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1994

Dispute Resolution and Arbitration

Policy

Articles 1 - 4 of 4

Full-Text Articles in Law

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 ...


Reply To The Commentators On The Ethical Dilemmas Study, A, Robert A. Baruch Bush Jan 1994

Reply To The Commentators On The Ethical Dilemmas Study, A, Robert A. Baruch Bush

Journal of Dispute Resolution

The invitation to republish here the report on my study of mediators' ethical dilemmas was a very gratifying one. My hope was that this report would generate further thought and discussion on this important subject, and this symposium will certainly help to realize that aim. For this I am grateful to the editors of the Journal and their advisor, Professor Leonard Riskin. Moreover, the best part of this invitation was that it contemplated the publication of comments on the report from a number of well-known and thoughtful figures in the mediation field. This kind of public dialogue is something all ...


Good Policy Or Judicial Abdication: When Courts Uphold Arbitral Awards Which Are In Excess Of The Arbitrator's Jurisdiction - Hall V. Superior Court, Sharon E. Schulte Jan 1994

Good Policy Or Judicial Abdication: When Courts Uphold Arbitral Awards Which Are In Excess Of The Arbitrator's Jurisdiction - Hall V. Superior Court, Sharon E. Schulte

Journal of Dispute Resolution

Legislatures and the court system have advanced a strong policy to encourage individuals to arbitrate disputes and avoid the traditional judicial system. 2 In order to promote this policy, it is vital that arbitrators' awards be respected and upheld if at all possible. Consequently, the grounds for review of arbitration awards are limited.' One of the grounds available for vacating an arbitral decision arises when an arbitrator exceeds his or her jurisdiction by purporting to decide issues not submitted by the parties for arbitral determination. 4 This Note discusses the potential consequences to the overall policy goals of encouraging arbitration ...


Easier Said Than Done: Resolving Ethical Dilemmas In Policy And Practice, Linda Stamato Jan 1994

Easier Said Than Done: Resolving Ethical Dilemmas In Policy And Practice, Linda Stamato

Journal of Dispute Resolution

This is not to argue against core principles. There is, I think, a consensus on these: responsible and fair dealing, disclosure of personal conflicts, good faith, diligence, impartiality, confidentiality, and, certainly, honesty and integrity. I take these ethical requirements to be the sine qua non of professional mediation practice; the primary representations to be made prior to, and, indeed, to be adhered to in the course of mediation. SPIDR attempted to codify these values in its Ethical Standards of Professional Responsibility, which were adopted by the SPIDR Board in 1986 and confirmed in 1991. What we in mediation practice are ...