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Dispute Resolution and Arbitration

1990

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Articles 1 - 30 of 88

Full-Text Articles in Law

Serving Multiple Masters: Confronting The Conflicting Interests That Arise In Superfund Disputes, Patrick E. Donovan Dec 1990

Serving Multiple Masters: Confronting The Conflicting Interests That Arise In Superfund Disputes, Patrick E. Donovan

Boston College Environmental Affairs Law Review

No abstract provided.


The Interplay Of Civil Service And Collective Bargaining Law In Public Sector Employee Discipline Cases, Ann C. Hodges Dec 1990

The Interplay Of Civil Service And Collective Bargaining Law In Public Sector Employee Discipline Cases, Ann C. Hodges

Law Faculty Publications

This article undertakes such a review with respect to one aspect of the potential conflict between merit systems and collective bargaining- employee discipline and the appeal of discipline decisions. Protection from arbitrary or unjust discipline is a primary motivation for employee unionization. As a result, achieving protection from unjust disciplinary action becomes a fundamental goal of unions in collective bargaining. Public sector unions in the United States are particularly interested in "discipline, grievance procedures and organizational due process"....

Section IV of this article reviews the approaches of the various states that have addressed the issue, analyzing them in light of ...


State Of Florida Division Of Administrative Hearings: Order Closing File, William F. Quattlebaum Oct 1990

State Of Florida Division Of Administrative Hearings: Order Closing File, William F. Quattlebaum

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Division Of Administrative Hearings: Petitioner's Withdrawal Of Request For Administrative Hearing, Timothy Keyser Oct 1990

State Of Florida Division Of Administrative Hearings: Petitioner's Withdrawal Of Request For Administrative Hearing, Timothy Keyser

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


Joint Press Release, October 8, 1990, Michael Woodward Oct 1990

Joint Press Release, October 8, 1990, Michael Woodward

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


Arbitration Of A Securities Dispute—An Overview For The Practitioner, Richard C. Downing, Patrick R. James Oct 1990

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.


The Role Of Alternative Dispute Resolution In Superfund Enforcement, Heidi Wilson Abbott Oct 1990

The Role Of Alternative Dispute Resolution In Superfund Enforcement, Heidi Wilson Abbott

William & Mary Environmental Law and Policy Review

No abstract provided.


Using Mediation In Cases Of Simple Rape Sep 1990

Using Mediation In Cases Of Simple Rape

Washington and Lee Law Review

No abstract provided.


State Of Florida Division Of Administrative Hearings: Petitioner's Motion To Compel Production Of Documents, Timothy Keyser, William F. Quattlebaum Aug 1990

State Of Florida Division Of Administrative Hearings: Petitioner's Motion To Compel Production Of Documents, Timothy Keyser, William F. Quattlebaum

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Division Of Administrative Hearings: Respondent, University Of North Florida First Interrogatories To Petitioner, T R. Hainline Jr., Marcia P. Parker, Timothy Keyser Aug 1990

State Of Florida Division Of Administrative Hearings: Respondent, University Of North Florida First Interrogatories To Petitioner, T R. Hainline Jr., Marcia P. Parker, Timothy Keyser

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


St. Johns River Water Management District: All Petitioners Answers To University Of North Florida's First For Admissions, Timothy Keyser Aug 1990

St. Johns River Water Management District: All Petitioners Answers To University Of North Florida's First For Admissions, Timothy Keyser

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


St. Johns River Water Management District: Petition For Administrative Hearing, Timothy Keyser Aug 1990

St. Johns River Water Management District: Petition For Administrative Hearing, Timothy Keyser

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Divison Of Administrative Hearings: Petitioners' Motions To Compel And In Limine And Memorandum Of Law, Timothy Keyser Jul 1990

State Of Florida Divison Of Administrative Hearings: Petitioners' Motions To Compel And In Limine And Memorandum Of Law, Timothy Keyser

