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Articles 31 - 54 of 54
Full-Text Articles in Law
Symposium Introduction, Jeffrey W. Stempel
Forgetfulness, Fuzziness, Functionality, Fairness, And Freedom In Dispute Resolution: Serving Dispute Resolution Through Adjudication, Jeffrey W. Stempel
Forgetfulness, Fuzziness, Functionality, Fairness, And Freedom In Dispute Resolution: Serving Dispute Resolution Through Adjudication, Jeffrey W. Stempel
Nevada Law Journal
No abstract provided.
"An Overwhelming Question" About Non-Formal Procedure, Thomas O. Main
"An Overwhelming Question" About Non-Formal Procedure, Thomas O. Main
Nevada Law Journal
No abstract provided.
The Past And Future Of The Federal Rules In State Courts, Carl Tobias
The Past And Future Of The Federal Rules In State Courts, Carl Tobias
Nevada Law Journal
No abstract provided.
Agreeing To Disagree: A Balanced Solution To Whether Parties May Contract For Expanded Judicial Review Beyond The Faa, 36 J. Marshall L. Rev. 1005 (2003), Anthony J. Longo
Agreeing To Disagree: A Balanced Solution To Whether Parties May Contract For Expanded Judicial Review Beyond The Faa, 36 J. Marshall L. Rev. 1005 (2003), Anthony J. Longo
UIC Law Review
No abstract provided.
A New Code Of Ethics For Commercial Arbitrators: The Neutrality Of Party-Appointed Arbitrators On A Tripartite Panel, Olga K. Byrne
A New Code Of Ethics For Commercial Arbitrators: The Neutrality Of Party-Appointed Arbitrators On A Tripartite Panel, Olga K. Byrne
Fordham Urban Law Journal
This article discusses ABA and AAA revisions to the ethics code for commercial arbitrators with respect to the neutrality of arbitrators. This Note describes the importance of the tripartite panel and the new standards in the revised code of ethics. It further examines the opposing arguments concerning the role of party-appointed arbitrators with respect to neutrality. Finally, the Note proposes that the revisers educate participants in the arbitral process of the new standard demanded of all arbitrators, so as to maintain confidence and stability in arbitration.
Sound Of Dust Settling: A Response To Criticisms Of The Uma, The, Richard C. Reuben
Sound Of Dust Settling: A Response To Criticisms Of The Uma, The, Richard C. Reuben
Journal of Dispute Resolution
Continuing UMA "concerns," therefore, have a certain vestigial or residual character, often reflecting views taken in battles that were fought within the drafting sessions - sometimes fiercely - but which were incapable of producing a majority among the UMA drafters. Professor Brian Shannon's criticisms largely echo these discussions, and in this Article I seek to respond to some of them - after first extending my greatest appreciation to Professor Shannon for his willingness to be the "skunk in the parlor" of this symposium edition by generally aggregating those criticisms." In Part I, I give some of the unpublished history of …
Uniform Mediation Act And Official Comments
Uniform Mediation Act And Official Comments
Journal of Dispute Resolution
The provisions in this Act reflect the intent of the Drafters to further these public policies. The Drafters intend for the Act to be applied and construed in a way to promote uniformity, as stated in Section, and also in such manner as to: promote candor of parties through confidentiality of the mediation process, subject only to the need for disclosure to accommodate specific and compelling social interests, encourage the policy of fostering prompt, economical, and amicable resolution of disputes in accordance with principles of integrity of the mediation process, active party involvement, and informed self-determination by the parties, and …
Prohibiting Good Faith Reports Under The Uniform Mediation Act: Keeping The Adjudication Camel Out Of The Mediation Tent, Carol L. Izumi, Homer C. La Rue
Prohibiting Good Faith Reports Under The Uniform Mediation Act: Keeping The Adjudication Camel Out Of The Mediation Tent, Carol L. Izumi, Homer C. La Rue
Journal of Dispute Resolution
This symposium article examines a narrow slice of the Uniform Mediation Act - the prohibition on mediator communication to judges about a party's good faith participation or "problem" behavior in mediation.
