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1994

Dispute Resolution and Arbitration

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Articles 1 - 30 of 52

Full-Text Articles in Law

From Star To Supernova To Dark, Cold Neutron Star: The Early Life, The Explosion And The Collapse Of Arbitration, Michael Hunter Schwartz Oct 1994

From Star To Supernova To Dark, Cold Neutron Star: The Early Life, The Explosion And The Collapse Of Arbitration, Michael Hunter Schwartz

Faculty Scholarship

No abstract provided.


Wisconsin's Court-Ordered Adr Law: Potential For Resolving Libel Disputes, Michael E. Weinzierl Jul 1994

Wisconsin's Court-Ordered Adr Law: Potential For Resolving Libel Disputes, Michael E. Weinzierl

Journal of Dispute Resolution

This Article argues that the Wisconsin Judicial Council's court-ordered ADR plan, which was adopted by the Wisconsin Supreme Court in December of 1993," will benefit libel litigants by giving them an alternative to the courtroom battle. The Article discusses the interests of the plaintiff and defendant in libel litigation and how ADR will benefit each, as well as critiques the structure of current libel law. The Article also analyzes other proposed alternatives to libel litigation and evaluates their effectiveness. The Article examines the efficiency and effectiveness of Florida's dispute resolution program, which provides settlement options similar to those ...


Public Health And Safety Hazards Versus Confidentiality: Expanding The Mediation Door Of The Multi-Door Courthouse, Arlin R. Thrush Jul 1994

Public Health And Safety Hazards Versus Confidentiality: Expanding The Mediation Door Of The Multi-Door Courthouse, Arlin R. Thrush

Journal of Dispute Resolution

The public's interest in and use of alternative forms of dispute resolution has been in existence for hundreds of years.2 However, today's rejuvenated interest in alternative forms of dispute resolution can be traced to the late sixties Since that time, alternative forms of dispute resolution have been labeled the wave of the future. The growth of alternative forms of dispute resolution can be seen in the tremendous increase in programs offering dispute resolution services. In 1980, there were approximately one hundred dispute resolution programs located throughout the United States. Today, there are over four hundred dispute resolution ...


Arbitration Or Stipulation: Playing Word Games In The Federal Courts - Ddi Seamless Cylinder Int'l V. Gen. Fire Extinguisher Corp., Jeffrey T. Davis Jul 1994

Arbitration Or Stipulation: Playing Word Games In The Federal Courts - Ddi Seamless Cylinder Int'l V. Gen. Fire Extinguisher Corp., Jeffrey T. Davis

Journal of Dispute Resolution

In both its private and more recently, public (court-annexed) forms, arbitration has proven to be an effective tool in fighting the explosion of litigation. In certain contexts, however, some dispute has arisen as to who can actually be an arbitrator. DDI Seamless Cylinder provides an excellent example of this newly disputed area in the framework of the federal courts.


Reevaluating The Nursing Home Ombudsman's Role With A View Toward Expanding The Concept Of Dispute Resolution, Jeffrey S. Kahana Jul 1994

Reevaluating The Nursing Home Ombudsman's Role With A View Toward Expanding The Concept Of Dispute Resolution, Jeffrey S. Kahana

Journal of Dispute Resolution

The aim of this Article is to examine the function of the ombudsman in the context of long-term health care facilities.6 The first part of the Article will consider the broader history and purposes of the office of the ombudsman. The second part will focus on the traditional methods used to ensure quality of care in the nursing home. The third part will examine the specific role played by the ombudsman in the ecological context of the nursing home. Finally, the fourth part will consider the effectiveness of the nursing home ombudsman as an alternative form of dispute resolution ...


Court Lets Go Of The Reins: Runaway Escrow Agent Binds Principals To Arbitration Agreement - 99 Commercial Street, Inc. V. Goldberg, Karen E. Martin Jul 1994

Court Lets Go Of The Reins: Runaway Escrow Agent Binds Principals To Arbitration Agreement - 99 Commercial Street, Inc. V. Goldberg, Karen E. Martin

Journal of Dispute Resolution

Arbitration agreements are a step in the right direction for alternate dispute resolution. Obviously, before a court can grant a motion to compel arbitration pursuant to such an agreement, it must find that both parties are, indeed, bound by that agreement.' Although a traditional contract law analysis is ordinarily used to determine who is bound to a contract containing an arbitration provision, when an escrow agent acting on behalf of one party to a contract binds that party to an agreement to arbitrate, traditional contract law analysis must be altered to take into account the extent of an escrow agent ...


