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Dispute Resolution and Arbitration Commons

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Negotiating While Female, Andrea Kupfer Schneider 2018 Marquette University Law School

Negotiating While Female, Andrea Kupfer Schneider

SMU Law Review

Why are women paid less than men? Prevailing ethos conveniently blames the woman and her alleged inability to negotiate. This article argues that blaming women for any lack of negotiation skills or efforts is inaccurate and that prevailing perceptions about women and negotiation are in-deed myths. The first myth is that women do not negotiate. While this is true in some lab studies and among younger women, more recent workplace data calls this platitude into question. The second myth is that women should avoid negotiations because of potential backlash. Although women in leadership do face an ongoing challenge to be ...


Implicit Bias And Prejudice In Mediation, Carol Izumi 2018 University of California Hastings College of Law

Implicit Bias And Prejudice In Mediation, Carol Izumi

SMU Law Review

Mediators aspire and endeavor to meet their ethical duty of “neutrality” in mediation. Yet their ability to actually conduct mediations without bias, prejudice, or favoritism toward any party is extraordinarily difficult, if not impossible. Research shows that unconscious mental processes involving stereotypes and attitudes affect our judgments, perceptions, and behavior toward others. Implicit bias, the automatic association of stereotypes and attitudes with social groups, may produce discriminatory responses toward parties despite a mediator’s best efforts at creating an outwardly even-handed process. Even the most well-intentioned and egalitarian mediators must actively engage in bias reduction strategies to mitigate prejudice in ...


Reconsidering Prejudice In Alternative Dispute Resolution For Black Work Matters, Michael Z. Green 2018 Texas A & M University School of Law

Reconsidering Prejudice In Alternative Dispute Resolution For Black Work Matters, Michael Z. Green

SMU Law Review

In the 1985 foundational article Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution, Richard Delgado and his co-authors identified major concerns with the growing use of alternative dispute resolution (ADR) to resolve disputes involving people of color. The seminal findings from that article highlighted the power differentials exacerbated by informal dispute resolution, and the article contributed immediately to a surge of robust critiques of the increasing use of alternative dispute resolution for those most vulnerable in our society.

More than thirty years after the Delgado article, a community of respected and prominent ADR and discrimination scholars ...


Alternative Dispute Resolution: A Critical Reconsideration, Richard Delgado 2018 University of Alabama School of Law

Alternative Dispute Resolution: A Critical Reconsideration, Richard Delgado

SMU Law Review

No abstract provided.


Recent Developments Concerning Similar Fact Evidence In Singapore: Pushing The Boundaries Of Admissibility – Pp V Ranjit Singh Gill Menjeet Singh [2017] 3 Slr 66; Micheal Anak Garing V Pp [2017] 1 Slr 748, Eunice CHUA 2018 Singapore Management University

Recent Developments Concerning Similar Fact Evidence In Singapore: Pushing The Boundaries Of Admissibility – Pp V Ranjit Singh Gill Menjeet Singh [2017] 3 Slr 66; Micheal Anak Garing V Pp [2017] 1 Slr 748, Eunice Chua

Research Collection School Of Law

This piece addressestwo recent local decisions on similar fact evidence that demonstratethe court’s difficulties with reconciling the provisions of the Evidence Actwith a more flexible approach that can be developed through the common law.These two cases extend the basis for admitting similar fact evidence beyond ss11(b), 14 and 15 of the Evidence Act.The application of the common law balancing test comparing prejudicial effectand probative value has also been broadened to consider factors such as the timingof the objection to the evidence and whether a co-accused wishes to rely on thesimilar fact evidence. Yet, the cases do ...


Cultivating A Culture Of Environmental And Natural Resources Collaboration In Utah, Danya Rumore 2018 S.J. Quinney College of Law, University of Utah

Cultivating A Culture Of Environmental And Natural Resources Collaboration In Utah, Danya Rumore

Environmental Dispute Resolution Program

Unhealthy air quality. Growing demands for water in an arid state. Conflicts over public lands and how those lands should be managed. These are just a few environmental and natural resources challenges here in Utah that we hear “keep people up at night.” Such challenges are indeed daunting, and they will not be easily solved. However, in every challenge there is an opportunity. And when it comes to environmental and natural resources challenges, there is a powerful opportunity for people to work together to find mutually beneficial solutions that are, as consensus building guru Larry Susskind puts it, “fair, efficient ...


Introduction To The Symposium: Leveraging On Disruption: The Potential Of Dispute System Design For Justice, Accountability, And Impact In Our Global Economy, Mariana Hernandez Crespo G. 2018 University of St. Thomas

Introduction To The Symposium: Leveraging On Disruption: The Potential Of Dispute System Design For Justice, Accountability, And Impact In Our Global Economy, Mariana Hernandez Crespo G.

University of St. Thomas Law Journal

No abstract provided.


