Law Commons^™

Re Provincial Health Services Authority And Cupe, Loc 805, Innis Christie, B Crockett, S Robinson

Innis Christie Collection

Grievance by the Union alleging breach of Article 20.1, and any other applicable articles, of the Collective Agreement between the Union (and Locals 1051, 1778 and 1779) and West Prince Regional Authority, East Prince Health, Queens Region Health and Community Services, Southern Kings Regional Authority and Eastern Kings Health, effective April 1, 2001 — March 31, 2004, which the parties agreed is the Collective Agreement that governs this matter, in that, when a full-time cook resigned the Employer failed to post that position and instead posted three part-time cook positions to which it assigned essentially the same work. Those part-time …

Valuation Averaging: A New Procedure For Resolving Valuation Disputes, Keith Sharfman

Rutgers Law School (Newark) Faculty Papers

In this Article, Professor Sharfman addresses the problem of "discretionary valuation": that courts resolve valuation disputes arbitrarily and unpredictably, thus harming litigants and society. As a solution, he proposes the enactment of "valuation averaging," a new procedure for resolving valuation disputes modeled on the algorithmic valuation processes often agreed to by sophisticated private firms in advance of any dispute. He argues that by replacing the discretion of judges and juries with a mechanical valuation process, valuation averaging would cause litigants to introduce more plausible and conciliatory valuations into evidence and thereby reduce the cost of valuation litigation and increase the …

Decision-Making In Mediation: The New Old Grid And The New New Grid System, Leonard L. Riskin

UF Law Faculty Publications

This Article reviews the author's previous mediator-orientation models and proposes a new system for understanding the range of mediator orientations based on substantive, procedural, and meta-procedural decision-making grids.

Who Decides The Arbitrators' Jurisdiction? Separability And Competence-Competence In Transnational Perspective, John J. Barceló Iii

Cornell Law Faculty Publications

No abstract provided.

Part Ii - What Would You Do - With A Taniwha At The Table?, Ian Macduff

Research Collection Yong Pung How School Of Law

In the last issues of Negotiation Journal, the author explored the complicating factor of having a taniwha or spirit at the negotiating table in a New Zeland case. He challenged his readers to give him suggestions about how negotiators might grapple with often preplexing problems posed by the spiritual valus of their counterparts.

The Specificity Of International Arbitration: The Case For Faa Reform, William W. Park

Faculty Scholarship

If a pollster asked a random selection of Americans for a one-line verbal portrait of arbitration, common responses might include the following: (i) private litigation arising for construction and business disputes; (ii) a mechanism to resolve workplace tensions between management and labor; (iii) a process by which finance companies and stock brokers shield themselves from customer complaints; (iv) a way to level the playing field in deciding commercial controversies among companies from different parts of the world; (v) the way big corporations use NAFTA to escape regulation. To some extent all would be correct.'

Unfortunately, these different varieties of arbitration …

Ibew, Local 2228 V Nav Canada, Innis Christie

Innis Christie Collection

The Employer withheld the Grievor's pay and benefits owing under the salary continuation provision of the Agreement for a period of 12 days because of his refusal to sign a consent form required by the Employer's third party provider authorizing release of the Grievor's medical information to the provider. The Union does not dispute that the Employer had the right to require that the form be signed, nor the employer's having withheld the pay until the form was signed. The Union's position is that once the Grievor signed the form he was entitled to the pay being withheld. The Employer's …

Summary Of Maki V. Chong, 119 Nev. Adv. Op. No. 46, Hilary Barrett

Nevada Supreme Court Summaries

Appeal from a district court order applying the statutory homestead exemption to a debtor’s real property.

Re Secunda Marine Services Ltd And Bradley, Innis Christie

Innis Christie Collection

This is an appeal under Section 251.11 of the Canada Labour Code by the Employer, Secunda Marine Services Limited, against a payment order of November 4, 2002 by Paula F. Stagg, Inspector, ordering an additional 21 days of severance pay to the Complainant, Sherman Bradley, in the amount of $2943.15, less deductions permitted pursuant to paragraphs 254.1(2)(a), (b) and (e) of the Code. This is for severance pay covering the period worked December 2, 1988 to March 21, 2002, minus five days severance pay received by Mr. Bradley.

Let's Put Ourselves Out Of Business: On Respect, Responsibility, And Dialogue In Dispute Resolution, Jonathan R. Cohen

UF Law Faculty Publications

This Essay works in two steps. I want to daydream with you about the future, or what I hope will someday be the future, of our dispute resolution movement. I want to then use these imaginings to reflect upon where we are today. I want to suggest something that may at first seem odd: Our ultimate goal should be to put ourselves, or virtually put ourselves, out of business. Eventually, I hope the time will come when we live in a society where the expert services of dispute resolution professionals, including not only lawyers and judges but also mediators and …

Global Trends In Mediation, Nadja Alexander

Research Collection Yong Pung How School Of Law

Mediation is a process both new, in terms of its emergence in the legal arena, and old in terms of its timeless universality. From its birth in the western world, mediation has travelled a winding and often challenging path through common law and then civil law jurisdictions. Suggestions that mediation would be nothing more than a short-lived fad have been short-lived themselves. At the same time many critical questions about mediation process, mediation structures and environment, and mediation outcomes have yet to be explored from a global and comparative perspective.

