Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Mediation (4)
- Arbitration (2)
- Employment discrimination (2)
- Legal education (2)
- Adr (1)
-
- Air line pilots (1)
- Alternative dispute resolution (1)
- Arbitration act (1)
- Arbitration provisions (1)
- Attorneys' duty (1)
- Aykanian (1)
- Bankruptcy (1)
- Bodine electric (1)
- Civil (1)
- Collective bargaining agreements (1)
- Complaints (1)
- Compulsory arbitration agreement (1)
- Criminal (1)
- Duffield (1)
- Employee (1)
- Employer (1)
- Employment (1)
- Employment dispute (1)
- Enforcement (1)
- FAA (1)
- Federal arbitration act (1)
- Federal common law (1)
- Federal court (1)
- Federal mediation privilege (1)
- Folb (1)
Articles 1 - 16 of 16
Full-Text Articles in Law
On Teaching Mediation, Edwin H. Greenebaum
On Teaching Mediation, Edwin H. Greenebaum
Journal of Dispute Resolution
In this article, I will delineate the issues and explore the implications of resolving them in different ways. Part I develops a taxonomy of variations in models of mediation. In Part II, I analyze choices and constraints in course design. In Part III, I specify the choices I have made in structuring my own course in mediation. I will relate those choices to the context of my school, to my students' backgrounds and interests, and to my competencies and goals. The initial version of this paper was written for my students to read as they entered my course. Pedagogically, the …
Faa Pre-Emption: When Should Conflicting State Law Be Pre-Empted By The Faa - Weston Securities Corp. V. Aykanian, Suzanne H. Johnson
Faa Pre-Emption: When Should Conflicting State Law Be Pre-Empted By The Faa - Weston Securities Corp. V. Aykanian, Suzanne H. Johnson
Journal of Dispute Resolution
Since the creation of the F.A.A., courts, including the United States Supreme Court, have considered whether the F.A.A. pre-empts conflicting state law. Although courts generally find that the F.A.A. pre-empts state substantive and procedural law when it stands as an obstacle to Congress' goal of enforcing arbitration,5 the Massachusetts Court of Appeals, in Weston Securities Corp. v. Aykanian, made its own determination on this issue, since it was a case of first impression for the court. The court faced the question of whether a Massachusetts procedural rule, which did not allow an immediate appeal from an order to arbitrate, was …
Recent Developments: The Uniform Arbitration Act, Jamie K. Hunt, Ashley E. Ratcliffe, Jeffrey B. Williams, Kimberly Yates
Recent Developments: The Uniform Arbitration Act, Jamie K. Hunt, Ashley E. Ratcliffe, Jeffrey B. Williams, Kimberly Yates
Journal of Dispute Resolution
This Article is an overview of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A.").' Arbitration statutes patterned after the U.A.A. have been adopted by thirty-four states and the District of Columbia. The goal of this project is to promote uniformity in the interpretation of the U.A.A. by articulating the underlying policies and rationales of recent court decisions interpreting the U.A.A.
Use Of Mediation In Employment Discrimination Cases, The, Matt A. Mayer
Use Of Mediation In Employment Discrimination Cases, The, Matt A. Mayer
Journal of Dispute Resolution
This Article will address the issues noted above. Part II discusses the realities for employers and employees created by the increased filing of employment discrimination claims. Part III encapsulates the procedural movement of a claim through the EEOC. Part IV summarizes the mediation process and notes why mediation is one of the methods used to deal with these claims. Part V highlights the pros and cons associated with the mediation of employment discrimination claims. Part VI discusses the inherent tensions between the goals of mediation and the goals of the anti-discrimination laws, as well as the inherent tensions that naturally …
Non-Union Member Complaints To Calculation Of Agency Shop Fees: Arbitration Or Judicial Relief - Air Line Pilots Ass'n V. Miller, Ann E. Ahrens
Non-Union Member Complaints To Calculation Of Agency Shop Fees: Arbitration Or Judicial Relief - Air Line Pilots Ass'n V. Miller, Ann E. Ahrens
Journal of Dispute Resolution
"Free rider" problems plague any group or association that provides general benefits for its participants. Members may pay a fee, but nonmembers can reap the benefits without expenditure. Labor unions address this disparity through the use of agency shop fees contained in collective bargaining agreements. These fee agreements call for those employees who choose not to join the union to pay their share of the costs of collective bargaining. Labor unions have developed extensive mechanisms in order to calculate the amount of the fee. Employees, who do not want to subsidize activities they do not support, can file complaints with …
Federal Court Positively Adopts A Federal Common Law Testimonial Privilege For Mediation: Is It Justified - Folb V. Motion Picture Industry Pension & (And) Health Plans, Ryan D. O'Dell
Journal of Dispute Resolution
Mediation is a popular means of alternative dispute resolution that has proliferated in recent years. Virtually every state has adopted some form of testimonial privilege to protect the confidentiality of private parties participating in mediation. The federal courts, however, have never adopted a mediation privilege protecting the confidentiality of mediation between private parties in federal court. Federal courts have relied on other evidentiary, procedural and contractual protections to ensure that communications articulated during mediation will not be used for purposes outside mediation proceedings. Finding these protections inadequate to insulate parties in private mediation proceedings from third party discovery, the United …
Nasd Applications Require Arbitration Of Employment Disputes - Mouton V. Metropolitan Life Insurance Co., Christina S. Young
Nasd Applications Require Arbitration Of Employment Disputes - Mouton V. Metropolitan Life Insurance Co., Christina S. Young
Journal of Dispute Resolution
Under the Federal Arbitration Act's (FAA) mandate favoring arbitration, numerous statutory claims are subjected to arbitration. For employment disputes falling under Title VII, competing approaches based on whether the employment agreement was a union or a non-union agreement, have been adopted. Union agreements to arbitrate employment disputes are generally not compelled to arbitrate. Conversely, in a non-union employment agreement, the broad arbitration clauses are interpreted to require arbitration of Title VII claims. These inconsistent rules have been applied to the detriment of non-union employees.
