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Dispute Resolution and Arbitration
University of Arkansas at Little Rock William H. Bowen School of Law
- Keyword
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- Appellate mediation (5)
- Arbitration (5)
- Mediation (4)
- Consumer (2)
- Dispute resolution (2)
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- FAA (2)
- Finality (2)
- Inc. (2)
- Vacatur (2)
- "any real legal basis" requirement (1)
- 28 U.S.C. § 1927 (1)
- 3-D (1)
- ADR (1)
- AT&T Mobility (1)
- Accuracy (1)
- Alternate dispute resolution (1)
- Alternative dispute resolution (1)
- Americans with Disabilities Act; ADA; Title I of ADA; analyzing contractual grievances; labor arbitration; reasonable accommodation; seniority clause; Section 513 of the ADA; Section 118 of the Civil Rights Act of 1991; Federal Arbitration Act; Section 203(d) of the Taft-Hartley Act; Executive Order 11246 OFCCP Revised Order Number 4; Judicial Improvements and Access to Justice Act; Administrative Dispute Resolution Act; benefits of using arbitration; resolving reasonable accommodation issue through arbitration; enforceability of arbitration agreements; Wright v. Universal Maritime Service Corp.; ADA and grievance arbitration; contractual seniority rights versus reasonable accommodation; (1)
- Arbitration Act (1)
- Arbitration; securities disputes; NASD arbitrations; process of arbitration; National Association of Securities Dealers (1)
- Arbitrators (1)
- Arkansas Court of Appeals (1)
- Assessment (1)
- Attorney ad litem (1)
- B. L. Harbert International (1)
- Bernie Mayer (1)
- Book review (1)
- Circuit split (1)
- Colorable argument (1)
- Confidentiality (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 21 of 21
Full-Text Articles in Law
Intimate Partner Violence And Family Dispute Resolution – Coercion, Capacity, And Control, Kelly Browe Olson
Intimate Partner Violence And Family Dispute Resolution – Coercion, Capacity, And Control, Kelly Browe Olson
Faculty Scholarship
Intimate partner violence (IPV) is one of the most complex issues that family dispute resolution (FDR) professionals encounter. Over one-third of women and one-quarter of men in the United States have experienced physical violence, rape, and/or stalking by an intimate partner in their lifetime (Black et al., 2011), and a majority of separation- and divorce-related cases involve IPV allegations (Ballard et al., 2011; Beck et al., 2010; Belzer, 2003). IPV often escalates, and is most dangerous, during and after separation and creates unique challenges for mediation and other collaborative processes (Beck & Raghaven, 2010; Kelly & Johnson, 2008). Therefore, all …
Arbitration Law In Tension After Hall Street: Accuracy Of Finality?, Stanley A. Leasure
Arbitration Law In Tension After Hall Street: Accuracy Of Finality?, Stanley A. Leasure
University of Arkansas at Little Rock Law Review
No abstract provided.
Book Review: The Conflict Paradox: Seven Dilemmas At The Core Of Disputes By Bernie Mayer, Kelly Browe Olson
Book Review: The Conflict Paradox: Seven Dilemmas At The Core Of Disputes By Bernie Mayer, Kelly Browe Olson
Faculty Scholarship
Bernie Mayer's latest book is an excellent journey into seven key dilemmas in conflict. Mayer devotes a chapter to each of the following dilemmas: Competition and Cooperation, Optimism and Realism, Avoidance and Engagement, Principle and Compromise, Emotions and Logic, Impartiality and Advocacy, and Autonomy and Community. In this review, I suggest that the book is a thorough guide through seemingly diverse and opposing conflict theories. I go through each chapter and detail how Mayer sees these concepts as interwoven instead of oppositional. He walks his readers through what have been thought of as distinctive, even opposing, approaches, theories, and concepts …
Arbitration Agreements In Arkansas After Concepcion, John C. Williams
Arbitration Agreements In Arkansas After Concepcion, John C. Williams
University of Arkansas at Little Rock Law Review
No abstract provided.