What Would You Do - With A Taniwha At The Table?, Ian Macduff

Research Collection Yong Pung How School Of Law

In New Zealand, a complicating factor in some disputes may involve the presence (whether one believes it or not) of a taniwha, or spirit, as a major part of the negotiations. What advice would you have for mediators who face such significant cross-cultural, identity-based issues? The author hopes readers of this journal will be able to provide some insighful advice.

Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation

Water Negotiation Workshop (June 4-5)

"Sponsored by: The Natural Resources law Center of the University of Colorado Law School; Funding provided by: The William and Flora Hewlett Foundation."

"Facilitators: Lucy Moore and Steve Snyder."

"June 4 and 5, 2003, Community House, Chautauqua Park, Boulder, Colorado."

Contents:

Agenda -- Roster of workshop participants -- Biographies of workshop participants -- Maps of Klamath basin -- Key water-related events in the upper Klamath basin -- Federal-state decisionmaking on water : applying lessons learned / David J. Hayes -- Turbulence in the Klamath River basin / Sharon Levy

Maps Of The Klamath Basin And Key Water-Related Events In The Upper Klamath Basin, University Of Colorado Boulder. Natural Resources Law Center

Water Negotiation Workshop (June 4-5)

5 pages.

Contents:

Maps of Klamath Basin -- Key water-related events in the Upper Klamath Basin

Excerpted from: Ron Hathaway & Teresa Welch, Water Allocation in the Klamath Reclamation Project, 2001: An Assessment of Natural Resource, Economic, Social, and Institutional Issues with a Focus on the Upper Klamath Basin 31-34, 43 (Oregon State University, University of California, reprinted May 2003). Full report available in Klamath Waters Digital Library at http://digitallib.oit.edu/cdm/ref/collection/kwl/id/9442.

International Developments In Mediation (Internationale Entwicklungen Der Gerichtsnahen Mediation), Nadja Alexander

Research Collection Yong Pung How School Of Law

No abstract provided.

First Options, Consent To Arbitration, And The Demise Of Separability: Restoring Access To Justice For Contracts With Arbitration Provisions, Richard C. Reuben

Faculty Publications

This article describes the context and current state of the law in this area under the Federal Arbitration Act (FAA), urges the Court to continue its path toward actual consent to arbitration, and suggests an approach for finally reconciling the tension between Prima Paint and First Options. Part II describes the nature and historical context of the arbitrability problem. Part III focuses specifically on the doctrine of separability, which is the most critical (and most complex) of these exceptions. Part IV discusses the impact on separability of recent U.S. Supreme Court case law, especially the 1995 decision in First Options …

Brief For Respondents, Green Tree Financial Corp. V. Bazzle, No. 02-634 (U.S. Mar. 27, 2003), ., Cornelia T. Pillard

U.S. Supreme Court Briefs

No abstract provided.

Nova Scotia Barristers’ Society V Leahey, Innis Christie, G Wayne Beaton, Charles T. Schafer, David K. Macdonald, Philip J. Star

Innis Christie Collection

he Hearing Panel of the Hearing Subcommittee, empanelled by the Chair of the Hearing Subcommittee in accordance with Regulation 40 of the Nova Scotia Barristers’ Society Regulations (hereafter, "the Regulations") made under the authority in s. 59 of the Barristers and Solicitors Act, R.S.N.S 1989, as am.(hereafter, "the Act") to hear and decide this matter, consisted of:

G. Wayne Beaton, QC

David K. Macdonald

Dr, Charles T. Schafer

Philip J. Star, QC

Innis Christie, QC, Chair

The Panel met to hear evidence and submissions by counsel on July 9, 10, 11 and12, and on August 14, …

Re Aliant Telecom Inc And Ac&Twu, Innis Christie

Innis Christie Collection

This is a policy grievance concerning the contracting out of work on two separate occasions. The Union wanted the Employer to stop contracting out work, and pay all damages. The Employer did not believe the work in question was protected from contracting out as outlined in two Letters of Intent that are part of the collective agreement.

