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Dispute Resolution and Arbitration

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Dispute resolution

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Articles 211 - 240 of 244

Full-Text Articles in Law

Report Of The Securities Industry Conference On Arbitration On Representation Of Parties In Arbitration By Non-Attorneys Jan 1995

Report Of The Securities Industry Conference On Arbitration On Representation Of Parties In Arbitration By Non-Attorneys

Fordham Urban Law Journal

The following is a Report prepared by the Securities Industry Conference on Arbitration ("SICA" or "Conference") concerning non-attorney representation in arbitration. The report is the result of a study, conducted by SICA over the past two years, on the practices and activities of individuals and organizations ("Non-Attorney Representatives" or "NARs") that provide public customers an alternative to representation by attorneys in disputes between customers and broker/dealers. The study was prompted by complaints concerning the quality of such representation; and, raised questions as to whether the activities of NARs constituted the unauthorized practice of law, and whether the interests of investors …

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Enforceability Of An Agreement To Submit To A Non-Arbitral Form Of Dispute Resolution: The Rise Of Mediation And Neutral Fact-Finding - Annapolis Professional Firefighters Local 1926 V. City Of Annapolis, The, Tim K. Klintworth Jan 1995

Enforceability Of An Agreement To Submit To A Non-Arbitral Form Of Dispute Resolution: The Rise Of Mediation And Neutral Fact-Finding - Annapolis Professional Firefighters Local 1926 V. City Of Annapolis, The, Tim K. Klintworth

Journal of Dispute Resolution

Agreements between employers and unions frequently specify a form of alternate dispute resolution to be utilized in the event of a future dispute. Annapolis addresses the issue of the enforceability of a written agreement to submit future disputes to some form of non-arbitral resolution such as mediation or neutral-fact finding.

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Reevaluating The Nursing Home Ombudsman's Role With A View Toward Expanding The Concept Of Dispute Resolution, Jeffrey S. Kahana Jul 1994

Reevaluating The Nursing Home Ombudsman's Role With A View Toward Expanding The Concept Of Dispute Resolution, Jeffrey S. Kahana

Journal of Dispute Resolution

The aim of this Article is to examine the function of the ombudsman in the context of long-term health care facilities.6 The first part of the Article will consider the broader history and purposes of the office of the ombudsman. The second part will focus on the traditional methods used to ensure quality of care in the nursing home. The third part will examine the specific role played by the ombudsman in the ecological context of the nursing home. Finally, the fourth part will consider the effectiveness of the nursing home ombudsman as an alternative form of dispute resolution. In …

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Practice And Procedure Before The Growth Planning Hearings Boards, Wm. H. Nielsen, M. Peter Philley, Chris Smith Towne Jan 1993

Practice And Procedure Before The Growth Planning Hearings Boards, Wm. H. Nielsen, M. Peter Philley, Chris Smith Towne

Seattle University Law Review

In 1990, the Washington State Legislature took the first significant step toward growth management when it enacted the Washington Growth Management Act (GMA). The GMA directs cities and counties to protect natural features and to begin planning to accommodate anticipated population increases. The legislature examined the recommendation of the Growth Strategies Commission' to create an independent dispute resolution system to resolve conflicts under the GMA. The Commission recommended the use of a panel of independent arbitrators with mediation and binding arbitration. Appeals would be limited to the Washington State Court of Appeals only on constitutional and procedural issues. The legislature …

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On The Growth And Development Of Dispute Resolution, Patrick Fn'piere, Linda Work Jan 1993

On The Growth And Development Of Dispute Resolution, Patrick Fn'piere, Linda Work

Kentucky Law Journal

No abstract provided.

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Training Interveners For Adr Processes, Joseph B. Stulberg Jan 1993

Training Interveners For Adr Processes, Joseph B. Stulberg

Kentucky Law Journal

No abstract provided.

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Bargaining In The Dark: The Normative Incoherence Of Lawyer Dispute Bargaining Role, Robert J. Condlin Jan 1992

Bargaining In The Dark: The Normative Incoherence Of Lawyer Dispute Bargaining Role, Robert J. Condlin

Maryland Law Review

No abstract provided.

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Congress, The Executive Brand And The Dispute Resolution Process, Charles E. Grassley, Charles Pou Jr. Jan 1992

Congress, The Executive Brand And The Dispute Resolution Process, Charles E. Grassley, Charles Pou Jr.

