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Dispute Resolution and Arbitration

2003

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Articles 91 - 120 of 121

Full-Text Articles in Law

Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Carrie Menkel-Meadow Jan 2003

Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Does the field of conflict resolution have any broadly applicable theories that "work" across the different domains of international and domestic conflict? Or, are contexts, participants, and resources so "domain" specific and variable that only "thick descriptions" of particular contexts will do? These are important questions which have been plaguing me in this depressing time for conflict resolution professionals, from September 11,2001 (9/11), to the war against Iraq. Have we learned anything about conflict resolution that really does improve our ability to describe, predict, and act to reduce unnecessary and harmful conflict? These are the questions I want to explore …

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Symposium Introduction, Jeffrey W. Stempel Jan 2003

Symposium Introduction, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

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Forgetfulness, Fuzziness, Functionality, Fairness, And Freedom In Dispute Resolution: Serving Dispute Resolution Through Adjudication, Jeffrey W. Stempel Jan 2003

Forgetfulness, Fuzziness, Functionality, Fairness, And Freedom In Dispute Resolution: Serving Dispute Resolution Through Adjudication, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

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"An Overwhelming Question" About Non-Formal Procedure, Thomas O. Main Jan 2003

"An Overwhelming Question" About Non-Formal Procedure, Thomas O. Main

Nevada Law Journal

No abstract provided.

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The Past And Future Of The Federal Rules In State Courts, Carl Tobias Jan 2003

The Past And Future Of The Federal Rules In State Courts, Carl Tobias

Nevada Law Journal

No abstract provided.

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A New Code Of Ethics For Commercial Arbitrators: The Neutrality Of Party-Appointed Arbitrators On A Tripartite Panel, Olga K. Byrne Jan 2003

A New Code Of Ethics For Commercial Arbitrators: The Neutrality Of Party-Appointed Arbitrators On A Tripartite Panel, Olga K. Byrne

Fordham Urban Law Journal

This article discusses ABA and AAA revisions to the ethics code for commercial arbitrators with respect to the neutrality of arbitrators. This Note describes the importance of the tripartite panel and the new standards in the revised code of ethics. It further examines the opposing arguments concerning the role of party-appointed arbitrators with respect to neutrality. Finally, the Note proposes that the revisers educate participants in the arbitral process of the new standard demanded of all arbitrators, so as to maintain confidence and stability in arbitration.

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Table Of Contents - Issue 2 Jan 2003

Table Of Contents - Issue 2

Journal of Dispute Resolution

No abstract provided.

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Sound Of Dust Settling: A Response To Criticisms Of The Uma, The, Richard C. Reuben Jan 2003

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

Journal of Dispute Resolution

Continuing UMA "concerns," therefore, have a certain vestigial or residual character, often reflecting views taken in battles that were fought within the drafting sessions - sometimes fiercely - but which were incapable of producing a majority among the UMA drafters. 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 his willingness to be the "skunk in the parlor" of this symposium edition by generally aggregating those criticisms." In Part I, I give some of the unpublished history of …

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Uniform Mediation Act And Official Comments Jan 2003

Uniform Mediation Act And Official Comments

Journal of Dispute Resolution

The provisions in this Act reflect the intent of the Drafters to further these public policies. The Drafters intend for the Act to be applied and construed in a way to promote uniformity, as stated in Section, and also in such manner as to: promote candor of parties through confidentiality of the mediation process, subject only to the need for disclosure to accommodate specific and compelling social interests, encourage the policy of fostering prompt, economical, and amicable resolution of disputes in accordance with principles of integrity of the mediation process, active party involvement, and informed self-determination by the parties, and …

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Prohibiting Good Faith Reports Under The Uniform Mediation Act: Keeping The Adjudication Camel Out Of The Mediation Tent, Carol L. Izumi, Homer C. La Rue Jan 2003

Prohibiting Good Faith Reports Under The Uniform Mediation Act: Keeping The Adjudication Camel Out Of The Mediation Tent, Carol L. Izumi, Homer C. La Rue

Journal of Dispute Resolution

This symposium article examines a narrow slice of the Uniform Mediation Act - the prohibition on mediator communication to judges about a party's good faith participation or "problem" behavior in mediation.

