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Articles 1 - 17 of 17
Full-Text Articles in Law
Adr Through A Cultural Lens: How Cultural Values Shape Our Disputing Processes, Julia Ann Gold
Adr Through A Cultural Lens: How Cultural Values Shape Our Disputing Processes, Julia Ann Gold
Journal of Dispute Resolution
I arrived for my second Nepali language class on time, but the teacher kept chatting about inconsequential things. I was paying by the hour, and we had already spent 25 minutes talking about nothing! A week later, I received an invitation to an art exhibit. The location was "Royal Museum," so that is where I went, only to find an empty building and no people. What had I missed? In my first meeting with the Dean of the Law Campus, we talked about trekking, the upcoming religious holidays, his visit to Seattle two years ago, relatives in the United States, …
Why Further Development Of Adr In Latin America Makes Sense: The Venezuelan Model, Jose Alberto Ramirez Leon
Why Further Development Of Adr In Latin America Makes Sense: The Venezuelan Model, Jose Alberto Ramirez Leon
Journal of Dispute Resolution
This paper argues that Venezuelan society would benefit from further development of ADR. Part II will provide an overview of the main problems affecting the Venezuelan judiciary, part III will provide a background of ADR in the country, part IV will identify the main challenges the field has to overcome, part V will propose a different approach, and part VI will present the conclusion.
A Participatory Approach To Understanding Conflict In Health Care, Coby Anderson, Linda D'Antonio
A Participatory Approach To Understanding Conflict In Health Care, Coby Anderson, Linda D'Antonio
Georgia State University Law Review
No abstract provided.
The Next Generation Of Medical Malpractice Dispute Resolution: Alternatives To Litigation, Ellenwood F. Oakley Iii
The Next Generation Of Medical Malpractice Dispute Resolution: Alternatives To Litigation, Ellenwood F. Oakley Iii
Georgia State University Law Review
No abstract provided.
The Culture Of Health Care: How Professional And Organizational Cultures Impact Conflict Management, Debra Gerardi
The Culture Of Health Care: How Professional And Organizational Cultures Impact Conflict Management, Debra Gerardi
Georgia State University Law Review
No abstract provided.
Postscript On Health Care Dispute Resolution: Conflict Management And The Role Of Culture, Edward A. Dauer
Postscript On Health Care Dispute Resolution: Conflict Management And The Role Of Culture, Edward A. Dauer
Georgia State University Law Review
No abstract provided.
Mediation Within The Health Care Industry: Hurdles And Opportunities, Mark R. Lebed, John J. Mccauley
Mediation Within The Health Care Industry: Hurdles And Opportunities, Mark R. Lebed, John J. Mccauley
Georgia State University Law Review
No abstract provided.
Foreword To The Symposium: Therapeutic Approaches To Conflict Resolution In Health Care Settings, Charity Scott
Foreword To The Symposium: Therapeutic Approaches To Conflict Resolution In Health Care Settings, Charity Scott
Georgia State University Law Review
No abstract provided.