Quantifying The Economic Benefits Of Effective Redress: Large E-Commerce Data Sets And The Cost-Benefit Case For Investing In Dispute Resolution, Colin Rule
University of Arkansas at Little Rock Law Review
Demonstrating the economic benefit of investments in fair and effective redress systems has been one of the greatest challenges for dispute resolution. This article uses results from large e-commerce data sets to demonstrate the quantifiable benefit in of investments in effective dispute resolution processes. Specifically, the data is based not on user-reported satisfaction, which can be unreliable, but instead on an analysis of the actual behavior of users before and after a dispute event. The result is hard evidence of the economic benefits from the deployment of effective redress processes, which is relevant to e-commerce service providers, as well as …
Leveling Up To Immersive Dispute Resolution (Idr) In 3-D Virtual Worlds: Learning And Employing Key Idr Skills To Resolve In-World Developer-Participant Conflicts, Lucille M. Ponte
Leveling Up To Immersive Dispute Resolution (Idr) In 3-D Virtual Worlds: Learning And Employing Key Idr Skills To Resolve In-World Developer-Participant Conflicts, Lucille M. Ponte
University of Arkansas at Little Rock Law Review
This article proposes a new conflict resolution approach called "immersive dispute resolution" (IDR) through the use of existing communication and graphical technology in 3-D virtual worlds as well as the collaborative and strategic thinking skills virtual world participants acquire in digital experiences. Specifically, this article begins by discussing research on learning in virtual worlds, with an emphasis on key collaborative conflict resolution skills accumulated through play in virtual environments. Next, this article discusses current dispute resolution processes available in certain 3-D worlds which fail to leverage the technology or collaborative skills available in these environments, and finishes with a call …
An Empirical Study Of Predispute Mandatory Arbitration Clauses In Social Media Terms Of Service Agreements, Michael L. Rustad, Richard Buckingham, Diane D’Angelo, Katherine Durlacher
An Empirical Study Of Predispute Mandatory Arbitration Clauses In Social Media Terms Of Service Agreements, Michael L. Rustad, Richard Buckingham, Diane D’Angelo, Katherine Durlacher
University of Arkansas at Little Rock Law Review
This Article is the first empirical study of the use of predispute mandatory arbitration clauses by social networking sites (SNSs) and sheds light on whether SNSs are using arbitration clauses strategically in order to complete a "liability-free" zone in cyberspace. Our empirical findings reveal that SNS arbitration clauses contravene many of the basic principles deemed indispensable for a fundamentally fair process for consumers to obtain civil recourse for recognized torts and remedies for contract disputes. Congress needs to prohibit predispute mandatory arbitration clauses in terms of service agreements and privacy policies.
Building Bridges To Remedies For Consumers In International Conflicts, Amy J. Schmitz
Building Bridges To Remedies For Consumers In International Conflicts, Amy J. Schmitz
University of Arkansas at Little Rock Law Review
This essay addresses the lack of consumer remedy mechanism, and attempts to open consideration of expanded use of online processes for resolving business-to-consumer (B2C) eConflicts. Specifically, the essay attempts to highlight the problems created by problematic and uncertain enforcement of B2C arbitration, and proposes the use of the Internet to create fair and globally enforceable Online Dispute Resolution and Online Arbitration (OArb) mechanisms. These mechanisms would capitalize on the growth and efficiency of the Internet while protecting consumers from burdensome and/or expensive procedures that render existing remedies meaningless.
The essay begins by discussing the importance of fair and accepted B2C …
Arbitration After Hall Street V. Mattel: What Happens Next?, Stanley A. Leasure
Arbitration After Hall Street V. Mattel: What Happens Next?, Stanley A. Leasure
University of Arkansas at Little Rock Law Review
No abstract provided.
