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- Mediation (13)
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- Conflict resolution (3)
- Labor arbitration (3)
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- Labor disputes (2)
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- Uniform arbitration act (2)
Articles 1 - 30 of 55
Full-Text Articles in Law
On Apology And Consilience, Erin Ann O'Hara, Douglas Yarn
On Apology And Consilience, Erin Ann O'Hara, Douglas Yarn
Washington Law Review
This Article joins the current debate about the proper relationship between apology and the law. Several states are considering legislation designed to shield apologies from the courtroom, and mediators are increasing their focus on the importance of apologies. The article develops an evolutionary economic analysis of apology that combines the tools of economics, game theory, and biology to more fully understand its role in dispute resolution. When the analysis is applied to the uses of apology before and at trial, a more sophisticated understanding of the relationship between apology and the law emerges.
The Unanswered Question From Green Tree Financial Corp. V. Randolph: How Much Is Too Much Before The Costs Of Arbitration Become A Barrier To Due Process?, Robert W. Abel
University of Miami Law Review
No abstract provided.
How Important Is A Title? An Examination Of The Private Law Created By The Motion Picture Association Of America, Edward Robert Mccarthy
How Important Is A Title? An Examination Of The Private Law Created By The Motion Picture Association Of America, Edward Robert Mccarthy
University of Miami Law Review
No abstract provided.
Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware
Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware
University of Miami Law Review
No abstract provided.
Is The U.S. Out On A Limb? Comparing The U.S. Approach To Mandatory Consumer And Employment Arbitration To That Of The Rest Of The World, Jean R. Sternlight
Is The U.S. Out On A Limb? Comparing The U.S. Approach To Mandatory Consumer And Employment Arbitration To That Of The Rest Of The World, Jean R. Sternlight
University of Miami Law Review
No abstract provided.
Ethics Issues In Arbitration And Related Dispute Resolution Processes: What's Happening And What's Not, Carrie Menkel-Meadow
Ethics Issues In Arbitration And Related Dispute Resolution Processes: What's Happening And What's Not, Carrie Menkel-Meadow
University of Miami Law Review
No abstract provided.
Tweaking The Market For Autonomy: A Problem-Solving Perspective To Informed Consent In Arbitration, Clark Freshman
Tweaking The Market For Autonomy: A Problem-Solving Perspective To Informed Consent In Arbitration, Clark Freshman
University of Miami Law Review
No abstract provided.
In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher
In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher
University of Miami Law Review
No abstract provided.
The Ballad Of Transborder Arbitration, Thomas E. Carbonneau
The Ballad Of Transborder Arbitration, Thomas E. Carbonneau
University of Miami Law Review
No abstract provided.
Self-Determination In Dispute System Design And Employment Arbitration, Lisa B. Bingham
Self-Determination In Dispute System Design And Employment Arbitration, Lisa B. Bingham
University of Miami Law Review
No abstract provided.
Cyberspace And Domain Name Disputes: A Look At The Forums And Remedies Available To Trademark Holders In Cyberspace, J. Kyle Mccurry
Cyberspace And Domain Name Disputes: A Look At The Forums And Remedies Available To Trademark Holders In Cyberspace, J. Kyle Mccurry
Journal of Dispute Resolution
The purpose of this Comment is to define the scope and advantages of using both the UDRP and the ACPA. In the same regard, this Comment looks at the limitations of the UDRP and the ACPA and the problems which have arisen in the arbitrations and cases that have come under both.