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Diviosn Of Administrative Hearings: Notice Of Taking Deposition, T R. Hainline Jr Jul 1990

State Of Florida Diviosn Of Administrative Hearings: Notice Of Taking Deposition, T R. Hainline Jr

Historical Documents

Legal documents related to a dispute between the Sawmill Slough Conservation Club vs. the University of North Florida


State Of Florida Division Of Administrative Hearings: Respondent University Of North Florida's First Request For Admissions To Petitioner Michael W. Woodward July 2, 1990 And Amended Petition For Administrative Hearing August 31, 1990, Marcia P. Parker, T R. Hainline Jr, Timothy Keyser Jul 1990

State Of Florida Division Of Administrative Hearings: Respondent University Of North Florida's First Request For Admissions To Petitioner Michael W. Woodward July 2, 1990 And Amended Petition For Administrative Hearing August 31, 1990, Marcia P. Parker, T R. Hainline Jr, Timothy Keyser

Historical Documents

Legal Documents related to The Sawmill Sough conservation Club vs. the University of North Florida


Book Review , Rona L. Pietrzak Jul 1990

Book Review , Rona L. Pietrzak

Journal of Dispute Resolution

ANATOMY OF MEDIATION is a case study of a contract dispute between an opera company and a musicians' union. The facilitated negotiations, which take place over ten days, are presented in the form of an annotated transcript which is introduced by a summary of the four primary purposes of the mediator 5 and the twenty-five topics which are used to accomplish these central purposes. The case study is presented and then dissected in detail in order to describe what the authors call the "keys to success".6 Finally, mini-case studies are used to portray a complex business dispute, a sexual ...


Enforcing Forum-Selection Clauses: The Federal Court Dilemma And The Arbitration Clause Alternative, Lee R. Hardee Jul 1990

Enforcing Forum-Selection Clauses: The Federal Court Dilemma And The Arbitration Clause Alternative, Lee R. Hardee

Journal of Dispute Resolution

The inclusion of forum-selection' and arbitration clauses has become standard in commercial contracts throughout the United States.2 Parties choose to include these clauses for a variety of reasons: to provide a neutral or convenient forum, to reduce the risk of being sued in multiple forums where a party does business in many states,3 and in the case of arbitration clauses4 to avoid the high cost of litigation.'


Dispute Resolution: A Matrix Of Mechanisms, Nancy Neslund Jul 1990

Dispute Resolution: A Matrix Of Mechanisms, Nancy Neslund

Journal of Dispute Resolution

The purpose of this Article is to respond to the oft-repeated comment that, in spite of the massive attention various dispute resolution mechanisms have received in the last decade, theoretical research in the area has been woefully lacking.' This Article is not intended as a culmination of dispute resolution knowledge, but as a necessary first step, fabricating a structure of dispute resolution mechanisms on which later research, theoretical and empirical, can hang. The output of the Article is a suggested organization of the body of knowledge known as dispute resolution, or popularly-alternative dispute resolution or ADR, 2 into its three ...


Before The First Shot Is Fired: Hypothetical Use Of Alternative Dispute Resolution To Avoid A Re-Enactment Of The Hatfields And The Mccoys - Kirkham V. Wright, Christian C. Doherty, Christopher J. Moeller Jul 1990

Before The First Shot Is Fired: Hypothetical Use Of Alternative Dispute Resolution To Avoid A Re-Enactment Of The Hatfields And The Mccoys - Kirkham V. Wright, Christian C. Doherty, Christopher J. Moeller

Journal of Dispute Resolution

Kirkham v. Wright was chosen as the subject case because it represents the type of dispute that is extremely well suited to resolution through the ADR process. While some argument exists about the law in Kirkham,2 the bulk of the dispute revolves around the application of the law to the facts.' Furthermore, this case was eventually settled after remand,4 which leads to the conclusion that a settlement may have been possible earlier. Additionally, while the attorneys involved would not disclose the legal costs, it is a safe estimate that they ran into the tens of thousands of dollars.'


