Law Commons^™

Inside The Arbitrator's Mind, Susan D. Franck, Anne Van Aaken, James Freda, Chris Guthrie, Jeffrey J. Rachlinski

Jeffrey J. Rachlinski

Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional wisdom that arbitrators render “split the baby” decisions. Although direct comparisons are difficult, we find that arbitrators generally perform at least as well as, but never …

Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli

Carol Pauli

News media interviews bring opposing voices into the public forum where, ideally, audience members can deliberate and reach democratic compromise. But in today’s politically polarized atmosphere, partisans increasingly accuse each other of being a threat to the country, and prospects for compromise have suffered. Journalists have been urged to take a more affirmative role, promoting problem-solving and opposing conflict. They have stopped short, citing professional norms that demand a stance of neutral detachment. This Article turns to the principles of transformative mediation. Like journalism, it is detached from any goal of settlement. It aims instead at increasing the capacity of …

Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli

Carol Pauli

If Donald Trump, kicking off his campaign for the White House, was saying “what everyone is thinking,” about illegal immigration, it must be that his message mirrored a narrative that already existed in the minds of his audience. That fearful story of criminals invading the U.S. borders has long been a dominant theme in the mainstream news immigration story. Like all news stories, this one focuses attention on some facts at the expense of others. Like many news stories, it draws its power from earlier, well-known tales — some as old as the Flood. This article recommends that the news …

Transforming News: How Mediation Principles Can Depolarize Public Talk, Carol Pauli

Carol Pauli

News media interviews bring opposing voices into the public forum where, ideally, audience members can deliberate and reach democratic compromise. But in today's politically polarized atmosphere, partisans increasingly accuse each other of being a threat to the country, and prospects for compromise have suffered. Journalists have been urged to take a more affirmative role, promoting problem solving and opposing conflict. They have stopped short, citing professional norms that demand a stance of neutral detachment. This article turns to the principles of transformative mediation. Like journalism, it is detached from any goal of settlement. It aims instead at increasing the capacity …

Cooking Up A Deal: Negotiation Recipes For Success, Jim Coben, Robert Dingwall, Dan Druckman, Noam Ebner, Howard Gadlin, Chris Honeyman, Sanda Kaufman, Michelle Lebaron, Roy Lewicki, David Matz, Carrie Menkel-Meadow, Michael Moffitt, Jen Reynolds, Andrea Kupfer Schneider, John Wade, Nancy Welsh

Nancy Welsh

If forced to be concise and pithy, what would a room full of negotiation scholars cook up? The compilation of recipes was in response to the request for each person’s own definition of negotiation effectiveness put in the form of a recipe. Not only is this interesting in terms of seeing the similarities and differences among this leading and diverse group of scholars, the exercise itself is one that can easily be replicated in negotiation or dispute resolution classes. It forces each participant to think about (a) ingredients; (b) amount of each; and (c) the order in which each skill …

Resolving Economic Disputes In Russia's Market Economy, Karen Halverson

Karen Halverson Cross

The purpose of this paper is to examine the recent transformation of state arbitrazh into economic courts along with the development of commercial arbitration in Russia, and to consider the relative utility of these mechanisms for resolving disputes in Russia's evolving market economy. Part I describes state arbitrazh and details its evolution into the existing system of economic courts. Part II discusses the past and recent development of commercial arbitration in Russia as an alternative to litigating domestic disputes. Part III considers various social and historic factors that hinder genuine reform.

Med-Arb And The Legalization Of Alternative Dispute Resolution, Brian A. Pappas

Brian A. Pappas

No abstract provided.

Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile

Fernand "Tex" N. Dutile

No abstract provided.

Proposed Arbitration Ban Would Be Bad Law And Bad Policy, Daniel A. Lyons

Daniel Lyons

No abstract provided.

The Revolving Door In International Investment Arbitration, Daniel Behn, Malcom Langford, Runar H. Lie

Daniel Behn

Poor States Or Poor Governance? Explaining Outcomes In Investment Treaty Arbitration, Daniel Behn, Tarald Berge, Malcolm Langford

Daniel Behn