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Full-Text Articles in Law
Dangers Of Deference To Form Arbitration Provisions, Amy J. Schmitz
Dangers Of Deference To Form Arbitration Provisions, Amy J. Schmitz
Faculty Publications
This Article is part of my larger project exploring what I call "contracting culture," which borrows from legal realism and relational contract theory by considering contextual factors such as negotiators' relations, understandings, and values. As part of this project, I am pursuing various threads, including empirical studies of how contracting realities impact arbitration. In this Article, however, I focus on how these realities in business to consumer contracts combine with the Federal Arbitration Act and formulaic contract law to foster dangerous deference to form arbitration provisions. The Article then invites procedural reforms and offers suggestions for regulations aimed to temper …
Several Initiatives On Media And Conflict Under Way, Richard C. Reuben
Several Initiatives On Media And Conflict Under Way, Richard C. Reuben
Faculty Publications
Both in Arizona and in other jurisdictions, both in longstanding and newly implemented programs, both currently and more than a decade ago, court-connected arbitration does not appear to reduce, but also does not substantially improve, the effectiveness and efficiency of dispute resolution. It does, however, seem to increase litigants' access to a hearing. How aspects of program structure could enhance arbitration's performance warrants further study.
Tort Reform Renews Debate Over Mandatory Mediation, Richard C. Reuben
Tort Reform Renews Debate Over Mandatory Mediation, Richard C. Reuben
Faculty Publications
Despite the rise of the Democrats during the midterm elections, tort reform can be expected to continue to be an important topic at both the state and federal levels. This is significant for dispute resolution, because a number of the reform measures being discussed include mandatory mediation requirements for many, if not most, civil cases.
Social Conflict: Some Basic Principles, Dean G. Pruitt
Social Conflict: Some Basic Principles, Dean G. Pruitt
Journal of Dispute Resolution
The term "conflict" has two generally accepted meanings.' The first refers to overt conflict-an argument, fight, or struggle. The second refers to subjective conflict-Party's perception that Party and Other have opposing beliefs or interests, or that Other has deprived or annoyed Party in some way. The latter concept is richer for theory building than the former, in that there are several strategies Party can employ in reaction to subjective conflict. Party can take a contentious approach and retaliate, or Party can try to impose its will on Other by means of an argument, demand, or threat. This strategy is very …