The grievances fail. An examination of the negotiating history, nature of the work and the effect it had on the number of union positions support the Employer's position. The Letters of Intent did not cover the type of work which was contracted out. …

Re Saint John (City Of) And Saint John Fire Fighters' Association, Iaff Local 771 (Davidson), Innis Christie, G Lawson, A Levine

Innis Christie Collection

Union grievance on behalf of the Grievor alleging that he was hired and subsequently fired without due process, contrary to the 2001-2003 Collective Agreement between the parties, and seeking full redress. At the outset of the hearing in this matter the parties agreed that this Board of Arbitration is properly constituted and, sub­ject to the City's preliminary objection, properly seized of this matter. The City made a preliminary objection to the jurisdiction of this Board of Arbitration to hear this matter based on the allegation that the Grievor was never an employee of the City; i.e., that he was never …

Re Canada Post Corp And Cupw (078-00-00463), Innis Christie

Innis Christie Collection

The Union grieves the Employer's failure to convert Part-Time Route 23 to a full time route, and staff the new route in accordance with the Agreement. The Union seeks an order that the Employer convert the route and grant full redress to all employees affected. The Employer takes the position that it is only required to carry out minor restructuring to bring Route 23 into conformity with limits on part-time routes. The Employer acknowledges that this should have been done seven months ago.

Ethical Concerns In Drafting Employment Arbitration Agreements After Circuit City And Green Tree, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Grief, Procedure And Justice: The September 11th Victim Compensation Fund, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

The "Public Menace" Of Blight: Urban Renewal And The Private Uses Of Eminent Domain, Wendell E. Pritchett

All Faculty Scholarship

No abstract provided.

Restitution In Public Concern Cases, Candace Kovacic-Fleischer

Articles in Law Reviews & Other Academic Journals

Enron Corporation. Arthur Andersen. Guns. Tobacco. Lead. Asbestos. Water Pollution. All are in the news as allegedly having caused injury. All involve restitution. Plaintiffs are bringing suits claiming that not only have they been injured, but also that the companies involved have been unjustly enriched at the plaintiffs' expense. The plaintiffs use, either explicitly or implicitly, the broad concept of restitution found in section one of the Restatement of the Law of Restitution. That section, entitled "Unjust Enrichment," says "[a] person who has been unjustly enriched at the expense of another is required to make restitution to the other."' In …

Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian

Faculty Publications

The WTO's Dispute Settlement Understanding ("DSU") provides that disputes are to be resolved in adversarial proceedings before impartial panels of experts. These panels have authority to decide whether members' laws conform to WTO requirements; members may appeal rulings to a permanent Appellate Body within the organization, which has the final say on questions of law and legal interpretation. Under the DSU, if a member fails to comply with a final ruling in a dispute, the prevailing party may retaliate by suspending trade concessions that it owes the offending member. This retaliation can continue until the offending member implements the WTO's …

Possibilities For Collaborative Law: Ethics And Practice Of Lawyer Disqualification And Process Control In A New Model Of Lawyering, John M. Lande

Faculty Publications

This article assesses the possibilities for collaborative law (CL) to promote problem-solving negotiation and analyzes the operation and effect of the CL disqualification agreement (DA), which CL leaders hold as essential to the process. In CL, the lawyers and clients agree to negotiate from the outset of the case using a problem-solving approach. Under CL theory, the process creates a metaphorical "container" by using a DA disqualifying both lawyers from representing their clients if either party chooses to proceed in litigation. This article argues that much CL theory and practice is valuable, including protocols of early commitment to negotiation, interest-based …

The Sound Of Dust Settling: A Response To Residual Criticisms Of The Uma, Richard C. Reuben

Faculty Publications

The Uniform Mediation Act has gone to the states for consideration after about five years of research, drafting, and vetting, and ultimately, overwhelming support by the American Bar Association, the National Conference of Commissioners on Uniform State Laws, most major dispute resolution professional organizations and service providers, and many if not most leading dispute scholars. Despite this support, concerns about the UMA still continue to echo from its drafting. Professor Brian Shannon's criticisms largely echo these discussions, and in this article I seek to respond to some of them - after first extending my greatest appreciation to Professor Shannon for …

Interdisciplinary Collaboration And The Beauty Of Surprise: A Symposium Introduction, Robert M. Ackerman, Nancy A. Welsh

Law Faculty Research Publications

The rapid changes in technology and society are destabilizing old occupations, while the newly emerging ones are still in a state of chaos. "What constitutes good work?" is a question all of us must ask again and again. How can we live up to the demands of our job and the expectations of society without denying the needs of our personal identities? What resources can we draw on, as powerful, often contradictory forces cause stress, doubt, and guilt to creep into the performance of our work?

Structure, Legitimacy And Nafta’S Investment Chapter, Charles Hendrickson Brower Ii

Law Faculty Research Publications

In this Article, Professor Brower examines the investment chapter of the North American Free Trade Agreement (NAFTA). He argues that the relevant treaty provisions lack a substantial measure of textual clarity. In addition, he argues that ad hoc tribunals based on the commercial arbitration model have generated incoherent doctrine and are relatively less accountable, transparent, and accessible than permanent tribunals. Furthermore, he argues that the NAFTA Parties and their courts so far appear to place a higher priority on the pursuit of narrow self-interest than on the principled administration of international governance. Collectively, these circumstances help to explain the frequency …