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Dispute Resolution and Arbitration Commons

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C-Drum News, Fall 2017, 2017 University of Maryland Francis King Carey School of Law

C-Drum News, Fall 2017

The C-DRUM News

No abstract provided.


Empowering Consumers Through Online Dispute Resolution, Amy J. Schmitz 2017 University of Missouri School of Law

Empowering Consumers Through Online Dispute Resolution, Amy J. Schmitz

Faculty Publications

We transact online every day, hoping that no problems will occur. However, our purchases are not always perfect: goods may not arrive; products may be faulty; expectations may go unmet. When this occurs, we are often left frustrated, with no means for seeking redress. Phone calls to customer service are generally unappealing and ineffective, and traditional face-to-face or judicial processes for asserting claims are impractical after weighing costs against likely recovery. This is especially true when seeking redress requires travel, or for crossborder claims involving jurisdictional complexities. This situation has created a need for online dispute resolution (“ODR”), which brings ...


Restoring Bankruptcy’S Fresh Start, Jonathan S. Hermann 2017 Fordham University School of Law

Restoring Bankruptcy’S Fresh Start, Jonathan S. Hermann

Fordham Law Review

The discharge injunction, which allows former debtors to be free from any efforts to collect former debt, is a primary feature of bankruptcy law in the United States. When creditors have systemically violated debtors’ discharge injunctions, some debtors have attempted to challenge those creditors through a class action lawsuit in bankruptcy court. However, the pervasiveness of class-waiving arbitration clauses likely prevents those debtors from disputing discharge injunction violations outside of binding, individual arbitration. This Note first discusses areas of disagreement regarding how former debtors may enforce their discharge injunctions. Then, it examines the types of disputes that allow debtors to ...


Systems For Conflict Resolution In Comparative Perspective, Martin Behrens, Alexander Colvin, Lisa Dorigatti, Andreas H. Pekarek 2017 WSI/Hans-Boeckler-Foundation

Systems For Conflict Resolution In Comparative Perspective, Martin Behrens, Alexander Colvin, Lisa Dorigatti, Andreas H. Pekarek

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

[Excerpt] It is a cornerstone of industrial relations (IR) theory that the potential for conflict is inherent to the employment relationship. Across countries, forms of workplace conflict and methods of conflict resolution take a range of different forms. Yet aside from attempts to understand cross-national variation in strikes, there is little research examining systemic differences in the manifestation and management of workplace conflict (a notable exception is Roche et al. 2014). The following analysis seeks to fill this void by analyzing through a comparative lens practices for addressing employment related conflict in four countries: Germany, Italy, the US and Australia.


Advancing Dispute Resolution By Unpacking The Sources Of Conflict: Toward An Integrated Framework, John W. Budd, Alexander Colvin, Dionne M. Pohler 2017 University of Minnesota

Advancing Dispute Resolution By Unpacking The Sources Of Conflict: Toward An Integrated Framework, John W. Budd, Alexander Colvin, Dionne M. Pohler

Conflict and its Resolution in the Changing World of Work: A Conference and Special Issue Honoring David B. Lipsky

Organizational leaders, public policy makers, dispute resolution professionals, and scholars have developed diverse methods for resolving workplace conflict. But there is inadequate recognition that the effectiveness of a dispute resolution method depends on its fit with the source of a particular conflict. Consequently, it is essential to better understand where conflict comes from and how this affects dispute resolution. To these ends, this paper uniquely integrates scholarship from multiple disciplines to develop a multi-dimensional framework on the sources of conflict. This provides an important foundation for theorizing and identifying effective dispute resolution methods, which are more important than ever as ...


A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim 2017 Pepperdine University

A Business Alternative: Changing Employers' Perception Of The Eeoc Mediation Program, Mark Lim

Pepperdine Dispute Resolution Law Journal

This paper will reveal employers' perception of the EEOC Mediation Program and offer viable changes that may encourage more employer participation in the mediation program. Although the mediation program is supposed to be fair and neutral, the possibility of favoritism, bias, prejudice, or the perception thereof remains high because of the mediation program's structure. If the EEOC were to make changes to its program that also creates a perception of impartiality, then employers would be more willing to participate. To demonstrate this, Part II of this article will begin by discussing the history of the EEOC from its initiating ...


