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Full-Text Articles in Law
Intersections Of Business And Legal Dispute Resolution: Decision Analytic Modeling Of Litigation Investment Decisions, George J. Siedel
Intersections Of Business And Legal Dispute Resolution: Decision Analytic Modeling Of Litigation Investment Decisions, George J. Siedel
Journal of Dispute Resolution
The relationship between law school and business school approaches to dispute resolution has not, to date, been clearly articulated and discussed. This is unfortunate because increased awareness of the differences in perspective would enrich dispute resolution theory and practice. The purpose of this paper is twofold. First, a dispute resolution taxonomy will be used to provide an overview of the linkage between law school-type ADR concepts and the business school interest in power theory and conflict intervention. Second, to illustrate the benefits that can arise from interaction between legal and business research, a specific technique--the use of decision tree analysis …
Whose Dispute Is This Anyway: The Propriety Of The Mini-Trial In Promoting Corporate Dispute Resolution, Lewis D. Barr
Whose Dispute Is This Anyway: The Propriety Of The Mini-Trial In Promoting Corporate Dispute Resolution, Lewis D. Barr
Journal of Dispute Resolution
This comment is divided into five parts. Part I examines the nature of the mini-trial-its unique and attractive features. Part II inquires into the minitrial's suitability for resolving certain types of disputes. Part III describes how the mini-trial meets the needs of corporate parties to a dispute while benefiting the public. Part IV addresses the validity of general ADRM criticism as applied to the mini-trial. Finally, Part V offers a conclusion on the propriety of the mini-trial for resolving corporate disputes.
Defamation And Alternative Dispute Resolution: Healing The Sting, Robert M. Ackerman
Defamation And Alternative Dispute Resolution: Healing The Sting, Robert M. Ackerman
Journal of Dispute Resolution
This article will explore several mechanisms for the resolution of defamation cases. It will first review problems of substantive law which present obstacles to the fair and efficient resolution of these disputes. It will then explore some substantive law reform proposals which may expedite the fair and rational resolution of these disputes. Finally, the article will suggest some private dispute resolution processes which may advance the parties' goals, with or without substantive law reform. While a large number of defamation disputes involve non- media defendants, 9 the article will focus upon disputes involving news organizations. The article will also examine …
Book Review , John S. Murray
Book Review , John S. Murray
Journal of Dispute Resolution
Textbooks intended for law school use should be evaluated in line with their intended purpose. The objective of Dispute Resolution is to provide law students with materials that describe, explain and raise questions about our society's processes for resolving disputes. An ideal textbook is thorough in its coverage of the substance and issues of the subject matter, usable in the sense of providing resources to help the teacher motivate students and channel class discussion, and readable in a student-friendly sense. In this essay I will review the Goldberg, Green and Sander text from the classroom perspective using these standards as …
Mediator Expectations And Professional Training: Implications For Teaching Dispute Resolution, Raymond Albert
Mediator Expectations And Professional Training: Implications For Teaching Dispute Resolution, Raymond Albert
Journal of Dispute Resolution
Thus, this study explores the following questions within the context of landlord-tenant disputes: What are mediator role expectations? Do these vary depending on the mediator's professional training? What are the implications for the teaching of disputes resolution?
Will The Seventh Amendment Survive Adr?, Roger W. Kirst
Will The Seventh Amendment Survive Adr?, Roger W. Kirst
Journal of Dispute Resolution
The seventh amendment problem is not within the ADR procedures themselves, but rather in how ADR is integrated into the total system of formal dispute resolution. Proponents of ADR may not intend to destroy federal civil jury trial, but ADR could be a serious threat to the seventh amendment if alternative procedures supplant civil jury trial and leave the constitutional language as a hollow shell. On the other hand, substantial use of ADR would not necessarily threaten seventh amendment values if jury trial remains available; instead, ADR procedures in routine litigation might protect the role of the civil jury in …
Dispute Resolution: The Fourth R, Albie Davis, Kit Porter
Dispute Resolution: The Fourth R, Albie Davis, Kit Porter
Journal of Dispute Resolution
What will be the consequences of a public skilled in dealing creatively with conflicts? Will universities and law schools be ready when these students enter their classrooms? Will community violence, particularly juvenile crime, decrease? Will suits cease to be the answer? Will lawyers change their style or go out of style? Will the foundations of our legal system be challenged? Will people who feel confident in handling their personal amd community disputes in a non-adversarial manner demand that governments solve international disputes without violence? We do not know the answers to these questions, but the impact of teaching dispute resolution …
Book Reviews , Robert Coulson
Book Reviews , Robert Coulson
Journal of Dispute Resolution
This is an important book for anyone who needs to understand how changes can be orchestrated in our increasingly complex society and how major economic disagreements can best be resolved. Too many books and papers on dispute resolution are written by academics and others who have little practical experience with the process. Perhaps that is why negotiation is often described in terms of two people bargaining across a table, sometimes with the help of a single, neutral mediator. In real life, each "party" consists of numerous contesting individuals expressing conflicting demands, some resisting any tendency to compromise, others willing to …
Alternative Means Of Dispute Resolution: Practices And Possibilities In The Federal Government, William French Smith
Alternative Means Of Dispute Resolution: Practices And Possibilities In The Federal Government, William French Smith
Journal of Dispute Resolution
In the early nineteenth century Alexis de Tocqueville predicted that the law would become a secular religion in the United States, and that every important political question would be turned into a matter for law and litigation.' History once again has proven de Tocqueville's remarkable prescience. Over the past two decades, there has been a staggering increase in litigation.2 Americans now are filing more lawsuits than ever before, and are litigating a wide variety of disputes that previously had been resolved through other means.