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Pre-Dispute Mandatory Arbitration Agreements And Title Vii: Promoting Efficiency While Protecting Employee Rights - Eeoc V. Luce, Forward, Hamilton & (And) Scripps, Steven S. Poindexter Jan 2003

Pre-Dispute Mandatory Arbitration Agreements And Title Vii: Promoting Efficiency While Protecting Employee Rights - Eeoc V. Luce, Forward, Hamilton & (And) Scripps, Steven S. Poindexter

Journal of Dispute Resolution

While the United States Supreme Court has repeatedly held that claims based on statutory rights may be vindicated by arbitration, the Court has yet to determine the validity of a pre-dispute mandatory arbitration agreement ("MAA") that covers Title VII of the Civil Rights Act of 1964 ("Title VII"). The United States Court of Appeals for the Ninth Circuit, contrary to every other district court of appeals to have considered the matter, has held that Title VII claims may not be subjected to arbitration under an MAA. The instant case once again addresses the question of whether the Ninth Circuit will …

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Uma And The Uncitral Model Rule: An Emerging Consensus On Mediation And Conciliation, The, Jernej Sekolec, Michael B. Getty Jan 2003

Uma And The Uncitral Model Rule: An Emerging Consensus On Mediation And Conciliation, The, Jernej Sekolec, Michael B. Getty

Journal of Dispute Resolution

In this article, we describe how these two efforts have come together to forge an international consensus on mediation and conciliation. In Part I, we look at how some of the different ways that domestic nationals treat the confidentiality of conciliation communications. The disparity of these treatments leads to considerable uncertainty among parties to a conciliation. In Part II, we note the essential features of the UNCITRAL Model Law, and how it addresses this uncertainty through model rules that will harmonize international standards among adopting nations, at least on core issues, while at the same time preserving the flexibility that …

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Internationalization Of Labor Disputes: Can Adr Mechanisms Help?, Theodore J. St. Antoine Jan 2003

Internationalization Of Labor Disputes: Can Adr Mechanisms Help?, Theodore J. St. Antoine

Book Chapters

My task is to assess the ways in which ADR procedures may be adapted to deal with international labor disputes. ADR refers to various methods by which neutral third parties assist persons engaged in a conflict to settle their differences without invoking the decision-making power of the state or another sanction-imposing body. Both mediation and arbitration are included among such methods. In mediation, the neutral aims for the parties to agree on a mutually acceptable solution. In arbitration, the neutral imposes a solution after presentations by the contending parties. A third term - conciliation - is sometimes used and generally …

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Teaching Adr In The Labor Field In China, Theodore J. St. Antoine Jan 2003

Teaching Adr In The Labor Field In China, Theodore J. St. Antoine

Articles

The editors have asked us to be quite personal in our ruminations on the future of comparative labor law and policy. For me, over the past several years, the focus has been on China. My first visit to China in 1994, purely as a tourist, was almost by accident. In late September of that year I attended the XIV World Congress of the International Society for Labor Law and Social Security in Seoul, South Korea. In the second week of October, I was scheduled to begin teaching a oneterm course in American law as a visiting professor at Cambridge University …

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David E. Feller: The Happy Warrior, Theodore J. St. Antoine Jan 2003

David E. Feller: The Happy Warrior, Theodore J. St. Antoine

Articles

Dave Feller and I first became acquainted when we were both union lawyers in Washington, D.C. Dave was the ultimate happy warrior. He went joyous into combat, and years later he could recount, joyously, objectively, and without rancor toward old foes, the exact details of the many triumphs and the few defeats. A favorite story came from his Supreme Court clerkship. Dave was already seven years out of Harvard Law School, with experience in university teaching, Army intelligence, and the Justice Department, and he didn't hesitate to tell Chief Justice Vinson he should vote for certiorari in a case close …

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Title Page Jan 2003

Title Page

Journal of Dispute Resolution

No abstract provided.

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Introduction, David A. Hoffman Jan 2003

Introduction, David A. Hoffman

Journal of Dispute Resolution

My introduction to the issues that the Uniform Mediation Act seeks to resolve occurred about a dozen years ago when a senior partner at Hill & Barlow, the Boston law firm where I practiced for 17 years, came to me with a question. He wanted to know whether he could recommend mediation as a safe process for discussing some delicate tax issues that had arisen during the breakup of a business partnership. Evidently the partners had taken some aggressive positions on their partnership tax returns, and one of the big issues in the dissolution of the partnership was the allocation …

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Dancing With The One That Brung Us - Why The Texas Adr Community Has Declined To Embrace The Uma, Brian D. Shannon Jan 2003

Dancing With The One That Brung Us - Why The Texas Adr Community Has Declined To Embrace The Uma, Brian D. Shannon

Journal of Dispute Resolution

I readily acknowledge that the UMA is a bold and noble project, and it is certainly the result of substantial effort and compromise. Indeed, I largely concur with the sentiment of Philip Harter that "[tihe UMA is the product of heroic effort that brought together many interests and perspectives to thrash out a workable framework for mediation." That being said, however, much of the Texas mediation community, of which I am a part, has largely opposed enactment of the UMA's framework for our state. As I have written previously, the Alternative Dispute Resolution Section of the State Bar of Texas …

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Uma: Some Roads Not Taken, The, Joseph B. Stulberg Jan 2003

