Law Commons^™

The Revolution You Won’T See On Tv, Jeff Rasley

Scholarship and Professional Work - LAS

Article for Newsweek about the author’s experiences in mediation and jury trials as a civil litigator.

Re Iwk Health Centre And Nsnu (Kelsey), Innis Christie

Innis Christie Collection

The Grievor was accused of inappropriate and unprofessional conduct by a Patient who was mentally ill. After the Employer's review the Grievor was discharged. The Grievor claims he is innocent and was terminated for unjust reasons. The Union requested that he be reinstated in the position he held and be compensated for all lost wages and benefits.

Getting A Head Start: More Intake Questions And Tips For Mediators, Marjorie Corman Aaron

Faculty Articles and Other Publications

A party's initial inquiry to a mediator about potentially participating in a case provides many opportunities for the neutral to initiate the steps necessary for a successful resolution. This article focuses on a list of intake questions for the mediator to direct to the parties.

Lurking In The Shadow: The Unseen Hand Of Doctrine In Dispute Resolution, Ray Madoff

Ray D. Madoff

Mediation - with its promise of less contentious, less expensive and more satisfying resolution of disputes - has been widely recommended for disputes in all areas of the law. Yet its successes have been far from uniform. While it has flourished in some areas - most notably divorce and child custody - it has met with much greater resistance in others. This is particularly puzzling for areas of the law such as will disputes, for which mediation would seem to provide so many benefits.

In this essay I argue that the answer to this conundrum can be found in doctrine …

Re Halifax Regional School Board And Nsupe, Loc 2 (2-39-2001), Innis Christie

Innis Christie Collection

Union grievance filed October 11, 2001, alleging breach of Articles 6.01(b) and 10.03 of the Collective Agreement between the Employer and the Union in effect from January 1, 2001 to July 31, 2004, which the parties agreed is the relevant Collective Agreement for purposes of this matter, in that the Employer had violated Articles 6.01(b) and 10.03 and "has posted a number of jobs that do not specify the days of the week on which the work is to be carried out". At the hearing the Union sought a declaration of what it alleged was the proper interpretation of Article …

Re Caw-Canada, Local 2216 And Aca Co-Operative Ltd, Innis Christie

Innis Christie Collection

The Union claimed that the Grievor was unjustly suspended for four days, then unjustly discharged.

This is a consent award. The parties agree that the Grievor is to be reinstated, subject to certain conditions, and granted retroactive pay. The Arbitrator retains jurisdiction to deal with any grievances in respect of discipline against the Grievor for a period of one year from the date of the award.

At First Glance: Maximizing The Mediator‘S Initial Contact, Marjorie Corman Aaron

Faculty Articles and Other Publications

First moves matter. A mediator’s strategic choices during the initial contact can encourage the next steps that will produce a successful mediation, or render mediation less likely or less productive.

Book Review: Bennett Explains Arbitration Fundamentals, Without The Legalese, Amy J. Schmitz

Faculty Publications

At the outset of the book, Steven Bennett expresses "fervent hope that this book will be of use to lawyers, law students and business people interested in learning the fundamentals of arbitration law." The book therefore focuses on fundamental, or basic, arbitration concepts and norms. It does not purport to provide in-depth discussion and analysis of arbitration law, but instead serves as a shelf reference or primer that promises to achieve Bennett's goal.

On Apology And Consilience, Erin Ann O'Hara, Douglas Yarn

Washington Law Review

This Article joins the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing their focus on the importance of apologies. The article develops an evolutionary economic analysis of apology that combines the tools of economics, game theory, and biology to more fully understand its role in dispute resolution. When the analysis is applied to the uses of apology before and at trial, a more sophisticated understanding of the relationship between apology and the law emerges.

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union grievance filed March 7, 2002 on behalf of all affected employees alleging breach of the Collective Agreement between the parties bearing the expiry date January 31, 2003, in that the Employer violated Articles 2, 11, 13, 15, 17 and all other related provisions of the Collective Agreement by placing full-time supervisor, David Waller, into a full-time letter carrier position/assignment at the Dartmouth Delivery Centre. The Union seeks an order that the Employer remove David Waller from the full-time letter carrier position/assignment and grant full redress to all affected employees under either Article 39.01 or Article 17.04.

Re Canada Post Corp And Cupw (Gillingham), Innis Christie

Innis Christie Collection

The Union claims that the Employer has an obligation to notify employees at least an hour in advance of work shift overtime being extended longer than initially expected. The Employer submits that this has never been the practice, that it is contrary to the Agreement, and that it would be impractical.

The grievance fails. Application of the article in question as the Union seeks to have it interpreted is clearly not what the parties intended. Indeed, it would be unworkable where the original work shift extension overtime is only for one hour, as it quite often is.

The First International Competition For Online Dispute Resolution: Is This Big, Different And New?, Benjamin G. Davis, Franklin G. Snyder, Kay Elkins Elliott, Peter B. Manzo, Alan Gaitenby, David Allen Larson

Faculty Scholarship

In February of 2002, the International Competition for Online Dispute Resolution (ICODR) was held to address the issue of new uses of technology is dispute resolution. This article describes the competition with individual presentations from the perspectives of a problem drafter, a coach, a participant, the evaluators, and an organizer. In the conclusion, the author presents some observations on why this International Competition for Online Dispute Resolution is big, different, and new.