Retaining Bargained-For Finality And Judicial Review In Labor Arbitration Decisions: Dual Interests Preserved In Major League Baseball Players Association V. Garvey - Major League Baseball Players Assn. V. Garvey, Emily J. Huitsing
Journal of Dispute Resolution
Arbitration has for years been the principal means of labor dispute resolution. As a part of labor contracts, workers agree to arbitrate disputes with their employers, bargaining for this forum as their choice method of dispute resolution. Occasionally, however, the decision of an arbitrator strays far from what a court believes the outcome of the dispute between employer and employee should be. In these cases, a conflict arises between the finality and stability of the bargained-for arbitrator's decision and the need for judicial upset of clearly errant arbitral decisions
Culture Change - A Tale Of Two Cities And Mandatory Court-Connected Mediation, Julie Macfarlane
Culture Change - A Tale Of Two Cities And Mandatory Court-Connected Mediation, Julie Macfarlane
Journal of Dispute Resolution
This is the first study to ask Canadian lawyers to describe in depth what they really think about mediation and the impact it has had on their litigation practices.'3 Their responses are rich, reflective and diverse. Many different understandings of mediation goals within litigation are present in the legal profession itself, and this lack of consensus is reflected in the results of this study. Before explaining the methodology of the study, it is useful to first set out its theoretical premises and to relate these to previous research on the legal profession which offer important insights relevant to the development …
Cookie Cutter Syndrome: Legal Reform Assistance Under Post-Communist Democratization Programs, The, Cynthia Alkon
Cookie Cutter Syndrome: Legal Reform Assistance Under Post-Communist Democratization Programs, The, Cynthia Alkon
Journal of Dispute Resolution
This article begins with a brief background of ADR, democratization programs, and legal reform programs. Section Three describes the Cookie Cutter Syndrome and examines the assumptions that shape legal reform efforts and that impact if and how ADR is used. Section Four examines how legal and judicial reform programs could look more broadly at using various forms of ADR to more effectively change the legal cultures in post-communist societies. The article concludes that legal reform assistance needs to further individualize programs for the conditions in specific countries, and that assistance programs should more fully integrate ADR. I do not recommend …
Does An Employee's Binding Arbitration Agreement Limit The Enforcement Of Powers Of The Eeoc: The Supreme Court Rules That It Does Not - Equal Employment Opportunity Comm. V. Waffle House, Adam W. Graves
Journal of Dispute Resolution
The friction between the FAA and Title VII arises when an injured employee has signed an arbitration agreement with an employer and subsequently experiences discrimination in some fashion in the workplace. The FAA would require that the employee take the action to arbitration, whereas if the EEOC found probable cause, it could file in its own name and avoid the arbitration agreement. So, should the EEOC be allowed to recover on the behalf of an employee who has signed an arbitration agreement? A circuit split on this issue prompted the Supreme Court to grant certiorari in EEOC v. Waffle House."
Uniform Arbitration Act Update - Foreword, The, Timoth J. Heinsz
Uniform Arbitration Act Update - Foreword, The, Timoth J. Heinsz
Journal of Dispute Resolution
The standard for review of arbitrator awards remains a hotly litigated topic. Pelc v. Petoskey, Hough v. State Farm Insurance, and Hart v. McChristian are examples of the limited review even when arbitral awards are challenged for errors of law or of fact. The student project covers these and many other cases decided under the UAA. All attorneys handling cases under the UAA, scholars writing on issues relating to the Act, and judges determining cases involving the statute should consider this comprehensive and high quality case analysis.
Recent Developments: The Uniform Arbitration Act, Jamie Hansen, Daniel L. Massey, Dustin C. Read, Natalie A. Voris
Recent Developments: The Uniform Arbitration Act, Jamie Hansen, Daniel L. Massey, Dustin C. Read, Natalie A. Voris
Journal of Dispute Resolution
Since 1983, this annual Article 2 has been prepared to provide a survey of recent developments in the case law interpreting and applying the various state versions of the Uniform Arbitration Act3. The purpose is to promote uniformity in the interpretation of the U.A.A. by developing and explaining the underlying principles and rationales courts have applied in recent cases.4
Oh, Ye Of Little (Good) Faith: Questions, Concerns And Commentary On Efforts To Regulate Participant Conduct In Mediations, Roger L. Carter
Oh, Ye Of Little (Good) Faith: Questions, Concerns And Commentary On Efforts To Regulate Participant Conduct In Mediations, Roger L. Carter
Journal of Dispute Resolution
There are many types of mediation. This article focuses exclusively on mediations within Professor Lande's "liti-mediation culture" - those dealing with disputes that are or may become the subject of litigation. I address both court-connected and private mediations as I believe that the potential for bad faith exists in both. Following this Introduction, in Part II, I examine definitions of "good faith" in mediation, I then review commentary and case law on good faith requirements. In Part III, I argue that certain objectively determinable behavior ought to be proscribed. By contrast, some good faith standards adopted by courts or advocated …
To Sever Or To Destroy: The Eighth Circuit Allows Invalid Provisions To Be Served From Otherwise Enforceable Arbitration Agreements, Michael K. Daming
To Sever Or To Destroy: The Eighth Circuit Allows Invalid Provisions To Be Served From Otherwise Enforceable Arbitration Agreements, Michael K. Daming
Journal of Dispute Resolution
The Federal Arbitration Act ("FAA") allows for arbitration to be a medium by which parties may settle disputes more expeditiously than litigation. The FAA declares specifically that written agreements to resolve disputes through arbitration are "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.,' 2
The Use Of Arbitration By Federal Agencies To Solve Environmental Disputes: All Wrapped Up In Red Tape, Sarah B. Belter
The Use Of Arbitration By Federal Agencies To Solve Environmental Disputes: All Wrapped Up In Red Tape, Sarah B. Belter
University of Miami Law Review
No abstract provided.
