Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- ADR (17)
- Mediation (14)
- ADR Scholarship (9)
- Arbitration (8)
- Negotiation (8)
-
- Federal Arbitration Act (6)
- Mindfulness (6)
- Colorado River (5)
- Dispute resolution (5)
- Emotions (5)
- Guthrie (5)
- Collaboration (4)
- Core Concerns (4)
- Dispute Resolution (4)
- Civil Procedure (3)
- Colorado River Delta (3)
- Conflict resolution (3)
- Foreclosure (3)
- Jews (3)
- Mandatory arbitration (3)
- Alternative dispute resolution (2)
- Bankruptcy (2)
- Blinders (2)
- Conference (2)
- Democracy (2)
- Destabilization (2)
- Economy (2)
- Ethics (2)
- FRCP (2)
- Gaza (2)
Articles 1 - 30 of 90
Full-Text Articles in Law
Arbitration, What Is It Good For?, Thomas O. Main
Arbitration, What Is It Good For?, Thomas O. Main
Nevada Law Journal
No abstract provided.
"Arbitration Schmarbitration": Examining The Benefits And Frustrations Of Defining The Process, Jean R. Sternlight
"Arbitration Schmarbitration": Examining The Benefits And Frustrations Of Defining The Process, Jean R. Sternlight
Nevada Law Journal
No abstract provided.
Arbitration's Dark Shadow, Benjamin P. Edwards
Arbitration's Dark Shadow, Benjamin P. Edwards
Nevada Law Journal
No abstract provided.
Re-Inventing Arbitration: How Expanding The Scope Of Arbitration Is Re-Shaping Its Form And Blurring The Line Between Private And Public Adjudication, Deborah R. Hensler, Damira Khatam
Re-Inventing Arbitration: How Expanding The Scope Of Arbitration Is Re-Shaping Its Form And Blurring The Line Between Private And Public Adjudication, Deborah R. Hensler, Damira Khatam
Nevada Law Journal
No abstract provided.
The Blurring Of The Public/Private Distrinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez
The Blurring Of The Public/Private Distrinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez
Nevada Law Journal
No abstract provided.
The Metaphysics Of Arbitration: A Reply To Hensler And Khatam, Hiro N. Aragaki
The Metaphysics Of Arbitration: A Reply To Hensler And Khatam, Hiro N. Aragaki
Nevada Law Journal
No abstract provided.
Reconciling Fault Lines In Arbitration And Redefining Arbitration Through The Broader Lens Of Procedure, Imre S. Szalai
Reconciling Fault Lines In Arbitration And Redefining Arbitration Through The Broader Lens Of Procedure, Imre S. Szalai
Nevada Law Journal
No abstract provided.
Evolution Of The Arbitration Forum As A Response To Mandatory Arbitration, Teresa J. Verges
Evolution Of The Arbitration Forum As A Response To Mandatory Arbitration, Teresa J. Verges
Nevada Law Journal
No abstract provided.
Response: Public Litigation, Private Arbitration?, David L. Noll
Response: Public Litigation, Private Arbitration?, David L. Noll
Nevada Law Journal
No abstract provided.
Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation, Robert Rubinson
Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation, Robert Rubinson
Nevada Law Journal
No abstract provided.
The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin
The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin
Nevada Law Journal
No abstract provided.
Magistrate Judges, Settlement, And Procedural Justice, Nancy A. Welsh
Magistrate Judges, Settlement, And Procedural Justice, Nancy A. Welsh
Nevada Law Journal
No abstract provided.
Making Peace With Your Enemy: Nelson Mandela And His Contributions To Conflict Resolution, Jean R. Sternlight, Andrea Schneider, Carrie Menkel-Meadow, Robert Mnookin, Richard Goldstone, Penelope Andrews
Making Peace With Your Enemy: Nelson Mandela And His Contributions To Conflict Resolution, Jean R. Sternlight, Andrea Schneider, Carrie Menkel-Meadow, Robert Mnookin, Richard Goldstone, Penelope Andrews
Nevada Law Journal
No abstract provided.
Saltman Center For Conflict Resolution Tenth Anniversary Honors Nelson Mandela, Jean R. Sternlight
Saltman Center For Conflict Resolution Tenth Anniversary Honors Nelson Mandela, Jean R. Sternlight
Nevada Law Journal
No abstract provided.
Beyond Fairness: The Place Of Moral Foundations Theory In Mediation And Negotiation, Jonathan M. Hyman
Beyond Fairness: The Place Of Moral Foundations Theory In Mediation And Negotiation, Jonathan M. Hyman
Nevada Law Journal
No abstract provided.
Pre-Dispute Binding Arbitration In Consumer Warranties: The Ninth Circuit Concludes Correctly For All The Wrong Reasons, Aaron K. Haar
Pre-Dispute Binding Arbitration In Consumer Warranties: The Ninth Circuit Concludes Correctly For All The Wrong Reasons, Aaron K. Haar
Nevada Law Journal
No abstract provided.
Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions, Jeffrey W. Stempel
Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
Mortgage Foreclosure Mediation In Florida - Implementation Challenges For An Institutionalized Program, Sharon Press
Mortgage Foreclosure Mediation In Florida - Implementation Challenges For An Institutionalized Program, Sharon Press
Nevada Law Journal
No abstract provided.
There's No Place Like Home: Applying Dispute Systems Design Theory To Create A Foreclosure Mediation System, Andrea Kupfer Schneider, Natalie C. Fleury
There's No Place Like Home: Applying Dispute Systems Design Theory To Create A Foreclosure Mediation System, Andrea Kupfer Schneider, Natalie C. Fleury
Nevada Law Journal
No abstract provided.
Similarities Between Arbitration And Bankruptcy Litigation, Stephen J. Ware
Similarities Between Arbitration And Bankruptcy Litigation, Stephen J. Ware
Nevada Law Journal
No abstract provided.
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie, Nancy A. Welsh
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie, Nancy A. Welsh
Nevada Law Journal
No abstract provided.
The Global Dimension Of The Current Economic Crisis And The Benefits Of Alternative Dispute Resolution, Rebecca Golbert
The Global Dimension Of The Current Economic Crisis And The Benefits Of Alternative Dispute Resolution, Rebecca Golbert
Nevada Law Journal
No abstract provided.
Community Mediation In Economic Crisis: The Reemergence Of Prearious Sustainability, Wendy E. Hollingshead Corbett, Justin R. Corbett
Community Mediation In Economic Crisis: The Reemergence Of Prearious Sustainability, Wendy E. Hollingshead Corbett, Justin R. Corbett
Nevada Law Journal
No abstract provided.
"Brother Can You Spare A Dime?" Technology Can Reduce Dispute Resolution Costs When Times Are Tough And Improve Outcomes, David Allen Larson
"Brother Can You Spare A Dime?" Technology Can Reduce Dispute Resolution Costs When Times Are Tough And Improve Outcomes, David Allen Larson
Nevada Law Journal
No abstract provided.
Introduction: Brewing Lemonade: Conflict Resolution And The Economic Crisis, Jean R. Sternlight
Introduction: Brewing Lemonade: Conflict Resolution And The Economic Crisis, Jean R. Sternlight
Nevada Law Journal
No abstract provided.
Volunteers: The Power Of Community Mediation, Becky L. Jacobs
Volunteers: The Power Of Community Mediation, Becky L. Jacobs
Nevada Law Journal
No abstract provided.
Court-Annexed Arbitration And Nevada's Unique Penalty Provisions: Introducing An Arbitrator's Findings At A Trial De Novo, Paul C. Williams
Court-Annexed Arbitration And Nevada's Unique Penalty Provisions: Introducing An Arbitrator's Findings At A Trial De Novo, Paul C. Williams
Nevada Law Journal
No abstract provided.
Yes, And: Core Concerns, Internal Mindfulness, And External Mindfulness For Emotional Balance, Lie Detection, And Successful Negotiation, Clark Freshman
Yes, And: Core Concerns, Internal Mindfulness, And External Mindfulness For Emotional Balance, Lie Detection, And Successful Negotiation, Clark Freshman
Nevada Law Journal
This article suggests that both parts of Leonard Riskin's latest article and parts of the argument on “core concerns” by Roger Fisher and Dan Shapiro may, with certain individuals in certain circumstances, not work. Indeed, focusing on core concerns may even produce less functional emotions and therefore decrease the chances of an optimal outcome. This article addresses the limitations inherent within the core concerns approach and suggests “external mindfulness” as a complementary skill to check when core concerns help and when other tools, including both internal and external mindfulness, may help as well as--or better than--the core concerns approach. We …
What Does It Mean To Do The Right Thing?, Ran Kuttner
What Does It Mean To Do The Right Thing?, Ran Kuttner
Nevada Law Journal
This Article will explore how the practice of mindfulness and the cultivation of wisdom as understood in the Buddhist philosophy can help develop a mindset that will assist lawyers and conflict resolution specialists to make conscious ethical decisions and to do the “right thing” in different situations. It will draw a distinction between the two central terms, “mindfulness” and “wisdom,” clarify the philosophical underpinnings of “wisdom,” introduce foundational concepts in Buddhist philosophy, and suggest that in order to cultivate the aforementioned mindset, it is important to go beyond “mindfulness” and meet the challenges that the cultivation of “wisdom” pose. Part …
Mindfulness, Emotions, And Ethics: The Right Stuff?, Ellen Waldman
Mindfulness, Emotions, And Ethics: The Right Stuff?, Ellen Waldman
Nevada Law Journal
This essay celebrates Leonard Riskin's call to arms while suggesting some limits to what mindfulness can achieve in the ethical realm. I discuss recent developments in neuroethics that imply a prominent role for emotions in establishing ethical restraint. The Article also surveys a growing body of evidence that suggests the directive power of our emotions remains largely hidden from and impervious to the control of our “reasoning” selves. Lastly, the author examines what Riskin has, in an earlier work, described as the ethical hard case in light of recent explorations into the emotional wellsprings of deontological versus consequentialist thinking. Although …