Journal of Dispute Resolution

This rapid, recent expansion in administrative proceedings and related litigation is not, of course, a unique or isolated phenomenon. It is part of a greatly increased reliance on our judiciary to decide all manner of social, political, and economic issues. Much of this litigation may be an inexorable result of complicated social and economic interactions, heightened resort to regulatory schemes to deal with environmental, health and safety, civil rights and welfare concerns, and other historical factors. However, the point has been reached where much of it is unnecessary, unproductive, and less than ideally suited for many of the conflicts involved. …

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Comsumer Dispute Resolution In Missouri: Missouri's Need For A True Consumer Ombudsman Jan 1992

Comsumer Dispute Resolution In Missouri: Missouri's Need For A True Consumer Ombudsman

Journal of Dispute Resolution

The purpose of this Article is to explore the practicality of such a "modest proposal." In determining whether Missouri really needs a consumer ombudsman, the first order of business must be to comprehend how consumer protection developed in Missouri. Once established, this framework sheds lights upon how complaints are processed and what remedies are available to Missouri consumers. Only after we know the extent of the typical consumer's helplessness can we start to appreciate the need for an alternative dispute resolution device in Missouri. Finally, this article concludes by proposing a viable solution to Missouri's consumer crisis-the Consumer Ombudsman.

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Out With The Old, In With The New: The Mini-Trial Is The New Wave In Resolving International Disputes, Mark D. Calvert Jan 1991

Out With The Old, In With The New: The Mini-Trial Is The New Wave In Resolving International Disputes, Mark D. Calvert

Journal of Dispute Resolution

Historically, merchants used arbitration to settle commercial disputes among themselves.1 However, the early American courts viewed arbitration unfavorably, often refusing to acknowledge its validity. 2 During the 1970's, however, the courts' attitude toward arbitration shifted. The United States Supreme Court decision, The Breman v. Zapata Off-Shore Co.,3 ushered in an era of growing acceptance toward arbitration agreements. The change in the Court's attitude has allowed businesses to provide for arbitration agreements in their contracts without fearing that their desire to avoid litigation would be thwarted

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Book Review , Timothy J. Heinsz Jan 1991

Book Review , Timothy J. Heinsz

Journal of Dispute Resolution

As the use of arbitration as a dispute resolution mechanism continues to increase not only in the area of labor relations but also in other fields as well, the authority of arbitrators to issue remedies has likewise become a more important topic. The breadth of this power was established early on in labor-management arbitrations in the Steelworkers Trilogy.1 There the Supreme Court concluded that by entering into an arbitration agreement, a company and union could commission the arbitrator to bring an informed judgment to bear in reaching a fair resolution. The Court stated: "This is especially true when it comes …

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Court-Annexed Arbitration: Kentucky's Viable Alternative To Litigation, James C. Thornton Jan 1989

Court-Annexed Arbitration: Kentucky's Viable Alternative To Litigation, James C. Thornton

Kentucky Law Journal

No abstract provided.

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How Existing Procedures Shape Alternatives: The Case Of Grievance Mediation, Deborah M. Kolb Jan 1989

How Existing Procedures Shape Alternatives: The Case Of Grievance Mediation, Deborah M. Kolb

Journal of Dispute Resolution

Mediation is one of the oldest and most ubiquitous forms of conflict resolution in American society and throughout the world. Traditionally a prominent adjunct to labor and international negotiation, mediation is now used in divorce, family, civil, consumer, commercial and employee relations, environmental planning and siting, and the development of governmental procedures and regulations.' As mediation has penetrated into these new areas of social life, curiosity about the practice of mediation, that is, what mediators actually do to bring about settlement, has increased.

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Intersections Of Business And Legal Dispute Resolution: Decision Analytic Modeling Of Litigation Investment Decisions, George J. Siedel Jan 1988

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 …

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Early Alternative Dispute Resolution In A Federal Administrative Agency Context: Experimentation With The Offeror Process At The Consumer Product Safety Commission, Carl Tobias Mar 1987

Early Alternative Dispute Resolution In A Federal Administrative Agency Context: Experimentation With The Offeror Process At The Consumer Product Safety Commission, Carl Tobias

Washington and Lee Law Review

No abstract provided.