The Bench Trial: A More Beneficial Alternative To Arbitration Of Title Vii Claims, Dianne Larocca
The Bench Trial: A More Beneficial Alternative To Arbitration Of Title Vii Claims, Dianne Larocca
Chicago-Kent Law Review
An increasing percentage of the workforce in the United States is covered by pre-dispute mandatory arbitration agreements through which employees waive their right to bring suit under Title VII. Although these agreements are an important avenue for the resolution of disputes between employers and employees, these agreements have proved unsatisfactory. In this Article, I describe the advantages and disadvantages of arbitration agreements for employers and employees. I then explore whether pre-dispute mandatory arbitration agreements through which employees waive their right to a jury trial and agree to a bench trial of their Title VII claims are a more beneficial alternative. …
The Market For Private Dispute Resolution Services -- An Empirical Re-Assessment Of Icann-Udrp Performance, Jay P. Kesan
The Market For Private Dispute Resolution Services -- An Empirical Re-Assessment Of Icann-Udrp Performance, Jay P. Kesan
ExpressO
This paper presents the first, thorough empirical study of the performance of UDRP providers. We analyze the decisions of the complainants in deciding to send their claim to a particular provider and showing that the duration of the dispute resolution services is at least as important as bias in determining the initial selection of providers. Our results show that the emphasis of theoretical and empirical work, which has been exclusively concentrated around the effects of pro-complainant bias, is incomplete. We then use the duration of these cases as the main variable to measure the general efficiency of each provider. Among …
Adr: The New Equity, Thomas O. Main
Adr: The New Equity, Thomas O. Main
ExpressO
This article joins an important conversation about the proper role of alternative dispute resolution (“ADR”) in the administration of civil justice. Both ADR and formal adjudication are being reconceptualized as ADR matures into an alternative system, and as ADR methods and methodology are incorporated into formal adjudication. Professor Main invokes the history of Equity, another “alternative” system, to inform our understanding of the forms and limits of ADR. He envisions ADR and formal adjudication as dual systems of dispute resolution, and uses the Equity analogue as a template to develop a theory of ADR.
A Proposed Model Rule For Collaborative Law, Christopher M. Fairman
A Proposed Model Rule For Collaborative Law, Christopher M. Fairman
Christopher M Fairman
No abstract provided.
Business, Labor And Law In The Global Economy: Resolution Of International Employment And Labor Disputes, William K. Slate Ii
Business, Labor And Law In The Global Economy: Resolution Of International Employment And Labor Disputes, William K. Slate Ii
Richmond Journal of Global Law & Business
No abstract provided.
Foreward: Competing And Complementary Rule Systems: Civil Procedure And Adr, Jean R. Sternlight
Foreward: Competing And Complementary Rule Systems: Civil Procedure And Adr, Jean R. Sternlight
Scholarly Works
This is a foreword to articles submitted as part of the Association of American Law School’s Symposium during at the January 2004 AALS’s Annual Meeting in Atlanta, Georgia entitled "Competing or Complementary Rule Systems? Adjudication, Arbitration and the Procedural World of the Future." The session brought together panelists whose expertises ranged across the academy. The legal academics were joined by the federal district judge now chairing the committee charged by the Judicial Conference of the United States to draft federal civil procedural rules. The stimulating session reflected on the relationship between litigation and non-litigation approaches to dispute resolution. Participants explored …
Adr: The New Equity, Thomas O. Main
Unlicensed To Drill: Proposed Renovations To The Texas Residential Construction Commission Act., Justin M. Jackson
Unlicensed To Drill: Proposed Renovations To The Texas Residential Construction Commission Act., Justin M. Jackson
St. Mary's Law Journal
Construction is the largest industry in the United States, and some regard the industry as the engine of the nation’s economy. Only the unavailability of unskilled labor can slow the growth of the construction industry in Texas. As such, Texas has welcomed the construction boom and has enacted statutes to accommodate further industry growth. Texas’ first legislative response came in the form of the Residential Construction Liability Act (RCLA). The RCLA alleviated liability for builders incurred under the Deceptive Trade Practices Act (DTPA). In 2003, the Texas Legislature continued to legislate in favor of builders by passing the Texas Residential …
Look Before You Leap And Keep On Looking: Lessons From The Institutionalization Of Court-Connected Mediation, Bobbi Mcadoo, Nancy A. Welsh
Look Before You Leap And Keep On Looking: Lessons From The Institutionalization Of Court-Connected Mediation, Bobbi Mcadoo, Nancy A. Welsh
Faculty Scholarship
This article will use the institutionalization of general civil mediation into the courts as a case study, with both hopeful and cautionary lessons for policy makers. This article will (1) examine the goals created for court-connected ADR; (2) assess to what extent court-connected mediation has achieved these goals, from the perspective of judges, lawyers, and parties; and (3) and propose reforms of court-connected mediation to better ensure the achievement of justice.