Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Dispute Resolution and Arbitration

1997

Institution
Keyword
Publication
Publication Type
File Type

Articles 1 - 30 of 75

Full-Text Articles in Law

La Responsabilidad Civil Del Gestor De Bases De Datos En La Informática Jurídica, Gastón Fernández Cruz Nov 1997

La Responsabilidad Civil Del Gestor De Bases De Datos En La Informática Jurídica, Gastón Fernández Cruz

Gastón Fernández Cruz

No abstract provided.


Does Adr Really Have A Place On The Lawyer's Philosophical Map?, Barbara Mcadoo, Nancy A. Welsh Oct 1997

Does Adr Really Have A Place On The Lawyer's Philosophical Map?, Barbara Mcadoo, Nancy A. Welsh

Faculty Scholarship

For nearly two decades, proponents of alternative dispute resolution (ADR) have touted the advantages of institutionalizing ADR within the courts. The anticipated benefits have included: quicker settlements, better settlements, resolution which is less expensive for the courts and litigants, and greater litigant satisfaction with both the procedure and the outcome. Many state and federal courts have listened. Indeed, in nearly every state, at least one local state and/or federal court has incorporated ADR in some manner. In Minnesota, with the promulgation of Rule 114 of the Minnesota General Rules of Practice, the Minnesota Supreme Court has chosen to institutionalize ...


Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch Oct 1997

Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole Sep 1997

A Funny Thing Happened On The Way To The (Alternative) Forum: Reexamjnjng Alexander V. Gardner-Denver In The Wake Of Gilmer V. Interstate/Johnson Lane Corp., Sarah Rudoph Cole

BYU Law Review

No abstract provided.


Adr In Youth And Intercollegiate Athletics, Gil Fried Sep 1997

Adr In Youth And Intercollegiate Athletics, Gil Fried

BYU Law Review

No abstract provided.


Wait A Minute. This Is Where I Came In. A Trial Lawyer's Search For Alternative Dispute Resolution, Steven H. Goldberg Sep 1997

Wait A Minute. This Is Where I Came In. A Trial Lawyer's Search For Alternative Dispute Resolution, Steven H. Goldberg

BYU Law Review

No abstract provided.


Mediator Qualifications: The Trend Toward Professionalization, Bobby Marzine Harges Sep 1997

Mediator Qualifications: The Trend Toward Professionalization, Bobby Marzine Harges

BYU Law Review

No abstract provided.


Hear No Evil, See No Evil, Speak No Evil: The Intolerable Conflict For Attorney-Mediators Between The Duty To Maintain Mediation Confidentiality And The Duty To Report Fellow Attorney Misconduct, Pamela A. Kentra Sep 1997

Hear No Evil, See No Evil, Speak No Evil: The Intolerable Conflict For Attorney-Mediators Between The Duty To Maintain Mediation Confidentiality And The Duty To Report Fellow Attorney Misconduct, Pamela A. Kentra

BYU Law Review

No abstract provided.


Thinking Of Mediation As A Complex Adaptive System, J. B. Ruhl Sep 1997

Thinking Of Mediation As A Complex Adaptive System, J. B. Ruhl

BYU Law Review

No abstract provided.


Grappling The Monster Case: The Next Frontier In Adr, Nancy A. Welsh, Ann Montgomery Sep 1997

Grappling The Monster Case: The Next Frontier In Adr, Nancy A. Welsh, Ann Montgomery

Faculty Scholarship

Not so long ago, "ADR" was just one more term in a legal jargon already filled with too many acronyms. While we concede that "ADR" might not rival "CPR" as a vital necessity, its use is extremely important to the practice of law today. Since the promulgation of Rule 114 of the Minnesota General Rules of Practice, nearly 80 percent of Minnesota attorneys report that they are using ADR to help resolve their civil cases filed in state trial courts.' Their reasons? ADR processes can cut litigation costs, reduce clients' expenses, save attorneys' and clients' time, and generate earlier settlements ...


