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

Dispute Resolution and Arbitration Commons

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

5277 Full-Text Articles 3511 Authors 2014049 Downloads 116 Institutions

All Articles in Dispute Resolution and Arbitration

Faceted Search

5277 full-text articles. Page 4 of 135.

The Medicare Appeals Crisis: Why Mediation Is The Medicine, Michelle Ellis 2017 Pepperdine University

The Medicare Appeals Crisis: Why Mediation Is The Medicine, Michelle Ellis

Pepperdine Dispute Resolution Law Journal

This article will explore how unmeritorious RAC-reversals recently polluted the Medicare appeals process, and how this has led to a crisis for both providers and the United States Department of Health & Human Services (HHS). Furthermore, this article will consider the lack of available remedies and narrow measures taken by HHS, and will instead advocate for mediation as the best means of easing the backlog. While the delays also directly affect Medicare beneficiaries, this article will limit its discussion to the backlog in relation to providers and suppliers.


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

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. This 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 ...


A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. McGinley 2017 Pepperdine University

A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Sharing Economy Inequality: How The Adoption Of Class Action Waivers In The Sharing Economy Presents A Threat To Racial Discrimination Claims, Caitlin Toto 2017 Boston College Law School

Sharing Economy Inequality: How The Adoption Of Class Action Waivers In The Sharing Economy Presents A Threat To Racial Discrimination Claims, Caitlin Toto

Boston College Law Review

In recent years, the sharing economy has pervaded the life of the consumer, challenging the regulatory and business status quo. Despite the pluralistic messages of many sharing economy companies, racial discrimination is a growing problem on peer-to-peer networks such as Uber and Airbnb. Victims of discrimination, however, have encountered an even greater opponent: class action waivers in arbitration agreements, which are omnipresent in sharing economy company contracts. Due to the inherent tie between class action and civil rights, racial discrimination claims in the sharing economy are held hostage by individual arbitration agreements. This Note argues that without action by Congress ...


Introduction, Nancy Welsh 2017 Selected Works

Introduction, Nancy Welsh

Nancy Welsh

No abstract provided.


Cooking Up A Deal: Negotiation Recipes For Success, Jim Coben, Robert Dingwall, Dan Druckman, Noam Ebner, Howard Gadlin, Chris Honeyman, Sanda Kaufman, Michelle Lebaron, Roy Lewicki, David Matz, Carrie Menkel-Meadow, Michael Moffitt, Jen Reynolds, Andrea Kupfer Schneider, John Wade, Nancy Welsh 2017 Allard School of Law at the University of British Columbia

Cooking Up A Deal: Negotiation Recipes For Success, Jim Coben, Robert Dingwall, Dan Druckman, Noam Ebner, Howard Gadlin, Chris Honeyman, Sanda Kaufman, Michelle Lebaron, Roy Lewicki, David Matz, Carrie Menkel-Meadow, Michael Moffitt, Jen Reynolds, Andrea Kupfer Schneider, John Wade, Nancy Welsh

Nancy Welsh

If forced to be concise and pithy, what would a room full of negotiation scholars cook up? The compilation of recipes was in response to the request for each person’s own definition of negotiation effectiveness put in the form of a recipe. Not only is this interesting in terms of seeing the similarities and differences among this leading and diverse group of scholars, the exercise itself is one that can easily be replicated in negotiation or dispute resolution classes. It forces each participant to think about (a) ingredients; (b) amount of each; and (c) the order in which each ...


Resolving Economic Disputes In Russia's Market Economy, Karen Halverson 2017 John Marshall Law School

Resolving Economic Disputes In Russia's Market Economy, Karen Halverson

Karen Halverson Cross

The purpose of this paper is to examine the recent transformation of state arbitrazh into economic courts along with the development of commercial arbitration in Russia, and to consider the relative utility of these mechanisms for resolving disputes in Russia's evolving market economy. Part I describes state arbitrazh and details its evolution into the existing system of economic courts. Part II discusses the past and recent development of commercial arbitration in Russia as an alternative to litigating domestic disputes. Part III considers various social and historic factors that hinder genuine reform.


Cuando Otros Deciden Por Ti: La Eficiencia En La Intervención Judicial De Los Contratos Civiles, Diego Angulo Osorio 2017 ALACDE

Cuando Otros Deciden Por Ti: La Eficiencia En La Intervención Judicial De Los Contratos Civiles, Diego Angulo Osorio

The Latin American and Iberian Journal of Law and Economics

When the supply crosses with the acceptance of the contract, it is an optimal situation because the resources available, in theory, have been assigned efficiently and have been allocated to more valuable uses. However, this optimistic situation will not last forever; over time, it almost always affects the economic balance of the contract. The benefit or consideration becomes more valuable in comparison with the other, becoming too costly to comply with the contract, because the cost-benefit ratio was broken. How can the contractual balance be restored? Two paths are considered. On the one hand, judicialization, on the other renegotiation under ...


The South China Sea Arbitration Award, Bernard H. Oxman 2017 University of Miami School of Law

The South China Sea Arbitration Award, Bernard H. Oxman

University of Miami International and Comparative Law Review

No abstract provided.


Med-Arb And The Legalization Of Alternative Dispute Resolution, Brian A. Pappas 2017 Michigan State University College of Law

Med-Arb And The Legalization Of Alternative Dispute Resolution, Brian A. Pappas

Brian A. Pappas

No abstract provided.


Foreword, 2017 Penn State Law

Foreword

Arbitration Law Review

No abstract provided.


Index, 2017 Penn State Law

Index

Arbitration Law Review

No abstract provided.


The Uberization Of Arbitration Clauses, Jill I. Gross 2017 Elisabeth Haub School of Law, Pace University

The Uberization Of Arbitration Clauses, Jill I. Gross

Arbitration Law Review

No abstract provided.


Consumer Click Arbitration: A Review Of Online Consumer Arbitration Agreements, Jeffrey H. Dasteel 2017 UCLA Law School

Consumer Click Arbitration: A Review Of Online Consumer Arbitration Agreements, Jeffrey H. Dasteel

Arbitration Law Review

No abstract provided.


Arbitration In Wills And Trusts: From George Washington To An Uncertain Present, Edward F. Sherman 2017 Tulane University School of Law

Arbitration In Wills And Trusts: From George Washington To An Uncertain Present, Edward F. Sherman

Arbitration Law Review

No abstract provided.


Courts And Arbitration: Reconciling The Public With The Private, Susan L. Karamanian 2017 George Washington University Law School

Courts And Arbitration: Reconciling The Public With The Private, Susan L. Karamanian

Arbitration Law Review

No abstract provided.


Notes From A Quiet Corner: User Concerns About Reinsurance Arbitration – And Attendant Lessons For Selection Of Dispute Resolution Forums And Methods, Jeffrey W. Stempel 2017 William S. Boyd School of Law, University of Nevada Las Vegas

Notes From A Quiet Corner: User Concerns About Reinsurance Arbitration – And Attendant Lessons For Selection Of Dispute Resolution Forums And Methods, Jeffrey W. Stempel

Arbitration Law Review

No abstract provided.


The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea 2017 Penn State Law

The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea

Arbitration Law Review

No abstract provided.


Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg 2017 Penn State Law

Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg

Arbitration Law Review

No abstract provided.


You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz 2017 Penn State Law

You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz

Arbitration Law Review

No abstract provided.


Digital Commons powered by bepress