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

Dispute Resolution and Arbitration Commons

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

5275 Full-Text Articles 3509 Authors 2014049 Downloads 116 Institutions

All Articles in Dispute Resolution and Arbitration

Faceted Search

5275 full-text articles. Page 6 of 135.

The Centrist Case Against Current (Conservative) Arbitration Law, Stephen J. Ware 2017 University of Florida Levin College of Law

The Centrist Case Against Current (Conservative) Arbitration Law, Stephen J. Ware

Florida Law Review

In The Politics of Arbitration Law and Centrist Proposals for Reform, I explained how issues surrounding consumer and other adhesive arbitration agreements became divisive along predictable political lines (progressives vs. conservatives) and proposed an intermediate (or centrist) position to resolve those issues. However, The Politics of Arbitration Law did not argue the case for my proposals. It left those arguments for this Article, which makes the case against current (conservative) arbitration law, and a third article, which will make the case against progressive proposals to reform arbitration law. In other words, this Article stands out from the many other articles ...


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

Sanda Kaufman

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 ...


Mlb Calendar 2016-2017, Edmund P. Edmonds 2017 Notre Dame Law School

Mlb Calendar 2016-2017, Edmund P. Edmonds

MLB Calendars

No abstract provided.


Ethics In International Arbitration: A Critical Examination Of The Lcia General Guidelines For The Parties' Legal Representatives, Vincent S. Dattilo 2017 University of Georgia School of Law

Ethics In International Arbitration: A Critical Examination Of The Lcia General Guidelines For The Parties' Legal Representatives, Vincent S. Dattilo

Georgia Journal of International & Comparative Law

No abstract provided.


Deferring For Justice: How Administrative Agencies Can Solve The Employment Dispute Quagmire By Endorsing An Improved Arbitration System, Zev J. Eigen, David S. Sherwyn 2017 Littler Mendelson

Deferring For Justice: How Administrative Agencies Can Solve The Employment Dispute Quagmire By Endorsing An Improved Arbitration System, Zev J. Eigen, David S. Sherwyn

David S. Sherwyn

[Excerpt] When it comes to the issue of pre-dispute mandatory arbitration, the concept of attaining justice for all parties in a vacuum instead of in comparison to the fall back—the litigation and agency adjudication processes. In this Article, we address each of the components of arbitration, but in context to the alternative and thus, conclude that a fixed arbitration system will provide the type of justice unavailable in the current system.


Adr Empirical Research Studies (Summer 2013-Summer 2017), James Coben, Donna Steinstra 2017 Mitchell Hamline School of Law

Adr Empirical Research Studies (Summer 2013-Summer 2017), James Coben, Donna Steinstra

ADR Empirical Research Studies

No abstract provided.


The Transnational Case In Conflict Of Laws: Two Suggestions For The New Restatement Third Of Conflict Of Laws--Judicial Jurisdiction And Party Autonomy In International Contracts, Linda J. Silberman, Nathan Yaffe 2017 New York University School of Law

The Transnational Case In Conflict Of Laws: Two Suggestions For The New Restatement Third Of Conflict Of Laws--Judicial Jurisdiction And Party Autonomy In International Contracts, Linda J. Silberman, Nathan Yaffe

New York University Public Law and Legal Theory Working Papers

To inform the ongoing Restatement efforts in Conflict of Laws and Foreign Relations, the authors identify two areas where the "transnational case" might deserve special consideration: judicial jurisdiction over foreign defendants and party autonomy in choosing the applicable law. On the question of judicial jurisdiction, the authors point out that the modern two-step constitutional test for specific jurisdiction articulated in Asahi—"minimum contacts" and then "reasonableness"—involved a foreign defendant. Although the lower courts appear to embrace the same standard with respect to both domestic and foreign defendants, they argue that the factors identified by the court in the "reasonableness ...


The U.S. Approach To Recognition And Enforcement Of Awards After Set-Asides: The Impact Of The Pemex Decision, Linda J. Silberman, Nathan Yaffe 2017 NELLCO

The U.S. Approach To Recognition And Enforcement Of Awards After Set-Asides: The Impact Of The Pemex Decision, Linda J. Silberman, Nathan Yaffe

New York University Public Law and Legal Theory Working Papers

The Second Circuit’s decision in Pemex is the first federal appellate decision to confirm a foreign Convention award that was set aside at the seat of arbitration. The question of how to treat an award set aside at the seat raises common questions for nearly all New York and Panama Convention countries. The authors situate the Pemex decision against the backdrop of the various approaches to those questions taken in different jurisdictions. Although the court in Pemex described its reasoning as consistent with prior U.S. federal appellate decisions in which courts have considered a set-aside award, Pemex in ...


