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Full-Text Articles in Law

Post-Pandemic Finra Arbitration: To Zoom Or Not To Zoom?, Jill I. Gross Apr 2023

Post-Pandemic Finra Arbitration: To Zoom Or Not To Zoom?, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

This Article contributes to the literature exploring the impact of the pandemic on arbitration and explores whether parties arbitrating their disputes during the pandemic have had access to justice equivalent to the justice that was available pre-pandemic. Though it is difficult to draw any conclusions about FINRA arbitration due to the confidential and non-reasoned nature of awards, the Article focuses on arbitration of securities industry disputes at one forum, FINRA DRS. In particular, the Article analyzes data about FINRA customer arbitrations over the course of the pandemic, from onset in March 2020 through mid-2022, when most municipalities had lifted COVID-19 …


Arbitration Archetypes For Enhancing Access To Justice, Jill I. Gross May 2020

Arbitration Archetypes For Enhancing Access To Justice, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

In the second half of the twentieth century, the use of arbitration proliferated in the United States as part of a greater alternative dispute resolution (ADR) movement, with the promise that using ADR processes would, among other things, enhance disputants' access to justice. Arbitration offers disputing parties a process to resolve their dispute, which, at least in theory, is known for decreased cost, increased speed, party control, privacy, and finality. These characteristics generally enhance parties' access to justice because, as compared to litigation, barriers to entry are lower, outcomes are delivered more quickly, substantive outcomes are more equitable, and parties …


Judicial Mediation: From Debates To Renewal, Jean-Francois Roberge, Dorcas Quek Anderson Mar 2019

Judicial Mediation: From Debates To Renewal, Jean-Francois Roberge, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

Judicial mediation involving a judge actingas a mediator in a court dispute has been implemented in many jurisdictionsworldwide as a way to overcome access to justice challenges. This innovationhas raised many debates on the changing role of the judge built on either its congruence with or divergence from judicial adjudication. Over the years, thesedebates have become increasingly stagnant. The evolving vision on access tojustice brings an opportunity to draw from the earlier debates and forge adifferent way forward. This paper argues that a coequality approach to understanding judicial mediation is a betterway to design the process in a way that …


Standing And Collective Cultural Rights, Ana Filipa Vrdoljak Jan 2016

Standing And Collective Cultural Rights, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

The procedural question of standing has deep implications for the definition and enforcement of cultural rights. Cultural rights have individual and collective elements that can lead to several entities seeking access to justice when these rights are violated. This chapter focuses on the question of standing to explore the contours of existing cultural human rights and possible reparations flowing from their violation. It considers claims by (1) an individual member of the group who has been wronged because of their membership of the group; (2) a collective action brought by the group; and (3) a representative action on behalf of …


Multi-Stakeholder Dispute Resolution: Building Social Capital Through Access To Justice At The Community Level , Shala Ali, Williams E. Davis, Joanna Lee Feb 2012

Multi-Stakeholder Dispute Resolution: Building Social Capital Through Access To Justice At The Community Level , Shala Ali, Williams E. Davis, Joanna Lee

Pepperdine Dispute Resolution Law Journal

Systems of multi-stakeholder dispute resolution are increasingly recognized as objectives of good governance by international organizations such as the United Nations Development Program (UNDP). Such objectives arise out of insights based on the dynamics of social capital that community based initiatives cannot succeed where trust is absent and mechanisms for collective decision-making do not exist. Yet localized decision-making can take many forms-whether distributional, competitive, or collaborative. This paper will examine, in particular, the impact of collaborative systems of decision-making on building social capital through access to justice in local communities. It will do this through examining participant feedback, meeting minutes, …


Ontario’S Administrative Tribunal Clusters: A Glass Half-Full Or Half-Empty For Administrative Justice?, Lorne Sossin, Jamie Baxter Jan 2012

Ontario’S Administrative Tribunal Clusters: A Glass Half-Full Or Half-Empty For Administrative Justice?, Lorne Sossin, Jamie Baxter

Articles, Book Chapters, & Popular Press

Claimants who come to administrative tribunals in Canada, as elsewhere, expecting a convenient forum to resolve their problems may discover that institutional resources and expertise, their own knowledge of the system, and their statutory entitlements and legal rights are fragmented between agencies with diverse norms and mandates. The provincial government of Ontario in Canada has recently enacted a novel strategy called tribunal clustering to confront these challenges. This paper explores the structure and rationales behind Ontario’s new tribunal clusters and compares these with reform models in Australia and the United Kingdom. The authors argue that tribunal clusters offer a flexible …


Equal Justice From A New Perspective: The Need For A First-Year Clinical Course On Public Interest Mediation, David Dominguez Jun 2006

Equal Justice From A New Perspective: The Need For A First-Year Clinical Course On Public Interest Mediation, David Dominguez

Utah Law Review

It really is possible to deliver enough no-cost or low-cost legal problem solving services to provide equal justice. To get there, however, we need to experiment with new strategies and methods to achieve the goal, including the new skill of PIM. My hunch is that if first-year law students can prove to themselves in a clinical setting that public service lawyering can produce a multiplier effect for the greater public good, a new commitment to equal justice will emerge in the legal profession.


The Effects Of Alternative Dispute Resolution On Access To Justice In Utah, James R. Holbrook Jun 2006

The Effects Of Alternative Dispute Resolution On Access To Justice In Utah, James R. Holbrook

Utah Law Review

Thousands of cases are resolved every year in Utah by private and court sponsored mediation and other ADR programs, and ADR utilization trends are moving up every year. Since 1990, over 3600 lawyers and non-lawyers have received mediator training in Utah. Clearly, ADR has a growing positive impact on access to justice in this state. However, it is just as clear that ADR by itself does not satisfy the huge and growing unmet needs of moderate-income, low-income, and poor people for dispute resolution services in this state.