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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 Jul 2005

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 Jul 2005

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 Jun 2005

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 Jun 2005

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 Jun 2005

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 Jun 2005

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 Jun 2005

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 Jun 2005

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 Apr 2005

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 Mar 2005

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 Mar 2005

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 Feb 2005

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 Jan 2005

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 Jan 2005

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 Jan 2005

Adr: The New Equity, Thomas O. Main

Scholarly Works

No abstract provided.


Unlicensed To Drill: Proposed Renovations To The Texas Residential Construction Commission Act., Justin M. Jackson Jan 2005

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 Jan 2005

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.