How Will Lawyering And Mediation Practices Transform Each Other?, John M. Lande Jul 1997

How Will Lawyering And Mediation Practices Transform Each Other?, John M. Lande

Faculty Publications

This article sketches out some aspects of both lawyering and mediation practice that may be affected by development of a litimediation culture. Part II examines the growth of the private market for mediation and an accompanying specialization of mediation practice. These changes seem likely to require mediators to develop market niches with identifiable characteristics of their mediation practices. Simultaneously, lawyers, as regular buyers of mediation services, will be expected to recognize and make decisions based on significant distinctions between mediation providers.


Perspective On The Rand Report: The Dialogue Continues, Richard C. Reuben Jul 1997

Perspective On The Rand Report: The Dialogue Continues, Richard C. Reuben

Faculty Publications

This issue of Dispute Resolution Magazine focuses on the RAND Report, offering a wide variety of perspectives on the study and its significance. It begins with RAND's own summary of its methodology, findings, and preliminary conclusions.


Arbitration Agreements: Standard Of Review, Interpretation And Who Is Bound - Kenamerican Resources, Inc. V. International Union, United Mine Workers Of America, Shea Welch Jul 1997

Arbitration Agreements: Standard Of Review, Interpretation And Who Is Bound - Kenamerican Resources, Inc. V. International Union, United Mine Workers Of America, Shea Welch

Journal of Dispute Resolution

In KenAmerican Resources, Inc. v. International Union, United Mine Workers of America, the United States Court of Appeals for the District of Columbia Circuit found that a corporation which did not sign an arbitration agreement entered into by an individual who owned both that company, KenAmerican Resources, Inc., and the company that was clearly bound to the arbitration agreement, Ohio Valley Resources, Inc., was not bound by the arbitration agreement. 2 This was because the agent who signed the agreement, Robert Murray, was not acting on KenAmerican's behalf.3


Rethinking Appeal Of Arbitrability Decisions: When To Review That Which Long Process Could Not Arbitrate - F.C. Schaffer & (And) Associates, Inc. V. Demech Contractors, Ltd., Brian T. Mccartney Jul 1997

Rethinking Appeal Of Arbitrability Decisions: When To Review That Which Long Process Could Not Arbitrate - F.C. Schaffer & (And) Associates, Inc. V. Demech Contractors, Ltd., Brian T. Mccartney

Journal of Dispute Resolution

This Note will proceed in five sections. Section II will set forth the factual framework of the Schaffer case and the holding of the Fifth Circuit Section III will briefly examine the legal background behind the appeal of arbitrability rulings.9 Section IV will explore the analysis and decision of the Fifth Circuit in Schaffer.0 Finally, Section V will comment on the Schaffer court's holding and discuss its policy implications. This Note will conclude that 9 U.S.C. section 16 must be carefully examined and refined in order to meet the policy goals of arbitration.


G.L. V. Stangler: A Case Study In Court-Ordered Child Welfare Reform, Ellen Borgersen, Stephen Shapiro Jul 1997

G.L. V. Stangler: A Case Study In Court-Ordered Child Welfare Reform, Ellen Borgersen, Stephen Shapiro

Journal of Dispute Resolution

This paper is the product of an unusual collaboration, in terms of both people and process. Data for this study was gathered through interviews conducted during the Fall of 1994 and Spring of 1995.' It was conceived by the Center for the Study of Social Policy ("CSSP"), whose expertise in human services management and financing has often been called upon in class action lawsuits against child welfare agencies across the country. CSSP has served as a plaintiffs expert, court-appointed neutral expert, court-appointed monitor, and neutral settlement facilitator in seven cases, and its experiences differed considerably in each case and role ...


Alternative Dispute Resolution In The Federal Tax Arena: The Internal Revenue Service Opens Its Doors To Mediation, Tonya M. Scherer Jul 1997

Alternative Dispute Resolution In The Federal Tax Arena: The Internal Revenue Service Opens Its Doors To Mediation, Tonya M. Scherer

Journal of Dispute Resolution

This Comment examines the development of the new tax mediation program, its procedures and application, and its current status. Part II reviews the Appeals process leading up to and including the choice of an avenue to resolution of taxpayer disputes other than litigation. Part III explores the new mediation program including the scope of the cases allowed, the requirements for initiating the process and the procedures for implementing the program. Part IV discusses the policy reasons behind the IRS' implementation of the specific procedures and criteria into the new tax mediation program. Finally, Part V is an update of the ...


