Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Entertainment, Arts, and Sports Law

Pepperdine University

2013

Dispute resolution

Articles 1 - 2 of 2

Full-Text Articles in Law

What Finra Can Learn From Major League Baseball, Ben Einbinder Feb 2013

What Finra Can Learn From Major League Baseball, Ben Einbinder

Pepperdine Dispute Resolution Law Journal

The article presents information on the arbitration system formed by the Financial Industry Regulatory Authority (FINRA) with respect to the arbitration under the employment disputes in the financial industry. The arbitration models created by FINRA examine the disputes in the securities industry. Information on the impact of the Major League Baseball and its works on the employment disputes are also presented.


The Five-Tool Mediator: Game Theory, Baseball Practices, And Southpaw Scouting, Michael N. Widener Feb 2013

The Five-Tool Mediator: Game Theory, Baseball Practices, And Southpaw Scouting, Michael N. Widener

Pepperdine Dispute Resolution Law Journal

This essay borrows heavily from the fields of game theory, baseball business strategy and neuropsychology. Knitting these together, the author advocates that mediators become inciters and advocates for an outcome that solves problems, irrespective of the amount in controversy and the initial gap between offer and counter-offers of settlement. This is not an essay on how to do facilitator’s tasks in settlement negotiations; instead, the reader should consider how to think about the mediator’s role in the process, advancing the value proposition in negotiations. This essay does not propose that mediators become group therapists but instead urges them to relentlessly …