Vacatur Of Arbitration Awards: The Poor Loser Problem Or Loser Pays?, Stanley A. Leasure
Vacatur Of Arbitration Awards: The Poor Loser Problem Or Loser Pays?, Stanley A. Leasure
University of Arkansas at Little Rock Law Review
In B. L. Harbert International, LLC. v. Hercules Steel Co., decided in February 2006, the Eleventh Circuit Court of Appeals took the opportunity to express its "exasperation" with the growing tendency of losing parties in arbitration disputes to take a "never-say-die attitude" in the pursuit of vacatur of arbitral decisions "without any real legal basis for doing so" and its concern for the concomitant threat to the underlying purposes of the Federal Arbitration Act (FAA).
Applying the Harbert "any real legal basis" requirement raises several concerns that can be assuaged only by courts' commitment to focus on balancing following two …
Finality Versus Consistency: Does Investor-State Arbitration Need An Appellate System, Ian Laird, Rebecca Askew
Finality Versus Consistency: Does Investor-State Arbitration Need An Appellate System, Ian Laird, Rebecca Askew
The Journal of Appellate Practice and Process
No abstract provided.
Pre-Argument Settlement At The Michigan Court Of Appeals: A Secret Too Well Kept, Jeremy L. Fetty
Pre-Argument Settlement At The Michigan Court Of Appeals: A Secret Too Well Kept, Jeremy L. Fetty
The Journal of Appellate Practice and Process
No abstract provided.
Appellate Mediation In Pennsylvania: Looking Back At The History And Forward To The Future, Sandra Schultz Newman, Scott E. Friedman
Appellate Mediation In Pennsylvania: Looking Back At The History And Forward To The Future, Sandra Schultz Newman, Scott E. Friedman
The Journal of Appellate Practice and Process
No abstract provided.
Appellate Mediation In New Mexico: An Evaluation, Roger A. Hanson, Richard Becker
Appellate Mediation In New Mexico: An Evaluation, Roger A. Hanson, Richard Becker
The Journal of Appellate Practice and Process
No abstract provided.
Promoting The Best Interests Of Children Whose Parents Are Divorcing: The Next Steps For Arkansas, Kenneth S. Gallant
Promoting The Best Interests Of Children Whose Parents Are Divorcing: The Next Steps For Arkansas, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Mediation In The New Mexico Court Of Appeals, Richard Becker
Mediation In The New Mexico Court Of Appeals, Richard Becker
The Journal of Appellate Practice and Process
A mediator gives a summary of the implementation of, procedure relating to, and role of lawyers in the New Mexico Court of Appeals’s mediation program.
Better Late Than Never: Settlement At The Federal Court Of Appeals, Mori Irvine
Better Late Than Never: Settlement At The Federal Court Of Appeals, Mori Irvine
The Journal of Appellate Practice and Process
The Civil Justice Reform Act of 1990 encouraged all federal district courts to implement alternative dispute resolution programs. Federal Courts of Appeals implemented alternative dispute resolution programs as early as 1974. This article surveys federal alternative dispute resolution programsthen takes an in-depth look at the Eleventh Circuit’s program. The article provides advice for appellate advocacy during mediation.
Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner
Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner
University of Arkansas at Little Rock Law Review
No abstract provided.
From Star To Supernova To Dark, Cold Neutron Star: The Early Life, The Explosion And The Collapse Of Arbitration, Michael Hunter Schwartz
From Star To Supernova To Dark, Cold Neutron Star: The Early Life, The Explosion And The Collapse Of Arbitration, Michael Hunter Schwartz
Faculty Scholarship
No abstract provided.
Arbitration Of A Securities Dispute—An Overview For The Practitioner, Richard C. Downing, Patrick R. James
Arbitration Of A Securities Dispute—An Overview For The Practitioner, Richard C. Downing, Patrick R. James
University of Arkansas at Little Rock Law Review
No abstract provided.
Securities—Arbitration—Agreements To Arbitrate Are Valid, John P. Neihouse
Securities—Arbitration—Agreements To Arbitrate Are Valid, John P. Neihouse
University of Arkansas at Little Rock Law Review
No abstract provided.