Deferring For Justice: How Administrative Agencies Can Solve The Employment Dispute Quagmire By Endorsing An Improved Arbitration System, Zev J. Eigen, David S. Sherwyn 2017 Littler Mendelson

Deferring For Justice: How Administrative Agencies Can Solve The Employment Dispute Quagmire By Endorsing An Improved Arbitration System, Zev J. Eigen, David S. Sherwyn

Articles and Chapters

[Excerpt] When it comes to the issue of pre-dispute mandatory arbitration, the concept of attaining justice for all parties in a vacuum instead of in comparison to the fall back—the litigation and agency adjudication processes. In this Article, we address each of the components of arbitration, but in context to the alternative and thus, conclude that a fixed arbitration system will provide the type of justice unavailable in the current system.


A Case Against Collaboration, Rachel Rebouché 2017 University of Maryland Francis King Carey School of Law

A Case Against Collaboration, Rachel Rebouché

Maryland Law Review

In family law, as in other legal disciplines, the use of alternative dispute resolution has dramatically increased. In a process called collaborative divorce, separating spouses hire attorneys who agree to work together—almost entirely outside of the court system—to reach a settlement ending the marriage. A team of experts, including mental health professionals, financial neutrals, and parenting coordinators, helps the parties resolve conflicts and settle property, support, and custody disputes. For divorcing couples, the collaborative process promises emotional healing and avoidance of contentious litigation. Advocates for collaborative divorce describe the transformational effects of the process in an evangelical tone ...


Managing The Inter-Cultural Dimensions Of A Mediation Effectively: A Proposed Pre-Mediation Intake Instrument, Dorcas QUEK ANDERSON, Diana KNIGHT 2017 Singapore Management University School of Law

Managing The Inter-Cultural Dimensions Of A Mediation Effectively: A Proposed Pre-Mediation Intake Instrument, Dorcas Quek Anderson, Diana Knight

Research Collection School Of Law

Being a culturally responsive mediator has become increasingly challenging amidst the growing cultural complexity within many societies. Drawing on the existing research on culture and the authors’ experiences of mediating disputes amongst diverse disputants in Australia and Singapore, this paper proposes an emic-constructivist approach for the mediator to understand the individual disputant’s unique cultural preferences. It also recommends bringing forward the exercise of understanding cultural preferences through conducting pre-mediation intake interviews. It is argued that this approach enables the mediator to embrace the parties’ cultural complexity and to design the mediation process based on their rich milieu of preferences ...


No Chance At Immunity: Examining The Possibility Of Immunity Provisions For Drug Crimes In The Criminal Code, Benjamin D. Schnell 2017 Western University

No Chance At Immunity: Examining The Possibility Of Immunity Provisions For Drug Crimes In The Criminal Code, Benjamin D. Schnell

Western Journal of Legal Studies

Many members of the public fear crimes committed by strangers despite statistics showing greater danger from friends, acquaintances, and relatives. Since this fear is rooted in the fear of the unknown, some people prefer to fall victim to white-collar crimes as opposed to street crimes. Since most white-collar crimes require gaining the victim’s trust, many are committed by people that know the victim. Moreover, the traditional view of white-collar criminals as people of high respectability and social class drastically influences our perception of crime and can lead to significant societal implications.

In Canada, this traditional view of white-collar criminals ...


Med-Arb Adoption In Securities Law Disputes: Advantages And Costs, Hyung Kyun Kwon 2017 Cornell Law School

Med-Arb Adoption In Securities Law Disputes: Advantages And Costs, Hyung Kyun Kwon

Concordia Law Review

This Article considers the adoption of a hybrid method of Alternative Dispute Resolution (ADR)—Med-Arb—in securities law disputes. Because securities law ADR is currently monopolized by claims that proceed through arbitration, this Article argues that the benefits of settling a claim through mediation are being lost. Med-Arb allows parties to access the benefits of both mediation and arbitration with potentially lower economic costs and the assurance of finality of the dispute. This Article therefore presents how best to use Med-Arb to successfully resolve securities law disputes.