The Evolution And Utilization Of The Gatt/Wto Dispute Settlement Mechanism, Pao Li Chang

Research Collection School Of Economics

This paper attempts to study the usage of the GATT/WTO dispute settlement mechanism and to explain its patterns across different regimes and decades, using a unified theoretical model. This study first explores the role of the degree of legal controversy over a panel ruling in determining countries’ incentives to block/appeal a panel report under the GATT/WTO regime. The model is able to explain the surge in blocking incidence during the 1980s over the preceding GATT years and the immense frequency at which the new appellate procedure under the WTO is invoked. Furthermore, a two-sided asymmetric information framework is used to …

Re Canada Post Corp And Cupw (Fitzhenry), Innis Christie

Innis Christie Collection

The Union brings this arbitration on behalf of six employees who were denied special leave with pay in the context of a severe winter storm in the St. John's area. The Union seeks lost rights, earnings, and benefits. The Employer's position is that it acted reasonably in denying special leave, because it was unsafe for the employees to leave before the end of their shift, and by the end of the shift, the storm had abated, so that at that time they would have had no difficulty getting home safely.

The Unanswered Question From Green Tree Financial Corp. V. Randolph: How Much Is Too Much Before The Costs Of Arbitration Become A Barrier To Due Process?, Robert W. Abel

University of Miami Law Review

No abstract provided.

How Important Is A Title? An Examination Of The Private Law Created By The Motion Picture Association Of America, Edward Robert Mccarthy

University of Miami Law Review

No abstract provided.

User Friendly: Informality And Expertise, Annelise Riles

Cornell Law Faculty Publications

No abstract provided.

Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware

University of Miami Law Review

No abstract provided.

Is The U.S. Out On A Limb? Comparing The U.S. Approach To Mandatory Consumer And Employment Arbitration To That Of The Rest Of The World, Jean R. Sternlight

University of Miami Law Review

No abstract provided.

Ethics Issues In Arbitration And Related Dispute Resolution Processes: What's Happening And What's Not, Carrie Menkel-Meadow

University of Miami Law Review

No abstract provided.

Tweaking The Market For Autonomy: A Problem-Solving Perspective To Informed Consent In Arbitration, Clark Freshman

University of Miami Law Review

No abstract provided.

Ashcroft Sends Signal Of Support For Adr In Justice Dept., Richard C. Reuben, Kevin R. Kemper

Faculty Publications

In his first public comments on the issue, U.S. Attorney General John Ashcroft signaled his support for the Justice Department's longstanding commitment to the use of alternative dispute resolution options.

In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher

University of Miami Law Review

No abstract provided.

The Ballad Of Transborder Arbitration, Thomas E. Carbonneau

University of Miami Law Review

No abstract provided.

Dr Ethics Book Brings It All Together, Jonathan R. Cohen

UF Law Faculty Publications

Dispute resolution practice has changed dramatically over the past several decades. The traditional litigation model has increasingly given way to a “multi-door” vision of varied dispute resolution practices. With that functional change in how we process disputes has come a pressing need to address the varied ethical challenges of these varied practices. Dispute Resolution Ethics is a marvelous contribution toward that effort.

Self-Determination In Dispute System Design And Employment Arbitration, Lisa B. Bingham

University of Miami Law Review

No abstract provided.

Mediation In The Modern Millennium, Nadja Alexander

Research Collection Yong Pung How School Of Law

In Australia we call it "Mediation", the French say "la mediation", and the Germans "die Mediation". The term is global, stemming from the Latin, mediatio'; the process universal, its inherent flexibility transcending historical and national legal norms and systemic differences. Indeed, forms of mediation can be traced back to sources in ancient Greece, the Bible, traditional communities in Asia and Africa, and to the fourteenth Century English 'Mediators of Questions'. Mediation, however, does not exist in a vacuum. It operates against a backdrop of national dispute management culture and institutional rules and regulations. Accordingly, it is nothing less than misleading …

Cyberspace And Domain Name Disputes: A Look At The Forums And Remedies Available To Trademark Holders In Cyberspace, J. Kyle Mccurry

Journal of Dispute Resolution

The purpose of this Comment is to define the scope and advantages of using both the UDRP and the ACPA. In the same regard, this Comment looks at the limitations of the UDRP and the ACPA and the problems which have arisen in the arbitrations and cases that have come under both.

Retaining Bargained-For Finality And Judicial Review In Labor Arbitration Decisions: Dual Interests Preserved In Major League Baseball Players Association V. Garvey - Major League Baseball Players Assn. V. Garvey, Emily J. Huitsing

Journal of Dispute Resolution

Arbitration has for years been the principal means of labor dispute resolution. As a part of labor contracts, workers agree to arbitrate disputes with their employers, bargaining for this forum as their choice method of dispute resolution. Occasionally, however, the decision of an arbitrator strays far from what a court believes the outcome of the dispute between employer and employee should be. In these cases, a conflict arises between the finality and stability of the bargained-for arbitrator's decision and the need for judicial upset of clearly errant arbitral decisions

Culture Change - A Tale Of Two Cities And Mandatory Court-Connected Mediation, Julie Macfarlane

Journal of Dispute Resolution

This is the first study to ask Canadian lawyers to describe in depth what they really think about mediation and the impact it has had on their litigation practices.'3 Their responses are rich, reflective and diverse. Many different understandings of mediation goals within litigation are present in the legal profession itself, and this lack of consensus is reflected in the results of this study. Before explaining the methodology of the study, it is useful to first set out its theoretical premises and to relate these to previous research on the legal profession which offer important insights relevant to the development …