Giving Meaning To The Second Generation Of Adr Education: Attorneys' Duty To Learn About Adr And What They Must Learn, Suzanne J. Schmitz
Giving Meaning To The Second Generation Of Adr Education: Attorneys' Duty To Learn About Adr And What They Must Learn, Suzanne J. Schmitz
Journal of Dispute Resolution
This article explores the need for attorneys to learn about ADR and sets out a basic primer for the second generation of ADR education. Part II of this article details why attorneys have a duty to be educated about ADR. Part IV sets out an ADR primer, with recommended readings, for litigation and transactional attorneys who desire to meet the expectations of the courts and of their clients.
Collective Bargaining Agreements, Arbitration Provisions And Employment Discrimination Claims: Compulsory Arbitration Or Judicial Remedy - Johnson V. Bodine Electric Co., Ann E. Ahrens
Journal of Dispute Resolution
This casenote addresses the effect of mandatory arbitration provisions in collective bargaining agreements (CBA) upon statutory anti-discrimination claims. Disputes in this area arise when an employee joins a union, thus becoming subject to a CBA negotiated between the union and the employees. What often happens is that the CBA will generally contain a clause calling for arbitration of all claims arising under the agreement. Later, if the employee believes he has been subjected to discriminatory practices on the part of the employer and seeks remedies under anti-discrimination laws, such as Title VII, the employer will move to compel arbitration. The …
Does Title Vii Preclude Enforcement Of Compulsory Arbitration Agreements - The Ninth Circuit Says Yes - Duffield V. Robertson Stephens & (And) Co., Ryan D. O'Dell
Journal of Dispute Resolution
This casenote examines a Ninth Circuit decision that considered the impact of the Civil Rights Act of 1991 on the unsettled question of whether Title VII precludes employers from requiring prospective employees, as a mandatory condition of employment, to foreclose their right to bring Title VII claims in federal court. The Ninth Circuit construct the 1991 Act to preclude enforcement of individual employment agreements that require employees to arbitrate statutory claims brought under Title VII. The holding of this case establishes a controversial precedent because it is inconsistent with a seminal Supreme Court decision, the FAA mandate and other recent …
Federal Mediation Privilege: Should Mediation Communications Be Protected From Subsequent Civil & (And) Criminal Proceedings - In Re: Grand Jury Subpoena Dated December 17, 1996, Joshua J. Englebart
Federal Mediation Privilege: Should Mediation Communications Be Protected From Subsequent Civil & (And) Criminal Proceedings - In Re: Grand Jury Subpoena Dated December 17, 1996, Joshua J. Englebart
Journal of Dispute Resolution
This Note examines the decision of the Fifth Circuit to deny the existence of a federal mediation privilege when parties moved to quash a grand jury subpoena that sought mediation records to investigate criminal wrongdoing allegedly committed in the mediation program. This Note will focus on the federal government's refusal to establish a mediation privilege despite the fact that some states have embraced such a privilege.
Evaluating Bankruptcy Mediation, William J. Woodward Jr.
Evaluating Bankruptcy Mediation, William J. Woodward Jr.
Journal of Dispute Resolution
This Article aims to do several things. First, it will briefly describe a court sponsored mediation program developed several years ago by the court and bankruptcy bar in the Eastern District of Pennsylvania. The program depended on trained mediators who did their work on court-selected bankruptcy matters on a pro bono basis. Partly because of its "cost-free" nature, the program created a need for periodic evaluation to ensure the court and bar that it was delivering positive results without inflicting undesirable hidden costs on the participants or the local bankruptcy system as a whole.6
Exceptional Circumstances Justifying Vacatur When Lower Court Decision Mooted By Settlement: Repeat Litigants Slide Into Home With Second Circuit Decision - Major League Baseball Properties, Inc. V. Pacific Trading Cards, Inc., S. Kristina Starke
Journal of Dispute Resolution
At heart in the scholarship advocating Alternative Dispute Resolution are two interests: one, that using processes such as negotiation, mediation, and arbitration conserve public and private resources otherwise expended on litigation; and two, that in certain circumstances, these alternative processes may provide better justice than would occur in litigation.' However, once litigation of a case has commenced, and an adverse judgment has been made against one party, that party may not be willing to settle the case unless the adverse judgement is vacated.4 Historically, most state and federal courts would routinely grant vacatur when requested by litigants who settled their …