Mediation And International Investment: A Chinese Perspective, Wang Guiguo, HE Xiaoli 2017 University of Maine School of Law

Mediation And International Investment: A Chinese Perspective, Wang Guiguo, He Xiaoli

Maine Law Review

The most important feature of the contemporary world is globalization with a high degree of economic interdependence among nations, which includes breaking down national economic barriers as well as the increasing cross-border economic exchanges and transactions of goods, services, and capital, not only in a large scale but also at a high frequency. The spread of market economy across the globe has created a global market, which effectively allocates resources and distributes them at a global level. It was the development of technology relating to information, transportation, and communications, such as the internet and teleconferencing, that enabled the effective and ...


De-Escalation Techniques, Alexander Robinson 2017 Riley County Police Department

De-Escalation Techniques, Alexander Robinson

Center for Engagement and Community Development

How to resolve issues in high-stress environments.


Sports, Inc. Volume 9, Issue 2, ILR Cornell Sports Business Society 2017 Cornell University ILR School

Sports, Inc. Volume 9, Issue 2, Ilr Cornell Sports Business Society

Sports, Inc.

The ILR Cornell Sports Business Society magazine is a semester publication titled Sports, Inc. This publication serves as a space for our membership to publish and feature in-depth research and well-thought out ideas to advance the world of sport. The magazine can be found in the Office of Student Services and is distributed to alumni who come visit us on campus. Issues are reproduced here with permission of the ILR Cornell Sports Business Society.


The Public Believes Predispute Binding Arbitration Clauses Are Unjust: Ethical Implications For Dispute-System Design In The Time Of Vanishing Trials, Victor D. Quintanilla, Alexander B. Avtgis 2017 Indiana Univeristy, Maurer School of Law

The Public Believes Predispute Binding Arbitration Clauses Are Unjust: Ethical Implications For Dispute-System Design In The Time Of Vanishing Trials, Victor D. Quintanilla, Alexander B. Avtgis

Fordham Law Review

Drawing on these findings, we discuss the pressing need for a wider ethic that applies to transactional attorneys who design binding arbitration clauses within adhesion contracts. We also draw lessons from behavioral legal ethics and social psychology. These lessons reveal that this wider ethic may be endangered by the situational influences that currently operate within law firms (and in-house) due to these two intersecting patterns. We discuss ways of altering the regulatory environment to encourage the wider ethic to flourish.


Restraining Lawyers: From “Cases” To “Tasks”, Morris A. Ratner 2017 UC Hastings College of Law

Restraining Lawyers: From “Cases” To “Tasks”, Morris A. Ratner

Fordham Law Review

These regulatory and market mechanisms for restraining lawyers share a common thread but differ in their purposes, efficacy, and fairness. Despite these differences, the growing intensity of their focus, and their possible amplification of each other, suggest the possibility of the emergence of new professional norms that call on litigators to think more deeply and inclusively about value from the perspective of court and client when making litigation choices.


Closure Provisions In Mdl Settlements, D. Theodore Rave 2017 University of Huston Law Center

Closure Provisions In Mdl Settlements, D. Theodore Rave

Fordham Law Review

Closure has value in mass litigation. Defendants often insist on it as a condition of settlement, and plaintiffs who can deliver it may be able to command a premium. But in multidistrict litigation (MDL), which currently makes up over one-third of the federal docket, closure depends on individual claimants deciding to participate in a global settlement. Accordingly, MDL settlement designers often include terms designed to encourage claimants to opt in to the settlement and discourage them from continuing to litigate. Some of these terms have been criticized as unduly coercive and as benefiting the negotiating parties—the defendant and the ...


The Bellwether Settlement, Adam S. Zimmerman 2017 Loyola Law School

The Bellwether Settlement, Adam S. Zimmerman

Fordham Law Review

This Article examines the use of bellwether mediation in mass litigation. Bellwether mediations are different from bellwether trials,” a practice where parties choose a representative sample of cases for trial to determine how to resolve a much larger number of similar cases. In bellwether mediations, the parties instead rely on a representative sample of settlement outcomes overseen by judges and court-appointed mediators.


Digital Commons powered by bepress