Modifying The Standard Of Judicial Review Of Labor Arbitration Awards: A Comparison To Administrative Review Hearings - Osram Sylvania, Inc. V. Teamsters Local Union No. 528, Elizabeth Tenorio Jul 1997

Modifying The Standard Of Judicial Review Of Labor Arbitration Awards: A Comparison To Administrative Review Hearings - Osram Sylvania, Inc. V. Teamsters Local Union No. 528, Elizabeth Tenorio

Journal of Dispute Resolution

Since their inception during the post-war years, collective bargaining agreements have been the primary method used by unions to get employers to deal with issues of importance to their labor force. However, the past few decades have seen a rapid decline in union membership as well as union effectiveness. 3 This casenote will look at whether or not the instant decision, Zcon, will be a contributing factor in the continuing downward spiral for unions.


Continuing The Downward Spiral For Unions - Carpenters V. Zcon Builders, Jeffery W. Fields Jul 1997

Continuing The Downward Spiral For Unions - Carpenters V. Zcon Builders, Jeffery W. Fields

Journal of Dispute Resolution

Since their inception during the post-war years, collective bargaining agreements have been the primary method used by unions to get employers to deal with issues of importance to their labor force. However, the past few decades have seen a rapid decline in union membership as well as union effectiveness. 3 This casenote will look at whether or not the instant decision, Zcon, will be a contributing factor in the continuing downward spiral for unions.


Recent Developments: The Uniform Arbitration Act, Patrick Fanning, Diana; Farr, Matthew S. Mcbride, Jared Wayne Jul 1997

Recent Developments: The Uniform Arbitration Act, Patrick Fanning, Diana; Farr, Matthew S. Mcbride, Jared Wayne

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 analyzing the various underlying policies and rationales of recent court decisions interpreting the U.A.A.


Assessing Consensus: The Promise And Performance Of Negotiated Rulemaking, Cary Coglianese Apr 1997

Assessing Consensus: The Promise And Performance Of Negotiated Rulemaking, Cary Coglianese

Faculty Scholarship at Penn Law

Over its thirteen year history, the negotiated rulemaking process has yielded only thirty-five final administrative rules. By comparison, the federal government publishes over 3,000 final rules each year through the ordinary notice-and- comment process. Why have federal agencies relied so little on negotiated rulemaking? I examine this question by assessing the impact of negotiating rulemaking on its two major purposes: (1) reducing rulemaking time; and (2) decreasing the amount of litigation over agency rules. My analysis suggests that the asserted problems used to justify negotiated rulemaking have been overstated and that the limitations of negotiated rulemaking have been understated ...


Grieve It Again: Of Stare Decisis, Res Judicata And Collateral Estoppel In Labor Arbitration, Timothy J. Heinsz Mar 1997

Grieve It Again: Of Stare Decisis, Res Judicata And Collateral Estoppel In Labor Arbitration, Timothy J. Heinsz

Boston College Law Review

No abstract provided.


At Loggerheads : The State Of Maine And The Wabanaki : Final Report Of The Task Force On Tribal-State Relations, Maine Indian Tribal-State Commission Jan 1997

At Loggerheads : The State Of Maine And The Wabanaki : Final Report Of The Task Force On Tribal-State Relations, Maine Indian Tribal-State Commission

Maine Collection

At Loggerheads : The State of Maine and the Wabanaki : Final Report of the Task Force on Tribal-State Relations.

Maine Indian Tribal-State Commission. Task Force on Tribal-State Relations.

Hallowell, Me., 1997.

