Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Dispute Resolution and Arbitration (2)
- Social and Behavioral Sciences (2)
- Accounting Law (1)
- Agency (1)
- Air and Space Law (1)
-
- Antitrust and Trade Regulation (1)
- Banking and Finance Law (1)
- Business (1)
- Business Administration, Management, and Operations (1)
- Business Law, Public Responsibility, and Ethics (1)
- Business Organizations Law (1)
- Civil Law (1)
- Commercial Law (1)
- Comparative Politics (1)
- Comparative and Foreign Law (1)
- Conflict of Laws (1)
- Construction Law (1)
- Consumer Protection Law (1)
- Contracts (1)
- Criminal Law (1)
- Defense and Security Studies (1)
- Education Policy (1)
- Energy and Utilities Law (1)
- Entertainment, Arts, and Sports Law (1)
- Environmental Law (1)
- Environmental Policy (1)
- Estates and Trusts (1)
- Finance and Financial Management (1)
- Health Law and Policy (1)
- Publication
- File Type
Articles 1 - 6 of 6
Full-Text Articles in Law
The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos
The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos
Michael Diathesopoulos
The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.
Escaping The Appellate Litigation Straitjacket: Incorporating An Alternative Dispute Resolution Simulation Into A First-Year Legal Writing Class, Mary Dunnewold, Mary Trevor
Escaping The Appellate Litigation Straitjacket: Incorporating An Alternative Dispute Resolution Simulation Into A First-Year Legal Writing Class, Mary Dunnewold, Mary Trevor
Mary L Dunnewold
This article discusses the incorporation of a mediation exercise into the first semester of a legal research and writing course. At the author’s institution, we have been including this exercise in our curriculum for sixteen years. In the article, we first briefly review the historical underpinnings for incorporating ADR into non-ADR law school classes. We then examine the current pedagogical theories supporting such incorporation. We next discuss why the exercise fits well within the LRW curriculum. Finally, we address the nuts-and-bolts of the exercise and offer our observations and conclusions about the exercise, including discussion of student feedback obtained through …
How A Mediation Clinic Can Inform The Curriculum, Dr Leonardo J. Raznovich, Ben Waters
How A Mediation Clinic Can Inform The Curriculum, Dr Leonardo J. Raznovich, Ben Waters
Dr Leonardo J Raznovich
There are many different ways and settings in which the curriculum can be developed to provide clinical legal education to students at university level within the UK. With the assistance of HEFCE research informed teaching funding and after nearly a year of preparatory research, two members of the Legal Studies team, in department of Crime and Policing at Canterbury Christ Church University (CCCU) in England set up a mediation clinic as a fundamental element of the development of a Qualifying Law Degree. The clinic at Canterbury Christ Church University is unique, not least for the fact that it is the …
Arbitration Hurdles Facing Foreign Investors In Russia: Analysis Of Present Issues And Implications., Elliot Glusker
Arbitration Hurdles Facing Foreign Investors In Russia: Analysis Of Present Issues And Implications., Elliot Glusker
Elliot Glusker
The article looks at the legal and regulatory environment, specifically focusing on arbitration in order to ascertain if arbitration is an effective and reliable dispute resolution method for foreign investors doing business in Russia. The article examines various arbitration hurdles that foreign businesses and investors in Russia are likely to encounter and will offer advice on how to avoid or overcome these obstacles.
Adr Gone Wild!: One State’S Experience With A Radical Trust And Estate Dispute Resolution Act, Kirsten M. Elliott
Adr Gone Wild!: One State’S Experience With A Radical Trust And Estate Dispute Resolution Act, Kirsten M. Elliott
Kirsten M Elliott
This paper explores one state’s use of a radical alternative dispute resolution act in the area of wills and trusts. While the primary focus of this paper is to explore a unique Washington law –the Trust and Estate Dispute Resolution Act (TEDRA) – it is important to note that similar, if not identical sets of statutes exist in other states. TEDRA was passed in 1999 as a means for providing for mandatory alternative dispute resolution in the area of trusts and estates, namely mediation, arbitration, or private agreement between the parties. Recently, Idaho passed a nearly identical Act and these …
Conciliation And Mediation As Adr Procedures Distinct From Arbitration: Textual Similarities And Discrepancies In Different Legal Contexts, Anna Giordano Ciancio
Conciliation And Mediation As Adr Procedures Distinct From Arbitration: Textual Similarities And Discrepancies In Different Legal Contexts, Anna Giordano Ciancio
Anna Giordano Ciancio Dr.
This paper aims to demonstrate that the terms 'mediation' and 'conciliation' are used to denote a general conciliatory procedure characterised by a 'nonadversary' but a 'cooperative' approach of the parties to a dispute towards reaching a settlement agreement by the assistance of a third neutral. A similarity between these procedures is based on the 'party control' of the proceeding, i.e. on the willingness of the parties to settle their dispute while the mediator or the conciliator only assist the parties in coming to a final agreement. As regards the role played by the third neutral, a distinction concerns either the …