Union Walks In The Sixth: The Integrity Of Mandatory Non-Binding Grievance Procedures In Collective Bargaining Agreements - At & (And) T V. Communications Workers Of America, Afl-Cio, The, Mark Riley Kroeker Jul 1994

Union Walks In The Sixth: The Integrity Of Mandatory Non-Binding Grievance Procedures In Collective Bargaining Agreements - At & (And) T V. Communications Workers Of America, Afl-Cio, The, Mark Riley Kroeker

Journal of Dispute Resolution

There are many mechanisms short of industrial action which labor unions and employers use to resolve disputes. Anticipating conflict, but aiming to avoid industrial action, the two parties might place an arbitration agreement or other mandatory grievance adjustment procedure into their collective bargaining agreement. This agreement will reflect the parties' understanding as to how disputes are to be resolved. This Note examines the limited circumstances in which the federal courts will enjoin union protest activity carried out in violation of a collective bargaining agreement's provisions regarding dispute resolution. It focuses on the analytic inconsistency of the judicial refusal to ...


Public Employee Bargaining Rights: An Avenue For Success For The Majority Or A Trap For The Minority - Wrinkle V. International Union Of Operating Engineers, Local 2, Afl-Cio, Greg W. Pearman Jul 1994

Public Employee Bargaining Rights: An Avenue For Success For The Majority Or A Trap For The Minority - Wrinkle V. International Union Of Operating Engineers, Local 2, Afl-Cio, Greg W. Pearman

Journal of Dispute Resolution

The rights of public employees are governed by state statute and the state or federal constitution.2 Wrinkle, a case of first impression in Missouri,3 presents the issue of whether a group of employees, constituting a minority of an existing bargaining unit, have the right to appeal a State Board of Mediation determination which prevented them from forming a separate bargaining unit.


Recent Developments: The Uniform Arbitration Act, Dawn Chapman, Carol Creamer, Cynthia Davenport, Tim Gorman Jul 1994

Recent Developments: The Uniform Arbitration Act, Dawn Chapman, Carol Creamer, Cynthia Davenport, Tim Gorman

Journal of Dispute Resolution

Recent Developments: The Uniform Arbitration Act, a project prepared annually since 1983, is a survey of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A."). 3 Currently, thirty-four states and the District of Columbia have adopted arbitration statutes patterned after the U.A.A. 4 The purpose of this project is to promote uniformity in interpretation of the U.A.A. by explaining the underlying policies and rationales of recent court decisions.'


The Uncitral Framework For Arbitration In Contemporary Perspective, Alyssa A. Grikscheit May 1994

The Uncitral Framework For Arbitration In Contemporary Perspective, Alyssa A. Grikscheit

Michigan Law Review

A Review of The UNCITRAL Framework for Arbitration in Contemporary Perspective by Isaak I. Dore


Arbitration Awards In Shaff V. Skahill, Jacob Frumkin Mar 1994

Arbitration Awards In Shaff V. Skahill, Jacob Frumkin

University of the District of Columbia Law Review

In Shaff v. SkahilP the District of Columbia Court of Appeals held that arbitrators' awards may only be reviewed if the moving party alleges a violation of the District of Columbia Uniform Arbitration Act.2 From a policy perspective, this decision may be read as subverting the very objective it purports to support encouraging the use of arbitration.3 In brief, this decision may discourage homeowners from agreeing to arbitrate disputes and appears to penalize those who do. Furthermore, this decision may be read as weakening the Home Improvement Business Act4 by providing a loophole for unlicensed and unbonded de ...


The Last Gap In Negotiations - Why Is It Important? How Can It Be Crossed?, John Wade Jan 1994

The Last Gap In Negotiations - Why Is It Important? How Can It Be Crossed?, John Wade

John Wade

This paper discusses some basic principles concerning negotiation, including preparation for negotiation, negotiation styles, opening offers, the stages of negotiation and strategies and ethics. The last gap in negotiation is the step necessary to reach an agreement between the negotiating parties. This paper also addresses the importance of the last gap, whether the last gap be avoided, how to cross the last gap in negotiations, and available options for crossing the last gap in negotiations.