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"It Is Better To Enter A Tiger's Mouth Than A Court Of Law" Or Dispute Resolution Alternatives In U.S.-China Trade, Steven N. Robinson, George R.A. Doumar Jan 1987

"It Is Better To Enter A Tiger's Mouth Than A Court Of Law" Or Dispute Resolution Alternatives In U.S.-China Trade, Steven N. Robinson, George R.A. Doumar

Penn State International Law Review

This article examines the influence Chinese attitudes toward law have upon the various methods of dispute resolution in United States-China trade. It concludes that, although reasonably effective mechanisms for the resolution of disputes are available, the primary emphasis of counsel should be to prevent the dispute from occurring through promoting informed negotiation of the original contract.

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Whose Dispute Is This Anyway: The Propriety Of The Mini-Trial In Promoting Corporate Dispute Resolution, Lewis D. Barr Jan 1987

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.

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Deceptive Negotiating And High-Toned Morality, Walter W. Steele, Jr. Oct 1986

Deceptive Negotiating And High-Toned Morality, Walter W. Steele, Jr.

Vanderbilt Law Review

Rising concern about the adequacy of the adversary system to deal with disputes quickly, fairly, and economically has led to increased interest in a broad range of alternate dispute resolution mechanisms such as arbitration and the use of mini-trials. Presently, however, negotiation between disputants or negotiation between counsel for disputants is the best understood and most often utilized alternative to litigation. In fact, negotiating prior to litigating is so pervasive that it might be thought of as an inherent part of the litigation process. From a lawyer's perspective, an advantage of negotiation over other forms of dispute resolution is that …

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The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley Jan 1986

The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley

Touro Law Review

No abstract provided.

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Defamation And Alternative Dispute Resolution: Healing The Sting, Robert M. Ackerman Jan 1986

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 …

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Book Review , John S. Murray Jan 1986

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 …

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Kentucky Law Survey: Arbitration, Thomas J. Stipanowich Jan 1985

Kentucky Law Survey: Arbitration, Thomas J. Stipanowich

Kentucky Law Journal

No abstract provided.

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Mediator Expectations And Professional Training: Implications For Teaching Dispute Resolution, Raymond Albert Jan 1985

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?

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Will The Seventh Amendment Survive Adr?, Roger W. Kirst Jan 1985

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 …

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Dispute Resolution: The Fourth R, Albie Davis, Kit Porter Jan 1985

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 …

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Book Reviews , Robert Coulson Jan 1985

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 …

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Self-Help: Extrajudicial Rights, Privileges And Remedies In Contemporary American Society, Douglas I. Brandon, Melinda L. Cooper, Jeremy H. Greshin, Alvin L. Harris, James M. Head, Jr., Keith R. Jacques, Lea Wiggins May 1984

Self-Help: Extrajudicial Rights, Privileges And Remedies In Contemporary American Society, Douglas I. Brandon, Melinda L. Cooper, Jeremy H. Greshin, Alvin L. Harris, James M. Head, Jr., Keith R. Jacques, Lea Wiggins

Vanderbilt Law Review

This Special Project examines the myriad forms of self-help currently available to persons in American society. It groups and discusses notable self-help rights, privileges, and remedies under topical classifications that parallel traditional jurisprudential categories. Parts H through VI of the Special Project sketch the legally fashioned contours and explore the legal, social, and political consequences of self-help methods in tort law, criminal law and law enforcement, commercial transactions, landlord-tenant relations,and family law matters. Part VII explores the attorney's role in the development and implementation of curative self-help procedures such as mediation. Special Project concludes by examining the function, mechanisms, and …

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Dispute Resolution In Commodities Futures, Dorothy Matthews Freeburg Jan 1984

Dispute Resolution In Commodities Futures, Dorothy Matthews Freeburg

Fordham Urban Law Journal

The commodities futures industry is experiencing rapid growth and a consequential rise in disputes between industry professionals and customers. In response to the growing number of disputes, the industry offers customers several methods for resolution, including the recently added National Futures Association (NFA). The NFA fills a gap in previously available forums, as it offers a much needed uniform and nationwide system of arbitration with jurisdiction over multi-exchange disputes. This Note suggests that requiring the exchanges to refer disputes to NFA and to include NFA as the forum for arbitration in pre-dispute arbitration agreements would greatly enhance the effectiveness of …

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Alternative Means Of Dispute Resolution: Practices And Possibilities In The Federal Government, William French Smith Jan 1984

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.

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Appealability Of Interlocutory Orders Enjoining Or Refusing To Enjoin Commercial Arbitration, Timothy B. Dyk Jan 1981

Appealability Of Interlocutory Orders Enjoining Or Refusing To Enjoin Commercial Arbitration, Timothy B. Dyk

Kentucky Law Journal

No abstract provided.

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