Uma: Some Roads Not Taken, The, Joseph B. Stulberg

Journal of Dispute Resolution

I do not want to overstate my claim. There is nothing in the UMA that precludes conducting a mediated conversation in a manner consistent with what I frame below as a "robust vision" of the mediator's role. The Act, however, does not provide sustained support for it and, more seriously, appears to license the type of intervener that I believe is inconsistent with basic process goals. Hence, I am conjecturing - though I do not believe it is "idle conjecturing" - as to how parties, representative, and the mediator shall conduct their mediation conference under the vision of mediation embedded …

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Evaluation Of The Effect Of Court-Ordered Mediation And Proactive Case Management On The Pace Of Civil Tort Litigation In Lake County, Indiana, An, Jeffrey J. Dywan Jan 2003

Evaluation Of The Effect Of Court-Ordered Mediation And Proactive Case Management On The Pace Of Civil Tort Litigation In Lake County, Indiana, An, Jeffrey J. Dywan

Journal of Dispute Resolution

This author conducted a survey of mediators working with the courts in Lake County, Indiana in 1993-1994. At that time, thirty-four civil mediators were listed with the court administrator's office. The mediators were asked to track mediation cases for six months and to record the number of cases that had been referred to them for mediation, the number of cases actually mediated, the number settled, and the time to settlement after the referral to mediation

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Silent Treatment: Removing The Class Action From The Plaintiff's Toolbox Without Ever Saying A Word - Bazzle V. Green Tree Fin. Corp., The, Andrea Lockridge Jan 2003

Silent Treatment: Removing The Class Action From The Plaintiff's Toolbox Without Ever Saying A Word - Bazzle V. Green Tree Fin. Corp., The, Andrea Lockridge

Journal of Dispute Resolution

A motion for class certification is often a pivotal point in a lawsuit, playing a determinative role throughout the course of the litigation. Plaintiffs use the class action as a tool to consolidate common claims against a defendant, bypassing the expensive process of bringing suit individually. 2 Defendants hotly contest certification of the class, seeking to avoid the ramifications of a judgment which reflects the cumulative losses of the multitude. This casenote addresses the effects of allowing an arbitration clause that is silent as to class-wide arbitration to preclude the plaintiffs' option to bring suit as a class, and the …

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Table Of Contents - Issue 1 Jan 2003

Table Of Contents - Issue 1

Journal of Dispute Resolution

No abstract provided.

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Thinking About Dispute Resolution, Trevor C. W. Farrow Jan 2003

Thinking About Dispute Resolution, Trevor C. W. Farrow

Articles & Book Chapters

This is a review of Julie Macfarlane et al., eds. Dispute Resolution: Readings and Case Studies. 2nd ed. Toronto: Emond Montgomery, 2003.

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Policy Recommendations For Dispute Prevention And Dispute Settlement In Transatlantic Relations: Legal Perspectives, George A. Bermann Jan 2003

Policy Recommendations For Dispute Prevention And Dispute Settlement In Transatlantic Relations: Legal Perspectives, George A. Bermann

Faculty Scholarship

The concrete case studies and general policy analyses that were the subject of inquiry in the conferences culminating in the present volume have predictably generated a series of distinctly legal – as well as political – reflections on dispute prevention and dispute settlement in the transatlantic arena. One of the merits of the dual (concrete and abstract) approach that has been adopted for these conferences is its capacity to provide a check against the risks that would result either from divorcing this study from the realities of disputes or from relying exclusively on potentially idiosyncratic dispute scenarios. The recommendations to …

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A Traditionalist Looks At Mediation: It's Here To Stay And Much Better Than I Thought, Stephen N. Subrin Jan 2003

A Traditionalist Looks At Mediation: It's Here To Stay And Much Better Than I Thought, Stephen N. Subrin

Nevada Law Journal

No abstract provided.

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Judicial Mediation And Signaling, Edward J. Brunet Jan 2003

Judicial Mediation And Signaling, Edward J. Brunet

Nevada Law Journal

No abstract provided.

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Adr Is Here: Preliminary Reflections On Where It Fits In A System Of Justice, Jean R. Sternlight Jan 2003

Adr Is Here: Preliminary Reflections On Where It Fits In A System Of Justice, Jean R. Sternlight

Nevada Law Journal

No abstract provided.

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A Fresh Look At The Federal Rules In State Courts, John B. Oakley Jan 2003

A Fresh Look At The Federal Rules In State Courts, John B. Oakley

Nevada Law Journal

No abstract provided.

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Procedural Provisions In Nevada Medical Malpractice Reform, Carl Tobias Jan 2003

Procedural Provisions In Nevada Medical Malpractice Reform, Carl Tobias

Nevada Law Journal

No abstract provided.

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Jurisdiction And Applicable Law: A Swedish Perspective On Cross-Border Enforcement Of Intellectual Property Rights, Ulf Maunsbach, Lydia Lundstedt Dec 2002

Jurisdiction And Applicable Law: A Swedish Perspective On Cross-Border Enforcement Of Intellectual Property Rights, Ulf Maunsbach, Lydia Lundstedt

Ulf Maunsbach

No abstract provided.

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