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Articles 1 - 30 of 43
Full-Text Articles in Law
Arbitration Of A Securities Dispute—An Overview For The Practitioner, Richard C. Downing, Patrick R. James
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
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
Using Mediation In Cases Of Simple Rape
Washington and Lee Law Review
No abstract provided.
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
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.'
Arbitration Of Securities Disputes: Rodriguez And New Arbitration Rules Leave Investors Holding A Mixed Bag, William C. Hermann
Arbitration Of Securities Disputes: Rodriguez And New Arbitration Rules Leave Investors Holding A Mixed Bag, William C. Hermann
Indiana Law Journal
No abstract provided.
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
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.
Dispute Resolution: A Matrix Of Mechanisms, Nancy Neslund
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 …
Litigation Management Proposals: Storm Clouds For Voluntary Adr, Leo Dreyer
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
Mediation And Medical Malpractice Disputes: Potential Obstacles In The Traditional Lawyer's Perspective, Andrew Mcmullen
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
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
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 …
Mediator Accountability: Responding To Fairness Concerns, Judith L. Maute
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.
Enforcing Forum-Selection Clauses: The Federal Court Dilemma And The Arbitration Clause Alternative, Lee R. Hardee
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.'
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.
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
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 system to resolve …
Book Review , Rona L. Pietrzak
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 harassment …
Recent Developments: The Uniform Arbitration Act, Gregory K. Barnes, Cynthia R. Bradley-Bishop, Michele Carroll, Richard W. Fischer
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
Mediation: The Florida Legislature Grants Judicial Immunity To Court-Appointed Mediators, J. Sue Richardson
Mediation: The Florida Legislature Grants Judicial Immunity To Court-Appointed Mediators, J. Sue Richardson
Florida State University Law Review
No abstract provided.
Rodriguez De Quijas V. Shearson/American Express, Inc.: Is Securities Arbitration Finally Above Suspicion?, Leslie William Moore
Rodriguez De Quijas V. Shearson/American Express, Inc.: Is Securities Arbitration Finally Above Suspicion?, Leslie William Moore
Kentucky Law Journal
No abstract provided.
Securities Arbitration Appeal: An Oxymoron No Longer?, C. Evan Stewart
Securities Arbitration Appeal: An Oxymoron No Longer?, C. Evan Stewart
Kentucky Law Journal
No abstract provided.
Litigate And Arbitrate: A Hybrid Method Of Alternative Dispute Resolution, 10 Computer L.J. 517 (1990), Dennis S. Deutsch
Litigate And Arbitrate: A Hybrid Method Of Alternative Dispute Resolution, 10 Computer L.J. 517 (1990), Dennis S. Deutsch
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.
Contemporary Efforts To Guarantee Indigenous Rights Under International Law, Andre Lawrey
Contemporary Efforts To Guarantee Indigenous Rights Under International Law, Andre Lawrey
Vanderbilt Journal of Transnational Law
This Article examines recent attempts to improve international standards governing the rights of indigenous peoples. In this context, Ms. Lawrey analyzes the Australian Government's 1988 commitment to negotiate a treaty with Australia's Aboriginal and Torres Strait Islander peoples.
Ms. Lawrey discusses the strained relationship between international law and indigenous peoples. At present, indigenous groups are not guaranteed special rights under international law. Furthermore, traditional individual rights are inadequate to effectively protect indigenous land rights and the right to self-determination. Ms. Lawrey identifies developments in indigenous rights since World War II, including International Labor Organization Convention Number 107 (Convention 107) and …
Steering Away From The Arbitration Process: Recognizing State Law Tort Actions For Unionized Employees, David C. Gardiner Jr.
Steering Away From The Arbitration Process: Recognizing State Law Tort Actions For Unionized Employees, David C. Gardiner Jr.
University of Richmond Law Review
When an employer and a labor union negotiate over an employment contract, their agreements are usually set forth in a collective bargaining agreement. The collective bargaining agreement defines the relationship between the employer and the unionized employees and addresses such matters as wages, hours, and other conditions of employment. Additionally, collective bargaining agreements usually include grievance procedures and arbitration clauses to resolve disputes between the employer and the unionized employees.
Catch-22 Of Mandatory Summary Jury Trials, The, Daniel K. O'Toole
Catch-22 Of Mandatory Summary Jury Trials, The, Daniel K. O'Toole
Journal of Dispute Resolution
Since its inception nearly ten years ago, the summary jury trial has received almost unanimous acclaim as an extremely effective means of inducing settlement and avoiding protracted litigation.' The settlement technique continued to be used with virtually no opposition2 until some courts began using the summary jury trial as a mandatory settlement mechanism. 3 Within the federal court system, a split of authority has developed as to the permissibility of a trial judge imposing a summary jury trial settlement procedure on litigants.4 Strandell v. Jackson County, Ill.5 and McKay v. Ashland Oil, Inc.6 are two of the more recent cases …
Just Saying No: Avoiding Predispute Agreements To Arbitrate In Securities Cases, Jim Parks
Just Saying No: Avoiding Predispute Agreements To Arbitrate In Securities Cases, Jim Parks
Journal of Dispute Resolution
This Comment will explore the current state of securities arbitration and will examine the advisability of arbitration in a securities context. In addition, this Comment will consider avenues of relief open to the securities plaintiff who is seeking to avoid arbitration.
Consumers Swallow Another Lemon: Agency Consent Order Preemption Of State Lemon Law Standards For Informal Dispute Resolution - General Motors V. Abrams, Gregory L. Barnes
Consumers Swallow Another Lemon: Agency Consent Order Preemption Of State Lemon Law Standards For Informal Dispute Resolution - General Motors V. Abrams, Gregory L. Barnes
Journal of Dispute Resolution
This Note will first examine the background of GM v. Abrams, which involves a successful attempt by General Motors (GM) to use a Federal Trade Commission (FTC) consent order to block the application of New York's "Lemon Law" 6 to the arbitration program contained in the order.7 Second, it will discuss the legal context of the dispute (chiefly the extension of the federal preemption doctrine to "implicitly preemptive" agency consent orders). Third, it will outline the court's application of that doctrine in the instant case. Finally, it will offer a critical evaluation of both the legal and policy grounds of …
Public's Need To Know Vs. Effective Settlement Techniques: The First Amendment Confronts The Summary Jury Trial - Cincinnati Gas And Electric Co. V. General Electric Co., The, Anne E. Billings
Journal of Dispute Resolution
With the proliferation of alternative dispute resolution, the summary jury trial (SJT) has become popular in many federal courts as an alternative to litigation. 2 Because of the SJT's trial-like nature, members of the press argue that the first amendment 3 gives the press the right to report on SJT proceedings. In Cincinnati Gas and Electric Co. v. General Electric Co.,4 the Sixth Circuit Court of Appeals addressed the issue of whether the first amendment right of access attaches to a SJT proceeding.