Culture And Its Importance In Mediation, Joel Lee 2017 Pepperdine University

Culture And Its Importance In Mediation, Joel Lee

Pepperdine Dispute Resolution Law Journal

This article seeks to take the reader on this "meta-journey." It will first explore definitions and frameworks about culture before looking at how culture is important in mediation. Specific attention will be placed on the context of Singapore, and we will look at Singapore's journey to dealing with the intersection between culture and mediation. This article will then look at formulating a working model to traverse the intersections between status and belonging on one hand, and modes of communication and face concerns on the other.


Legal Design Lawyering: Rebooting Legal Business Model With Design Thinking, Vronique Fraser, Jean-Frangois Roberge 2017 Pepperdine University

Legal Design Lawyering: Rebooting Legal Business Model With Design Thinking, Vronique Fraser, Jean-Frangois Roberge

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Corporate Conflict Management 4.0: Reflections On How To Get There From Here, Peter W. Benner 2017 Pepperdine University

Corporate Conflict Management 4.0: Reflections On How To Get There From Here, Peter W. Benner

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Community Of Thinkers Workshop: A Summary Reflection, Karinya Verghese 2017 Pepperdine University

Community Of Thinkers Workshop: A Summary Reflection, Karinya Verghese

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Session 4: Promoting Conflict-Competent Leadership And Holistic Conflict Management, Alexander Insam, David Huebner, Juergen Briem, Noah Hanft, Thomas J. Stipanowich 2017 Pepperdine University

Session 4: Promoting Conflict-Competent Leadership And Holistic Conflict Management, Alexander Insam, David Huebner, Juergen Briem, Noah Hanft, Thomas J. Stipanowich

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Session 3: Harnessing The Power Of Information And Insight To Improve Strategic Decision Making And Choice, Mary Beth Cantrell, Randall Kiser, Alexander Insam, Donald R. Philbin Jr. 2017 Pepperdine University

Session 3: Harnessing The Power Of Information And Insight To Improve Strategic Decision Making And Choice, Mary Beth Cantrell, Randall Kiser, Alexander Insam, Donald R. Philbin Jr.

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Session 2: Navigating, Building, And Strengthening Relationships, Nancy Vanderlip, Scott Patridge, Jeremy Lack, Debra Gerardi 2017 Pepperdine University

Session 2: Navigating, Building, And Strengthening Relationships, Nancy Vanderlip, Scott Patridge, Jeremy Lack, Debra Gerardi

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Session One: Bridging Across Cultures, Bernd Fischer, Rene Insam, Helmut Buss 2017 Pepperdine University

Session One: Bridging Across Cultures, Bernd Fischer, Rene Insam, Helmut Buss

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Foreword, Thomas J. Stipanowich, Alexander Insam 2017 Pepperdine University

Foreword, Thomas J. Stipanowich, Alexander Insam

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Rationality Revisited: A Response To Professor Greenberg, S.I. Strong 2017 University of Missouri School of Law

Rationality Revisited: A Response To Professor Greenberg, S.I. Strong

Washington and Lee Law Review Online

Scholarly debate is meant to improve the legal community’s understanding of both the value and the limitations of a particular strand of research. While it is useful to identify areas of principled disagreement, there are times when criticism is not based on different interpretations of law or theory but instead on a misapprehension of the underlying facts or the context in which the initial analysis is placed. In those types of situations, it is necessary for the original author to provide a formal response to keep errors from entering into the legal literature.

This Article provides just such a ...


Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal, Naomi Gemmell 2017 Pepperdine University

Piracy On Peer-To-Peer File Sharing Networks: Why A Streamlined Online Dispute Resolution System Should Not Be Forgotten In The Shadow Of A Federal Small Claims Tribunal, Naomi Gemmell

Pepperdine Dispute Resolution Law Journal

This Article proposes application of an ADR system for resolving online copyright disputes related to P2P file sharing. Section II provides an overview of P2P file sharing networks and associated copyright infringement. Section III explores current approaches that fall short in resolving P2P copyright disputes, namely the Digital Millennium Copyright Act, litigation, and private agreements. Section IV examines the two primary proposed solutions to online copyright disputes: alternative dispute resolution and federal small claims. Section V recommends that a streamlined online dispute resolution system is necessary (even if a federal small claims tribunal is adopted), and concludes.


Use Of Mediation To Recover Rights To Our Genes, Rachel Albert 2017 Pepperdine University

Use Of Mediation To Recover Rights To Our Genes, Rachel Albert

Pepperdine Dispute Resolution Law Journal

No abstract provided.


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 ...


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