arbitrators, unless …
Restoring Our Children's Future: Ending Disparate School Discipline Through Restorative Justice Practices,
2014
University of Missouri School of Law
Restoring Our Children's Future: Ending Disparate School Discipline Through Restorative Justice Practices, Kaeanna Wood
Journal of Dispute Resolution
This note opens the discussion on disparate school discipline with a case harboring egregious facts, then goes on to explore the history of zero-tolerance policies as the primary method of school discipline, federal civil rights laws prohibiting discrimination based on race in school discipline, and the rise of restorative practices as a means of school discipline. In conclusion, this note argues that in implementing restorative justice practices as an alternative dispute resolution method, schools can end a pattern of disproportionately disciplining African American and Hispanic students and create an environment that fosters success for all children.
The Negotiation Within: The Impact Of Internal Conflict Over Identity And Role On Across-The-Table Negotiations,
2014
University of Missouri School of Law
The Negotiation Within: The Impact Of Internal Conflict Over Identity And Role On Across-The-Table Negotiations, Robert C. Bordone, Tobias C. Berkman, Sara E. Del Nido
Journal of Dispute Resolution
This article argues that negotiators' experiences of internal conflict over their identity and role - what we term "the negotiation within" - has a significant impact on across-the-table negotiations in the legal profession and in business. This impact has been mostly overlooked by the literature on negotiation, which focuses on strategic, structural, and psychological barriers to negotiated agreements that are divorced from the real, internal experiences of most negotiators. The article analyzes the impact and suggests a typology for naming and understanding internal conflict. It concludes with a three-stage prescription on how to manage such conflicts described as Mirror work, …
Day's Pyramid Ignores Sturdy Severability Foundation, Builds Off Granite Rock: Day V. Fortune Hi-Tech Marketing, Inc.,
2014
University of Missouri School of Law
Day's Pyramid Ignores Sturdy Severability Foundation, Builds Off Granite Rock: Day V. Fortune Hi-Tech Marketing, Inc., Wesley K . Dagestad
Journal of Dispute Resolution
Persons involved in a pyramid scheme are often blind to the overarching pyramid's purpose; similarly, contracting parties may possess little initial knowledge of an agreement's terms in their entirety. Arbitration agreements and other contractual obligations can be hidden in the depths of multiple documents, memorialized through simultaneous agreements incorporating the additional terms by various references. After Day, courts may now be required to dig through countless terms to parties' agreements to determine if a valid contract exists, and if so, which agreement governs the dispute at issue. After sifting through this contractual jungle, courts will be forced to take one …
The Use And Abuse Of Precedent In Labor And Employment Arbitration,
2014
University of Michigan Law School
The Use And Abuse Of Precedent In Labor And Employment Arbitration, Theodore J. St. Antoine
Articles
As he did so often with legal problems, Oliver Wendell Holmes put his finger on the key to the problem of precedent with a memorable assertion. Said he: "It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV." Notice that Holmes did not say it is a bad thing for a rule to have an ancient lineage. The question is whether the rule that may have made sense when Henry IV reigned, or when the Wagner Act was passed, has stood the test of …
Judicial Mediation And Competition For Clients And Government Funding Among Dispute Resolution Providers,
2014
Bond University
Judicial Mediation And Competition For Clients And Government Funding Among Dispute Resolution Providers, John Wade
John Wade
Extract: The aim of this paper is to describe “judicial mediation”—what is it?; describe the general competition for clients and government funding between dispute resolution services – including to some extent, judicial mediation; set out the possible advantages and disadvantages of judicial mediation for both disputants and society—either as a diagnostic or competitive guide; and, despite lurking or actual competition, tentatively confirm a role for judicial mediation.
Padres Players Arbitration Results,
2014
University of Notre Dame
Padres Players Arbitration Results, Edmund P. Edmonds
Team - Player Results
No abstract provided.
Mlb Team Arbitration Results,
2014
University of Notre Dame
Mlb Team Arbitration Results, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.
San Diego Padres Arbitration Hearings Chart,
2014
University of Notre Dame
San Diego Padres Arbitration Hearings Chart, Edmund P. Edmonds
Team Hearing Charts
No abstract provided.