From Star To Supernova To Dark, Cold Neutron Star: The Early Life, The Explosion And The Collapse Of Arbitration, Michael Hunter Schwartz Jan 1994

From Star To Supernova To Dark, Cold Neutron Star: The Early Life, The Explosion And The Collapse Of Arbitration, Michael Hunter Schwartz

McGeorge School of Law Scholarly Articles

No abstract provided.


Arbitration - The Third Circuit Re-Examines Its Traditional Approach To Adjudication Of Erisa Claims, Sarah E. Bouchard Jan 1994

Arbitration - The Third Circuit Re-Examines Its Traditional Approach To Adjudication Of Erisa Claims, Sarah E. Bouchard

Villanova Law Review

No abstract provided.


Opening Offers And Out-Of-Court Settlement: A Little Moderation May Not Go A Long Way, Chris Guthrie, Russell Korobkin Jan 1994

Opening Offers And Out-Of-Court Settlement: A Little Moderation May Not Go A Long Way, Chris Guthrie, Russell Korobkin

Vanderbilt Law School Faculty Publications

When two litigants resolve a dispute through out-of-court settlement rather than trial, they realize joint gains of trade equal to the sum of the costs both parties would have incurred had they obtained a trial judgment minus the costs they incur reaching settlement. This opportunity for mutual gain causes most civil lawsuits to settle out-of-court. Yet, in spite of the opportunity for joint gain, negotiations fail in a significant number of lawsuits. One reason for this surprising result is that even when joint gains are substantial and obvious to the litigants, they still must agree on a method of dividing ...


The International Commercial Arbitration Explosion: More Rules, More Laws, More Books, So What?, James H. Carter Jan 1994

The International Commercial Arbitration Explosion: More Rules, More Laws, More Books, So What?, James H. Carter

Michigan Journal of International Law

Review of The UNCITRAL Framework for Arbitration in Contemporary Perspective by Isaak I. Dore


The Obligation To Negotiate In International Law: Rules And Realities, Martin A. Rogoff Jan 1994

The Obligation To Negotiate In International Law: Rules And Realities, Martin A. Rogoff

Michigan Journal of International Law

Considered in this article is the important question of whether the obligation to negotiate imposes an affirmative obligation on a state to seek actively negotiations with the other interested state or states before it can legally engage in certain activities, or whether the obligation to negotiate simply requires the state subject to the obligation to respond favorably when asked by the other state or states to enter into negotiations.


The Vanishing Precedent: Eduardo Meets Vacatur, Jill E. Fisch Jan 1994

The Vanishing Precedent: Eduardo Meets Vacatur, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


The Release-Dismissal Agreement: An Imperfect Instrument Of Dispute Resolution, Ken Takahashi Jan 1994

The Release-Dismissal Agreement: An Imperfect Instrument Of Dispute Resolution, Ken Takahashi

Washington University Law Review

No abstract provided.


M.S. In Dispute Resolution Handbook, Nova Southeastern University Jan 1994

M.S. In Dispute Resolution Handbook, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.


The Continuing Controversy Over Labor Board Deferral To Arbitration--An Alternative Approach, 24 Stetson L. Rev. 175 (1994), Gerald E. Berendt, David A. Youngerman Jan 1994

The Continuing Controversy Over Labor Board Deferral To Arbitration--An Alternative Approach, 24 Stetson L. Rev. 175 (1994), Gerald E. Berendt, David A. Youngerman

UIC Law Open Access Faculty Scholarship

No abstract provided.


Ph.D. In Dispute Resolution Student Handbook, Nova Southeastern University Jan 1994

Ph.D. In Dispute Resolution Student Handbook, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.


What Happens When Mediation Is Institutionalized?: To The Parties, Practitioners And Host Institutions, Sharon Press Jan 1994

What Happens When Mediation Is Institutionalized?: To The Parties, Practitioners And Host Institutions, Sharon Press

Faculty Scholarship

The Alternative Dispute Resolution Section of the Association of American Law Schools presented a program, at the 1994 AALS Conference, on the institutionalization of mediation – through court-connected programs and otherwise. The topic is an important one, because this phenomenon has become increasingly common. Moreover, the topic seemed especially appropriate for the 1994 program, since Florida – the host state for the conference – was one of the first states to adopt a comprehensive statute providing for court-ordered mediation (at the trial judge’s option) in civil disputes of all kinds. The move toward institutionalizing mediation has raised many questions, and the program ...