Consumer Problems And Adr: An Analysis Of The Federal Trade Commission-Ordered General Motors Mediation And Arbitration Program, Arthur Best Jul 1990

Consumer Problems And Adr: An Analysis Of The Federal Trade Commission-Ordered General Motors Mediation And Arbitration Program, Arthur Best

Journal of Dispute Resolution

This Article evaluates a controversial mediation and arbitration program established by General Motors (GM) for owners of certain cars. It began in 1984, under the terms of a Federal Trade Commission (FTC) consent order settling charges that GM had deceptively failed to inform buyers that particular models of cars contained components that had unusually low durability. When the settlement was proposed, debate centered on whether the public interest would be served best by: 1) creation of mediation and arbitration opportunities for individual owners; or 2) prosecution of a single action seeking uniform compensation for all owners. One commissioner feared that ...


Mini-Trial: Misunderstanding And Miscommunication May Short-Circuit Its Effective Use In Settlements - Lightwave Technologies, Inc. V. Corning Glass Works, The, Annie Billings Jul 1990

Mini-Trial: Misunderstanding And Miscommunication May Short-Circuit Its Effective Use In Settlements - Lightwave Technologies, Inc. V. Corning Glass Works, The, Annie Billings

Journal of Dispute Resolution

This Casenote will discuss the basic elements and appropriate uses of the mini-trial. It will also compare the mini-trial with other ADR processes and evaluate the advantages and disadvantages of using the mini-trial. Finally, this Casenote will analyze how the parties and their attorneys in the present case wrestled with an alleged agreement to settle their dispute through a mini-trial. Because one of the parties was never fully appraised of how the mini-trial would proceed, the process was aborted and settlement negotiations broke down.


Recent Developments: The Uniform Arbitration Act, Gregory K. Barnes, Cynthia R. Bradley-Bishop, Michele Carroll, Richard W. Fischer Jul 1990

Recent Developments: The Uniform Arbitration Act, Gregory K. Barnes, Cynthia R. Bradley-Bishop, Michele Carroll, Richard W. Fischer

Journal of Dispute Resolution

Arbitration as a forum for dispute resolution has been a part of the American common law heritage for at least the past one hundred fifty years. However, until recently, state law was almost uniformly biased against arbitration.2 The theory at common law was that either party to an agreement to arbitrate future disputes could void the agreement at any time.3 This legal environment rendered the institution of arbitration impotent in any situation in which one of the parties decided that their interests would be better served if the dispute was resolved in a more traditional court setting


Litigation Management Proposals: Storm Clouds For Voluntary Adr, Leo Dreyer Jul 1990

Litigation Management Proposals: Storm Clouds For Voluntary Adr, Leo Dreyer

Journal of Dispute Resolution

This Article will examine in detail some of the current reform proposals relating to case management of civil litigation and court-annexed alternative dispute resolution. These projects or proposals, discussed in more detail in ensuing sections, include the Final Report and Recommendations of the ABA Special Commission on Mass Torts,' the ALI Complex Litigation Project,' the Report of the Federal Courts Study Committee, 3 the Multiparty, Multiforum Jurisdiction Bill of 1989, 4 and the Civil Justice Reform Act of 1990 along with the underlying Report of the Civil Litigation Project.5


Mediator Accountability: Responding To Fairness Concerns, Judith L. Maute Jul 1990

Mediator Accountability: Responding To Fairness Concerns, Judith L. Maute

Journal of Dispute Resolution

Mediation and newer forms of dispute resolution provide much-needed options to the traditional litigation forum. The adversary process is too contentious, expensive and time-consuming for many disputes. Nevertheless, some thoughtful lawyers and legal scholars voice concern that mediation may cut short legal developments on important issues of public concern and reinforce existing power disparities between parties.' Traditional commitment to mediator neutrality may undermine protection of parties' legal rights.


