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Articles 1 - 18 of 18
Full-Text Articles in Law
Recent Developments: The Uniform Arbitration Act, Patrick Fanning, Diana; Farr, Matthew S. Mcbride, Jared Wayne
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.
G.L. V. Stangler: A Case Study In Court-Ordered Child Welfare Reform, Ellen Borgersen, Stephen Shapiro
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. …
Continuing The Downward Spiral For Unions - Carpenters V. Zcon Builders, Jeffery W. Fields
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.
Alternative Dispute Resolution In The Federal Tax Arena: The Internal Revenue Service Opens Its Doors To Mediation, Tonya M. Scherer
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 …
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
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.
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.
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
Arbitrator Or Private Investigator: Should The Arbitrator's Duty To Disclose Include A Duty To Investigate - Abudullah E. Al-Harbi V. Citibank, N.A. And Citibank, A.S., R. Travis Jacobs
Journal of Dispute Resolution
Arbitration and other forms of dispute resolution are replacing courtroom litigation as a means of resolving problems because they are less time consuming, less expensive and promote a friendlier atmosphere. In the case of arbitration, if people are to continue to use arbitration and give arbitrator's decisions credibility, there must be faith that the arbitrator is fair. There must also be a channel to challenge the arbitrator's decision if it was not reached in a fair manner.' This channel is provided statutorily by the Federal Arbitration Act (FAA) which allows a decision to be reversed if the arbitrator displayed partiality …
Messenger As The Medium Of Communication: The Use Of Interpreters In Mediation, The, Ileana Dominguez-Urban
Messenger As The Medium Of Communication: The Use Of Interpreters In Mediation, The, Ileana Dominguez-Urban
Journal of Dispute Resolution
Merely adding one more person to the mediation process adds greater complexity to the dynamics of the mediation than most lawyers and mediators would anticipate. As Part I of this article indicates, mediators must understand the complexities of interpreted mediation because the need for interpreted mediation is increasing due to national demographics, legal requirements, and international market forces. Part II examines the skills needed for interpretation and the probable structure of an interpreted mediation. Part III considers who might possess those interpretation skills as well as the additional skills required of one who will serve as an auxiliary to the …
Freeing The Parties From The Law: Designing An Interest And Rights Focused Model Of Landlord/Tenant Mediation, Joel Kurtzberg, Jamie Henikoff
Freeing The Parties From The Law: Designing An Interest And Rights Focused Model Of Landlord/Tenant Mediation, Joel Kurtzberg, Jamie Henikoff
Journal of Dispute Resolution
In this article, we point out two fundamental flaws of the critique. First, the critique compares mediation to an idealized view of adjudication instead of comparing mediation to its real-life alternatives. Second, it takes a narrow view of the role of law in mediation, erroneously assuming that mediators must either ignore the law or impose it on the parties. Part I of this article spells out the critics' claim that mediation generally harms the poor and disempowered by failing to adequately incorporate formal legal protections into the process. Part II examines the critique as it is applied to the landlord-tenant …
Inferred Explicit Standard - Waiver Of Sovereign Immunity Via An Arbitration Clause - Sokaogon Gaming Enter. Corp. Et Al V. Tushie-Montgomery Assoc., Inc., The, Michael Stoffregen
Inferred Explicit Standard - Waiver Of Sovereign Immunity Via An Arbitration Clause - Sokaogon Gaming Enter. Corp. Et Al V. Tushie-Montgomery Assoc., Inc., The, Michael Stoffregen
Journal of Dispute Resolution
The judicially created doctrine of tribal sovereign immunity was recognized as part of the unique relationship between the United States and these domestic dependent sovereigns. 2 As tribes and tribal organizations enter into more commercial transactions in an effort to promote their self-determination and economic development, they have used sovereign immunity as a "trap for the unsuspecting", leaving the business they enter into an agreement with, without a judicially enforceable remedy for breach of contract.' To remedy this inequity, courts have chipped away at the doctrine of tribal sovereign immunity, finding waivers in commercial contexts where none existed before. In …
Physician-Patient Arbitration Agreements: Procedural Safeguards May Not Be Enough - Buraczynski V. Eyring, Jennifer Gillespie
Physician-Patient Arbitration Agreements: Procedural Safeguards May Not Be Enough - Buraczynski V. Eyring, Jennifer Gillespie
Journal of Dispute Resolution
Insurance companies and physicians increasingly are requiring medical malpractice claims to be settled by arbitration.2 As a result, many patients are being presented with a new choice when they enter their doctor's office: Sign an arbitration agreement or forgo treatment with their physician. In Buraczynski v. Eyring, the physician required the patients to sign an arbitration agreement prior to performing medical services for them? The agreement contained provisions designed to ensure that the patient made an informed decision before consenting to the agreement.4 But what if there were no other doctors available if the patient chose not to sign?
Appeals Of Orders Compelling Arbitration In Embedded Proceedings Must Wait - Altman Nursing, Inc. V. Clay Capital Corp., Carla Kemp
Journal of Dispute Resolution
The enactment of § 16 of the Federal Arbitration Act (FAA) afforded courts with specific guidelines to follow in determining whether an order dealing with the arbitrability of a dispute is appealable. One issue, however, was not settled by the language of this statute. Altman Nursing, Inc. v. Clay Capital Corp. addresses this unresolved issue of whether an order compelling arbitration in the context of an embedded claim can be classified as final and immediately appealable
Contracting For Judicial Review Of Arbitration Awards: Can An Errors Of Law Clause Provide Two Bites Of The Apple - Gateway Technologies, Inc. V. Mci Telecommunications Corp., Brian T. Mccartney
Contracting For Judicial Review Of Arbitration Awards: Can An Errors Of Law Clause Provide Two Bites Of The Apple - Gateway Technologies, Inc. V. Mci Telecommunications Corp., Brian T. Mccartney
Journal of Dispute Resolution
This Note will proceed in five sections. Section II will set forth the factual framework of the Gateway case and the holding of the Fifth Circuit. Section III will briefly examine the legal background behind the standard of review for arbitration awards. Section IV will explore the analysis and decision of the Fifth Circuit in Gateway. Finally, section V will comment on the Gateway court's holding and discuss its policy implications. This Note will conclude that arbitration agreements which purport to provide judicial review for "errors of law" violate separation of powers and the public policy which underlies arbitration. Consequently, …
Public Policy Exception: A Narrow Exception To Judicial Review Or An Independent Means Of Avoiding Arbitration Agreements - Exxon Corp. V. Baton Rouge Oil And Chemical Workers Union, The, Elizabeth Tenorio
Journal of Dispute Resolution
The Federal Arbitration Act advances a strong desire to encourage parties in labor management disputes to utilize arbitration in lieu of litigation.' For this reason, judicial review of an arbitrator's award is construed narrowly by three specific provisions? In recent years, a public policy exception to this strict standard of review has developed,4 and its use has exploded. This Note discusses the impact of this public policy exception on both arbitration and judicial forums. In addition, this Note highlights the potential for abuse when the exception is not limited and applied with care.