Pre-Dispute Mandatory Arbitration Agreements And Title Vii: Promoting Efficiency While Protecting Employee Rights - Eeoc V. Luce, Forward, Hamilton & (And) Scripps, Steven S. Poindexter
Pre-Dispute Mandatory Arbitration Agreements And Title Vii: Promoting Efficiency While Protecting Employee Rights - Eeoc V. Luce, Forward, Hamilton & (And) Scripps, Steven S. Poindexter
Journal of Dispute Resolution
While the United States Supreme Court has repeatedly held that claims based on statutory rights may be vindicated by arbitration, the Court has yet to determine the validity of a pre-dispute mandatory arbitration agreement ("MAA") that covers Title VII of the Civil Rights Act of 1964 ("Title VII"). The United States Court of Appeals for the Ninth Circuit, contrary to every other district court of appeals to have considered the matter, has held that Title VII claims may not be subjected to arbitration under an MAA. The instant case once again addresses the question of whether the Ninth Circuit will …
Uma And The Uncitral Model Rule: An Emerging Consensus On Mediation And Conciliation, The, Jernej Sekolec, Michael B. Getty
Uma And The Uncitral Model Rule: An Emerging Consensus On Mediation And Conciliation, The, Jernej Sekolec, Michael B. Getty
Journal of Dispute Resolution
In this article, we describe how these two efforts have come together to forge an international consensus on mediation and conciliation. In Part I, we look at how some of the different ways that domestic nationals treat the confidentiality of conciliation communications. The disparity of these treatments leads to considerable uncertainty among parties to a conciliation. In Part II, we note the essential features of the UNCITRAL Model Law, and how it addresses this uncertainty through model rules that will harmonize international standards among adopting nations, at least on core issues, while at the same time preserving the flexibility that …
Introduction, David A. Hoffman
Introduction, David A. Hoffman
Journal of Dispute Resolution
My introduction to the issues that the Uniform Mediation Act seeks to resolve occurred about a dozen years ago when a senior partner at Hill & Barlow, the Boston law firm where I practiced for 17 years, came to me with a question. He wanted to know whether he could recommend mediation as a safe process for discussing some delicate tax issues that had arisen during the breakup of a business partnership. Evidently the partners had taken some aggressive positions on their partnership tax returns, and one of the big issues in the dissolution of the partnership was the allocation …
Dancing With The One That Brung Us - Why The Texas Adr Community Has Declined To Embrace The Uma, Brian D. Shannon
Dancing With The One That Brung Us - Why The Texas Adr Community Has Declined To Embrace The Uma, Brian D. Shannon
Journal of Dispute Resolution
I readily acknowledge that the UMA is a bold and noble project, and it is certainly the result of substantial effort and compromise. Indeed, I largely concur with the sentiment of Philip Harter that "[tihe UMA is the product of heroic effort that brought together many interests and perspectives to thrash out a workable framework for mediation." That being said, however, much of the Texas mediation community, of which I am a part, has largely opposed enactment of the UMA's framework for our state. As I have written previously, the Alternative Dispute Resolution Section of the State Bar of Texas …
Uma: Some Roads Not Taken, The, Joseph B. Stulberg
Uma: Some Roads Not Taken, The, Joseph B. Stulberg
Journal of Dispute Resolution
I do not want to overstate my claim. There is nothing in the UMA that precludes conducting a mediated conversation in a manner consistent with what I frame below as a "robust vision" of the mediator's role. The Act, however, does not provide sustained support for it and, more seriously, appears to license the type of intervener that I believe is inconsistent with basic process goals. Hence, I am conjecturing - though I do not believe it is "idle conjecturing" - as to how parties, representative, and the mediator shall conduct their mediation conference under the vision of mediation embedded …
Evaluation Of The Effect Of Court-Ordered Mediation And Proactive Case Management On The Pace Of Civil Tort Litigation In Lake County, Indiana, An, Jeffrey J. Dywan
Evaluation Of The Effect Of Court-Ordered Mediation And Proactive Case Management On The Pace Of Civil Tort Litigation In Lake County, Indiana, An, Jeffrey J. Dywan
Journal of Dispute Resolution
This author conducted a survey of mediators working with the courts in Lake County, Indiana in 1993-1994. At that time, thirty-four civil mediators were listed with the court administrator's office. The mediators were asked to track mediation cases for six months and to record the number of cases that had been referred to them for mediation, the number of cases actually mediated, the number settled, and the time to settlement after the referral to mediation
Silent Treatment: Removing The Class Action From The Plaintiff's Toolbox Without Ever Saying A Word - Bazzle V. Green Tree Fin. Corp., The, Andrea Lockridge
Silent Treatment: Removing The Class Action From The Plaintiff's Toolbox Without Ever Saying A Word - Bazzle V. Green Tree Fin. Corp., The, Andrea Lockridge
Journal of Dispute Resolution
A motion for class certification is often a pivotal point in a lawsuit, playing a determinative role throughout the course of the litigation. Plaintiffs use the class action as a tool to consolidate common claims against a defendant, bypassing the expensive process of bringing suit individually. 2 Defendants hotly contest certification of the class, seeking to avoid the ramifications of a judgment which reflects the cumulative losses of the multitude. This casenote addresses the effects of allowing an arbitration clause that is silent as to class-wide arbitration to preclude the plaintiffs' option to bring suit as a class, and the …
A Traditionalist Looks At Mediation: It's Here To Stay And Much Better Than I Thought, Stephen N. Subrin
A Traditionalist Looks At Mediation: It's Here To Stay And Much Better Than I Thought, Stephen N. Subrin
Nevada Law Journal
No abstract provided.
Judicial Mediation And Signaling, Edward J. Brunet
Judicial Mediation And Signaling, Edward J. Brunet
Nevada Law Journal
No abstract provided.
Adr Is Here: Preliminary Reflections On Where It Fits In A System Of Justice, Jean R. Sternlight
Adr Is Here: Preliminary Reflections On Where It Fits In A System Of Justice, Jean R. Sternlight
Nevada Law Journal
No abstract provided.
A Fresh Look At The Federal Rules In State Courts, John B. Oakley
A Fresh Look At The Federal Rules In State Courts, John B. Oakley
Nevada Law Journal
No abstract provided.
Procedural Provisions In Nevada Medical Malpractice Reform, Carl Tobias
Procedural Provisions In Nevada Medical Malpractice Reform, Carl Tobias
Nevada Law Journal
No abstract provided.