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Articles 1 - 18 of 18
Full-Text Articles in Law
Re Canada Post Corp And Cupw, Innis Christie
Re Canada Post Corp And Cupw, Innis Christie
Innis Christie Collection
The Union alleges that the Employer designated certain wicket positions as "bilingual imperative" without regard to the staffing requirements of the Collective Agreement. The Employer claims that this action was required according to official recommendations by the Commissioner of Official Languages, acting under the Official Languages Act. Employees being promoted to, or transferred into, designated wicket positions must be bilingual. The Union argues that the Employer is bound to assign positions on the basis of seniority under the Collective Agreement. Their position is that the Commissioner's recommendations do not have the force of law and the Employer is able to …
From Star To Supernova To Dark, Cold Neutron Star: The Early Life, The Explosion And The Collapse Of Arbitration, Michael Hunter Schwartz
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.
Re University Of Saskatchewan Faculty Association And University Of Saskatchewan, Innis Christie, Nancy Hopkins, Suzie Scott
Re University Of Saskatchewan Faculty Association And University Of Saskatchewan, Innis Christie, Nancy Hopkins, Suzie Scott
Innis Christie Collection
This is the determination of an Arbitration Committee established to hear and determine whether or not the grounds for the President's recommendation for the dismissal of Lucinda Vandervort, a tenured Associate Professor, are established and, if established, whether or not they constitute good and sufficient cause for dismissal. The Committee has already issued an interim decision that, even if established, the grounds for the President's recommendation for dismissal do not constitute good and sufficient cause for dismissal and Professor Vandervort has been fully reinstated pending this determination. We advised the parties of our conclusion to that effect after the University …
From Star To Supernova To Dark, Cold Neutron Star: The Early Life, The Explosion And The Collapse Of Arbitration, Michael Hunter Schwartz
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.
Ph.D. In Dispute Resolution Student Handbook, Nova Southeastern University
Ph.D. In Dispute Resolution Student Handbook, Nova Southeastern University
College of Arts, Humanities, and Social Sciences Course Catalogs
No abstract provided.
M.S. In Dispute Resolution Handbook, Nova Southeastern University
M.S. In Dispute Resolution Handbook, Nova Southeastern University
College of Arts, Humanities, and Social Sciences Course Catalogs
No abstract provided.
Cartesian Logic And Frontier Politics: French And American Concepts Of Arbitrability, Thomas E. Carbonneau, Francois Janson
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 …
The Continuing Controversy Over Labor Board Deferral To Arbitration--An Alternative Approach, 24 Stetson L. Rev. 175 (1994), Gerald E. Berendt, David A. Youngerman
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.
What Happens When Mediation Is Institutionalized?: To The Parties, Practitioners And Host Institutions, Sharon Press
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 …
International Environmental Dispute Resolution: The Dispute Between Slovakia And Hungary Concerning Construction Of The Gabcikovo And Nagymaros Dams, Paul Williams
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Psychological Barriers To Litigation Settlement: An Experimental Approach, Chris Guthrie, Russell Korobkin
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 …
Flames On The Wires: Mediating From An Electronic Cottage, Ian Macduff
Flames On The Wires: Mediating From An Electronic Cottage, Ian Macduff
Research Collection Yong Pung How School Of Law
This article reflects on a curiosity of modern life, in that it is a very preliminary comment on a kind of mediation that does not involve me moving beyond the desk where my computer is located. It is a mediator's parallel to armchair travelling, with the difference here being that the experience is not vicarious, though it is certainly remote.
Disputing Through Agents: Cooperation And Conflict Between Lawyers In Litigation, Ronald J. Gilson, Robert H. Mnookin
Disputing Through Agents: Cooperation And Conflict Between Lawyers In Litigation, Ronald J. Gilson, Robert H. Mnookin
Faculty Scholarship
Do lawyers facilitate dispute resolution or do they instead exacerbate conflict and pose a barrier to the efficient resolution of disputes? A distinctive characteristic of our formal mechanisms of conflict resolution is that clients carry on their disputes through lawyers. Yet, at a time when the role of lawyers in dispute resolution has captured not only public but political attention, social scientists have remained largely uninterested in the influence of lawyers on the disputing process. This is not to say that academics have ignored the growth in civil litigation in the United States. Economists have developed an extensive literature that …
Opening Offers And Out-Of-Court Settlement: A Little Moderation May Not Go A Long Way, Chris Guthrie, Russell Korobkin
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 Vanishing Precedent: Eduardo Meets Vacatur, Jill E. Fisch
The Vanishing Precedent: Eduardo Meets Vacatur, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
What Happens When Mediation Is Institutionalized?: To The Parties, Practitioners, And Host Institutions, James J. Alfini, John Barkai, Robert Baruch Bush, Michele Hermann, Jonathan Hyman, Kimberlee Kovach, Carol B. Liebman, Sharon Press, Leonard Riskin
What Happens When Mediation Is Institutionalized?: To The Parties, Practitioners, And Host Institutions, James J. Alfini, John Barkai, Robert Baruch Bush, Michele Hermann, Jonathan Hyman, Kimberlee Kovach, Carol B. Liebman, Sharon Press, Leonard Riskin
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 courtconnected programs and otherwise. The topic is an important one, because this phenomenon has become increasingly common in recent years. 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 …
Divergent Strategies: Union Organizing And Alternative Dispute Resolution, Theodore J. St. Antoine
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.
Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman
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 …