Cartesian Logic And Frontier Politics: French And American Concepts Of Arbitrability, Thomas E. Carbonneau, Francois Janson Jan 1994

Cartesian Logic And Frontier Politics: French And American Concepts Of Arbitrability, Thomas E. Carbonneau, Francois Janson

Journal Articles

This comparative essay represents an attempt to introduce a measure of counterpoise in a growing and much-heralded development in the world law of arbitration. Recent decisional law in the United States, France, and other countries have challenged the strategic significance of the concept of arbitrability in the legal regulation of arbitration. The essay seeks, first, to clarify the function of arbitrability in the law of arbitration and, second, to argue against its judicial deconstruction in either the international or domestic context. The key objective of the analysis is to demonstrate the vital role of demarcation that arbitrability plays between state ...


Worms, Mice, Cows And Pigs: The Importance Of Animal Patents In Developing Countries, Elisabeth T. Jozwiak Jan 1994

Worms, Mice, Cows And Pigs: The Importance Of Animal Patents In Developing Countries, Elisabeth T. Jozwiak

Northwestern Journal of International Law & Business

Transgenic animals play a large role in several critical industries: the pharmaceutical industry, the agricultural industry, farming, and medical research. As these biotechnology-oriented industries have grown, the United States and other industrialized nations have realized the importance of patent protection for genetically-engineered animals. Unfortunately, lesser-developed countries (LDCs), which can benefit the most from such industries, do not provide adequate patent protection for transgenic animals, even though patent protection for transgenic animals could ultimately lead to reduction in starvation and disease, two of the biggest problems facing many LDCs. The United States should pursue bilateral negotiations with developing countries in the ...


Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman Jan 1994

Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman

Law Faculty Scholarly Articles

The comparison of different legal systems offers a number of analytical and research advantages, one of which is that it provides a laboratory for observing differences and similarities in the ways in which common regulatory and dispute resolution models operate in similar and dissimilar environments. This Essay uses that laboratory to illustrate how the bargaining strength model presented in Settling for More: Mastering Negotiation Strategies and Techniques can be applied in analyzing mediatory interventions and provide a better understanding of (a) how such interventions can be utilized most effectively, (b) when they are useful, (c) when they are superfluous, and ...


Psychological Barriers To Litigation Settlement: An Experimental Approach, Chris Guthrie, Russell Korobkin Jan 1994

Psychological Barriers To Litigation Settlement: An Experimental Approach, Chris Guthrie, Russell Korobkin

Vanderbilt Law School Faculty Publications

The traditional economic model of settlement breakdown -- as developed by Priest and Klein -- provides an important first step in understanding why some lawsuits settle and others go to trial. Rational miscalculation undoubtedly pushes some litigants into court who might otherwise reach out-of-court settlement. Absent miscalculation, however, some litigants still find themselves in court. We have presented experimental evidence suggesting that these litigants may proceed to trial because psychological barriers to value maximizing behavior impede their settlement efforts. Indeed, our research empirically grounds the hypothesis that psychological barriers are powerful causal agents of trials. The usefulness of this evidence does not ...


Divergent Strategies: Union Organizing And Alternative Dispute Resolution, Theodore J. St. Antoine Jan 1994

Divergent Strategies: Union Organizing And Alternative Dispute Resolution, Theodore J. St. Antoine

Articles

The Commission on the Future of Worker-Management Relations, the so-called "Dunlop Commission," is focusing on three principal subjects: (1) union organizing, (2) worker participation in management decision making, and (3) alternative dispute resolution (ADR). I am going to concentrate on the last, but first I would like to say a few words about union organizing. After all, unionization and collective bargaining - and for that matter, worker participation as well - can fairly be viewed as special forms of alternative dispute resolution.


Table Of Contents - Issue 1 Jan 1994

Table Of Contents - Issue 1

Journal of Dispute Resolution

No abstract provided.


Study Of Ethical Dilemmas And Policy Implications, A, Robert A. Baruch Bush, Jan 1994

Study Of Ethical Dilemmas And Policy Implications, A, Robert A. Baruch Bush,

Journal of Dispute Resolution

This paper is based on research sponsored by the National Institute for Dispute Resolution and by Hofstra University School of Law. The research involved interviews with roughly eighty mediators working in one of the three areas mentioned above. The mediators were asked to identify situations they had experienced in mediation that, in their view, raised difficult ethical dilemmas on which they felt the need for guidance by professional standards and program policy. This report summarizes and illustrates the findings of the research as to the major types of dilemmas practicing mediators are confronted with and analyzes these dilemmas and their ...