Class Action-Barring Mandatory Pre-Dispute Consumer Arbitration Clauses: An Example Of (And Opportunity For) Dispute System Design?, Nancy A. Welsh 2018 University of St. Thomas, Minnesota

Class Action-Barring Mandatory Pre-Dispute Consumer Arbitration Clauses: An Example Of (And Opportunity For) Dispute System Design?, Nancy A. Welsh

University of St. Thomas Law Journal

No abstract provided.


How Does Dsd Help Us Teach About Community Conflict (And How Can Community Conflict Help Illustrate Dsd)?, Andrea Kupfer Schneider 2018 University of St. Thomas, Minnesota

How Does Dsd Help Us Teach About Community Conflict (And How Can Community Conflict Help Illustrate Dsd)?, Andrea Kupfer Schneider

University of St. Thomas Law Journal

No abstract provided.


Designing A Global Online Dispute Resolution System: Lessons Learned From Ebay, Colin Rule 2018 University of St. Thomas, Minnesota

Designing A Global Online Dispute Resolution System: Lessons Learned From Ebay, Colin Rule

University of St. Thomas Law Journal

No abstract provided.


The Activist Plus: Dispute Systems Design And Social Activism, Jennifer W. Reynolds 2018 University of St. Thomas, Minnesota

The Activist Plus: Dispute Systems Design And Social Activism, Jennifer W. Reynolds

University of St. Thomas Law Journal

No abstract provided.


Designing Systems For Achieving Justice After A Peace Agreement: Northern Ireland's Struggle With The Past, Jacqueline Nolan-Haley 2018 University of St. Thomas, Minnesota

Designing Systems For Achieving Justice After A Peace Agreement: Northern Ireland's Struggle With The Past, Jacqueline Nolan-Haley

University of St. Thomas Law Journal

No abstract provided.


Upstream, Midstream, And Downstream: Dispute System Design For Sustainable Groundwater Management, Janet Martinez, Esther Conrad, Tara Moran 2018 University of St. Thomas, Minnesota

Upstream, Midstream, And Downstream: Dispute System Design For Sustainable Groundwater Management, Janet Martinez, Esther Conrad, Tara Moran

University of St. Thomas Law Journal

No abstract provided.


Why And How Businesses Use Planned Early Dispute Resolution, John Lande, Peter W. Benner 2018 University of St. Thomas, Minnesota

Why And How Businesses Use Planned Early Dispute Resolution, John Lande, Peter W. Benner

University of St. Thomas Law Journal

No abstract provided.


Ombuds As Nomads? The Intersections Of Dispute System Design And Identity, Timothy Hedeen 2018 University of St. Thomas, Minnesota

Ombuds As Nomads? The Intersections Of Dispute System Design And Identity, Timothy Hedeen

University of St. Thomas Law Journal

No abstract provided.


Collective Bargaining And Dispute System Design, Rafael Gely 2018 University of St. Thomas, Minnesota

Collective Bargaining And Dispute System Design, Rafael Gely

University of St. Thomas Law Journal

No abstract provided.


Closing The Gap: Embedding Advance Care Planning In A Latino Community By Using A Culturally Sensitive Dispute Systems Design Approach, Jacqueline N. Font-Guzmán M.H.A., J.D., Ph.D. 2018 University of St. Thomas, Minnesota

Closing The Gap: Embedding Advance Care Planning In A Latino Community By Using A Culturally Sensitive Dispute Systems Design Approach, Jacqueline N. Font-Guzmán M.H.A., J.D., Ph.D.

University of St. Thomas Law Journal

No abstract provided.


The Dispute Resolver's Role Within A Dispute System Design: Justice, Accountability, And Impact, Lisa Blomgren Amsler 2018 University of St. Thomas, Minnesota

The Dispute Resolver's Role Within A Dispute System Design: Justice, Accountability, And Impact, Lisa Blomgren Amsler

University of St. Thomas Law Journal

No abstract provided.


Pepperdine Dispute Resolution Law Journal Masthead, Nicole M. Hogan 2018 Pepperdine University

Pepperdine Dispute Resolution Law Journal Masthead, Nicole M. Hogan

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Celebrating Mundane Conflict, Deborah J. Cantrell 2018 Pepperdine University

Celebrating Mundane Conflict, Deborah J. Cantrell

Pepperdine Dispute Resolution Law Journal

This Article interrogates the dominant conception of conflict and challenges the narrative of conflict as hard, difficult and painful to engage. The Article reveals two primary framing errors that cause one to misperceive how ubiquitous and ordinary is conflict. The first error is to misperceive conflict as categorical — something either is a conflict or it is not. People make that error as a way of trying to avoid conflict. People falsely hope that there might be a category of “not conflict,” like disagreements, that will be easier to navigate. The second error is to misperceive the world and individuals as ...


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