Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Year
- Publication
-
- Thomas Carbonneau (19)
- Catherine Rogers (7)
- Maureen A Weston (6)
- Nancy Welsh (6)
- Thomas V. Burch (5)
-
- Michael Z. Green (3)
- Alexander Colvin (2)
- Bruno Meyerhof Salama (2)
- David B Lipsky (2)
- Edgardo Muñoz (2)
- Edmund P. Edmonds (2)
- Felipe Eduardo Zabalza (2)
- Harold I. Abramson (2)
- Stephen Ware (2)
- Victoria Shannon Sahani (2)
- Aditya Swarup (1)
- Andrew D. Bradt (1)
- Antonin I. Pribetic (1)
- Ariana R. Levinson (1)
- Brian Abbas (1)
- Brian Farkas (1)
- Christopher Wadlow (1)
- Curtis E.A. Karnow (1)
- Deseriee A. Kennedy (1)
- Douglas D. Gransberg (1)
- Erin Ryan (1)
- Ferris K Nesheiwat (1)
- Griffin Toronjo Pivateau (1)
- Guillermo J. Garcia Sanchez (1)
- James A. Graham (1)
Articles 91 - 94 of 94
Full-Text Articles in Law
Reexamining Arbitral Immunity In An Age Of Mandatory And Professional Arbitration, Maureen A. Weston Prof.
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.
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’ …
Developing Construction Claims For Arbitration: Two Arbitrators' Viewpoint, Douglas D. Gransberg, Charles A. Joplin
Developing Construction Claims For Arbitration: Two Arbitrators' Viewpoint, Douglas D. Gransberg, Charles A. Joplin
Douglas D. Gransberg
Two arbitrators' viewpoints of construction claims development are provided in the hope that the information will be useful to those needing to resolve construction claims by arbitration. It also may help to reduce the volume of costly and unnecessary documentation. Because of arbitration's relative formality, attorneys representing construction contractors and owners tend to prepare their cases in the same way as they would for litigation. This leads to potential information overkill, which threatens the arbitration panel's ability to easily sort through and understand the issues in its quest for a fair and equitable decision.
Adr, The Judiciary, & Justice: Coming To Terms With The Alternatives, Erin Ryan
Adr, The Judiciary, & Justice: Coming To Terms With The Alternatives, Erin Ryan
Erin Ryan
[This student note is the closing chapter of the Harvard Law Review “Developments in the Law” issue for the year 2000, devoted to developments in civil litigation.] Any discussion of recent developments in civil litigation must address the virtual revolution that has taken place regarding alternative dispute resolution (ADR). Attorneys have witnessed a steady growth in their clients' recourse to ADR in place of lawsuits, and ADR is increasingly incorporated into the litigation process by the judiciary itself—in the form of court-annexed arbitration, mediation, summary jury trials, early neutral evaluation, and judicial settlement conferences. “Alternative” models of dispute resolution have …