Contents: Prologue / Task Force on Tribal-State Relations / Executive Summary / A.Overview / B.Recommendations / C.The Maine Indian Claims Settlement / D.The Maine Indian Tribal-State Commission / E.Findings and Analysis / Appendices




Public Justice: Toward A State Action Theory Of Alterative Dispute Resolution, Richard C. Reuben Jan 1997

Public Justice: Toward A State Action Theory Of Alterative Dispute Resolution, Richard C. Reuben

Faculty Publications

Various forms of alternative dispute resolution (ADR) are increasingly taking the place of litigation to resolve disagreements among parties. ADR is frequently imposed by court rule or legislative command for certain types of cases, or compelled by courts when private parties contract to use ADR. To date, ADR doctrine has focused on the structural issues attendant to bringing these processes into the mainstream of American dispute resolution. This Article contends that courts must now address the question of whether ADR-both court-related and contractual-can constitute state action, and therefore be subject to constitutional restraints. The author surveys the history and modern ...


The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht Jan 1997

The Dispute Settlement Systems Of Wto And Nafta - Analysis And Comparison, Patrick Specht

LLM Theses and Essays

The aim of this thesis is to determine whether the dispute settlement institutions of the WTO and the NAFTA meet the standard, to compare the two systems, and to evaluate them. An issue that should be dealt with first is the question of comparability. Is it possible to compare the WTO and the NAFTA regarding their conflict resolution procedures? Or are they too different because one agreement works on the global level and the other on a regional one? Their institutions and their scope may differ, but they are still conducive to comparison because the underlying structure of these two ...


Psychology, Economics, And Settlement: A New Look At The Role Of The Lawyer, Chris Guthrie, Russell Korobkin Jan 1997

Psychology, Economics, And Settlement: A New Look At The Role Of The Lawyer, Chris Guthrie, Russell Korobkin

Vanderbilt Law School Faculty Publications

Law and economics models of litigation settlement, based on the behavioral assumptions of rational choice theory, ignore the many psychological reasons that settlement negotiations can fail, yet they accurately predict that vast majority of lawsuits will settle short of formal adjudication. What explains this? We present experimental data that suggests lawyers might evaluate the settlement vs. adjudication decision from a perspective more closely akin to "rational choice theory" than will non-lawyers and, consequently, increase the observed level of settlement. We then evaluate whether the hypothesized difference between lawyers and non-lawyers is likely to lead to more efficient dispute resolution, concluding ...


Book Review, S. James Anaya Jan 1997

Book Review, S. James Anaya

Articles

No abstract provided.


An Island In The Net: Domain Naming And English Administrative Law, 15 J. Marshall J. Computer & Info. L. 493 (1997), Mark Gould Jan 1997

An Island In The Net: Domain Naming And English Administrative Law, 15 J. Marshall J. Computer & Info. L. 493 (1997), Mark Gould

The John Marshall Journal of Information Technology & Privacy Law

The United Kingdom's system for assigning domain names is privately run and follows some Internet standard for assignments and revocations. However, there are some internal restrictions that reflect the policy of accommodating existing domains and avoiding DNS lock up, which might occur with badly configured domain name servers. Nominet does not easily fit into definitions of a private function since it does have some public characteristics. In addition, no British counterpart to the Internet Service OC exists. The policies followed by Nominet in allocating domain names reflects conventions established prior to its existence. These policies do not appear to ...


M.S. In Dispute Resolution Student Handbook, Nova Southeastern University Jan 1997

M.S. In Dispute Resolution Student Handbook, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.


Ph.D. In Dispute Resolution Student Handbook, Nova Southeastern University Jan 1997

Ph.D. In Dispute Resolution Student Handbook, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.


Faa And Arbitration Clauses - How Far Can It Reach? The Effect Of Allied-Bruce Terminix, Inc. V. Dobson, Edmond Seferi Jan 1997

Faa And Arbitration Clauses - How Far Can It Reach? The Effect Of Allied-Bruce Terminix, Inc. V. Dobson, Edmond Seferi

Campbell Law Review

This note discusses Allied-Bruce Terminix, Inc. v. Dobson, which solidified the Supreme Court's rationale in favor of arbitration. The Court specifically held that the FAA governs all arbitration provisions in contracts "affecting commerce and that the phrase "affecting commerce signals a Congressional intent to exercise its Commerce Clause powers in full. This note will first provide a short background of the interpretation of the FAA in connection with the enforceability of the arbitration clauses, and then discuss Allied-Bruce and its potential effect on the future of arbitration clauses.