State Court Attempts To Limit The Applicability Of The Federal Arbitration Act In A Post Lopez World, Kristen Brown
State Court Attempts To Limit The Applicability Of The Federal Arbitration Act In A Post Lopez World, Kristen Brown
University of Miami Law Review
No abstract provided.
Online Arbitration Of Cross-Border, Business To Consumer Disputes, Karen Sewart, Joseph Matthews
Online Arbitration Of Cross-Border, Business To Consumer Disputes, Karen Sewart, Joseph Matthews
University of Miami Law Review
No abstract provided.
Appellate Mediation In New Mexico: An Evaluation, Roger A. Hanson, Richard Becker
Appellate Mediation In New Mexico: An Evaluation, Roger A. Hanson, Richard Becker
The Journal of Appellate Practice and Process
No abstract provided.
Mediating Ethically: The Limits Of Codes Of Conduct And The Potential Of A Reflective Practice Model, Julie Macfarlane
Mediating Ethically: The Limits Of Codes Of Conduct And The Potential Of A Reflective Practice Model, Julie Macfarlane
Osgoode Hall Law Journal
Discussions regarding the appropriate ethical behaviours for mediators and the subsequent development of formal codes of conduct have focused on hallmark issues such as third party impartiality and party self-determination. However, in an informal process, ethical choices are inherent in every intervention made by a mediator. In adopting the standard-setting approach of an adjudicative model, mediator codes of conduct are a poor fit with the conceptual and structural characteristics of this fluid, uncertain, and essentially private process. Confining the substantive and conceptual debate over mediation ethics to formal codes dangerously underestimates both the scope and the significance of choices faced …
The Duckwater Shoshone Drug Court, 1997-2000: Melding Traditional Dispute Resolution With Due Process, Ronald Eagleye Johnny
The Duckwater Shoshone Drug Court, 1997-2000: Melding Traditional Dispute Resolution With Due Process, Ronald Eagleye Johnny
American Indian Law Review
No abstract provided.
Conflict In Health Care Organizations, Mary Etta C. Mills
Conflict In Health Care Organizations, Mary Etta C. Mills
Journal of Health Care Law and Policy
No abstract provided.
Managing Conflict In An Urban Health Care Setting: What Do "Experts" Know?, Kenneth Kressel, Cheryl Ann Kennedy, Elise Lev, Louise Taylor
Managing Conflict In An Urban Health Care Setting: What Do "Experts" Know?, Kenneth Kressel, Cheryl Ann Kennedy, Elise Lev, Louise Taylor
Journal of Health Care Law and Policy
No abstract provided.
Mediation And Medicare Part A Provider Appeals: A Useful Alternative, Kathleen Scully-Hayes
Mediation And Medicare Part A Provider Appeals: A Useful Alternative, Kathleen Scully-Hayes
Journal of Health Care Law and Policy
No abstract provided.
Confidential From General Counsel To Ceo:"I'M Fed Up, And We're Not Going To Take This Anymore!", Karl A. Slaikeu, Diane W. Slaikeu
Confidential From General Counsel To Ceo:"I'M Fed Up, And We're Not Going To Take This Anymore!", Karl A. Slaikeu, Diane W. Slaikeu
Journal of Health Care Law and Policy
No abstract provided.
A Culture Of Conflict: Lessons From Renegotiating Health Care, Leonard J. Marcus
A Culture Of Conflict: Lessons From Renegotiating Health Care, Leonard J. Marcus
Journal of Health Care Law and Policy
No abstract provided.