Mediation And Medical Malpractice Disputes: Potential Obstacles In The Traditional Lawyer's Perspective, Andrew Mcmullen Jul 1990

Mediation And Medical Malpractice Disputes: Potential Obstacles In The Traditional Lawyer's Perspective, Andrew Mcmullen

Journal of Dispute Resolution

This Comment will examine the applicability of mediation in the resolution of medical disputes and the advantages its proponents assert can be achieved with its use. The focus, however, will be upon the lawyer's perspective towards this alternative method and the obstacles that may be present which would impede or prevent the success of mediation.


When Your Law Firm Wants A Divorce: Mediating The Dissolution Of Law Firms, Brian K. Asberry Jul 1990

When Your Law Firm Wants A Divorce: Mediating The Dissolution Of Law Firms, Brian K. Asberry

Journal of Dispute Resolution

Part II of this Comment will discuss in detail the two primary issues facing a law firm that is dealing with dissolution: property division and "custody" of the firm's clients upon dissolution. 15 Part III will review the Pennsylvania Bar Association Program and examine the successes enjoyed by the program. Part IV will look at the benefits of using mediation in firm dissolutions and analyze the advantages between alternative dispute resolution and litigation


Arbitration Awards In Uninsured And Underinsured Motorist Insurance Provisions: Which Public Policy To Apply - Mendes V. Automobile Insurance Co. Of Hartford, L. Dean Wilson Jul 1990

Arbitration Awards In Uninsured And Underinsured Motorist Insurance Provisions: Which Public Policy To Apply - Mendes V. Automobile Insurance Co. Of Hartford, L. Dean Wilson

Journal of Dispute Resolution

This Note examines how the Connecticut Supreme Court handled a case involving an automobile insurance policy that called for arbitration of disputes concerning uninsured and underinsured motorist coverage, but allowed either party to demand a trial de novo if unsatisfied With the arbitration award.


Enforcing International Arbitration Agreements - Marchetto V. Dekalb Genetics Corp., Karen L. Massey Jul 1990

Enforcing International Arbitration Agreements - Marchetto V. Dekalb Genetics Corp., Karen L. Massey

Journal of Dispute Resolution

The importance, magnitude and frequency of international business transactions have necessitated finding an acceptable method of resolving disputes arising from such transactions. Parties to international commercial transactions often come from nations with cultures and legal systems which are greatly diverse.2 Arbitration agreements in international commercial contracts are a preferred manner of resolving disputes.3 Arbitration is a method of providing orderliness and predictability in an area in which it is necessary, but often difficult to achieve.4 In order for the arbitration system to work, courts of law must be willing to relinquish their jurisdiction and allow the arbitration ...


Overextension Of Arbitral Authority: Punitive Damages And Issues Of Arbitrability—Raytheon Co. V. Automated Business Systems, Inc., 882 F.2d 6 (1st Cir. 1989), Douglas R. Davis Jul 1990

Overextension Of Arbitral Authority: Punitive Damages And Issues Of Arbitrability—Raytheon Co. V. Automated Business Systems, Inc., 882 F.2d 6 (1st Cir. 1989), Douglas R. Davis

Washington Law Review

Recently, commercial arbitrators' authority to award a full spectrum of remedies has greatly increased. In Raytheon Co. v. Automated Business Systems, Inc., the United States Court of Appeals for the First Circuit affirmed an arbitral award of punitive damages. The court upheld the award despite the arbitrators' failure to address a prehearing objection to the arbitrability of such sanctions. This Note concludes that courts should require arbitrators to resolve pre-hearing challenges to their authority and recommends that arbitrators interpret broadly-drafted arbitration clauses to encompass only traditional contract remedies.


Arbitration Of Securities Disputes: Rodriguez And New Arbitration Rules Leave Investors Holding A Mixed Bag, William C. Hermann Jul 1990

Arbitration Of Securities Disputes: Rodriguez And New Arbitration Rules Leave Investors Holding A Mixed Bag, William C. Hermann

Indiana Law Journal

No abstract provided.