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Full-Text Articles in Law
Northern District Of California Adopts Early Neutral Evaluation To Expedite Dispute Resolution, David I. Levine
Northern District Of California Adopts Early Neutral Evaluation To Expedite Dispute Resolution, David I. Levine
Faculty Scholarship
No abstract provided.
Early Neutral Evaluation: The Second Phase, David I. Levine
Early Neutral Evaluation: The Second Phase, David I. Levine
Faculty Scholarship
No abstract provided.
National Law And Commercial Justice: Safeguarding Procedural Integrity In International Arbitration, William W. Park
National Law And Commercial Justice: Safeguarding Procedural Integrity In International Arbitration, William W. Park
Faculty Scholarship
The law chosen to govern the merits of an international contract dispute does not always lead to results hat satisfy an arbitrator's personal sense of what is right. The arbitrator therefore may be tempted to resolve the dispute according to his own notion of justice. Seduced away from the rules of the otherwise applicable law, the arbitrator may take on unauthorized powers of amiable composition. While most international arbitrators are conscientious in respecting the bounds of their mission, some have been known to boast of their skill in finding ways to bypass the established rules of the party-chosen law. …
Teaching Mediation As A Lawyering Role Developments, Jacqueline Nolan-Haley
Teaching Mediation As A Lawyering Role Developments, Jacqueline Nolan-Haley
Faculty Scholarship
The growth of the alternative dispute resolution (ADR) movement has generated an increased interest in the study and practice of mediation as a nonadversarial method of conflict resolution. With mediation, individuals settle their disputes using a neutral third party who has no power to impose a settlement. Historically, mediation has been widely neglected in legal education, and-except for those involved in the labor field-lawyers have not practiced it. Recent gains in visibility have not necessarily resulted in widespread acceptance of mediation. In fact, mediation has even been openly resisted by some members of the legal profession.