Law Commons^™

Legal Bargaining Theory's New "Prospecting" Agenda: It May Be Social Science, But Is It News?, Robert J. Condlin

Robert J. Condlin

In the good old days legal bargaining scholarship was based mostly on negotiator war stories exuberantly told. The social-scientific study of the subject did not begin in earnest until the nineteen-seventies. Since then, however, the literature of storytelling has gone into a pronounced eclipse and social-scientific study is now the principal scholarly game in town. This article questions the wisdom of this shift, almost seismic in its proportions, and argues that it is too soon to jump on the social science bandwagon. Discussion focuses on the uses made of the Prospect Theory of Daniel Kahneman and Amos Tversky and the …

Simply A Dress Rehearsal? U.S. Olympic Sports Arbitration And De Novo Review At The Court Of Arbitration For Sport, Maureen A. Weston Prof.

Maureen A Weston

This article discusses issues that can arise when American atheletes attempt to deal with the web of national and international dispute resolution procedures and the emerging lex sportiva, which govern international sports. Specifically, it examines the reasons why the American court system cannot assist American athletes who submit to international sports dispute resolution procedures. Congress has designated the United States Olympic Committee (USOC) as the domestic organization that handles disputes involving Olympic-eligible American athletes. If the USOC declares an athlete ineligible or hands down some other sanction, the case can be submitted to the American Arbitration Association (AAA), the tribunal …

Examining The Dispute Resolution Section Pro Bono Mediation Project: Lessons Learned And A Plan For The Future, Sherrill W. Hayes

Sherrill W. Hayes

Reexamining Arbitral Immunity In An Age Of Mandatory And Professional Arbitration, Maureen A. Weston Prof.

Maureen A Weston

In the past ten to twenty years, the use of arbitration as a form of private dispute resolution has proliferated as a result of mandatory predispute and form arbitration contracts between corporate entities and their customers, patients, or employees. This increase has spawned a market for professional private arbitrators and an industry of private businesses that provide arbitration support and administrative services (provider institutions). Under the doctrine of arbitral immunity, both arbitrators and provider institutions are immune from civil liability. The result of this immunity, however, is that parties injured by arbitral misconduct have limited recourse and no effective remedy. …

Confidentiality's Constitutionality: The Incursion On Judicial Powers To Regulate Parties In Court-Connected Mediation, Maureen A. Weston Prof.

Maureen A Weston

This Article explores the interplay between mediation confidentiality legislation and judicial powers to regulate participant conduct in the pretrial process. Part II describes the role of the court in monitoring parties' conduct in distinct settlement-related processes, such as private settlement negotiations, judicial settlement conferences, court-connected arbitration, and court-connected mediation, as well as the corresponding but varied confidentiality protection accorded these processes. Part III examines judicial decisions analyzing the tension between mediation confidentiality and judicial power to monitor and sanction misconduct in a settlement or court-connected mediation setting, specifically comparing the approach used by the California Supreme Court in Foxgate Homeowners’ …