Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Contracts (4)
- Arbitration (3)
- Mediation (3)
- Deals (2)
- Economics (2)
-
- Transactional bargaining (2)
- Transactional mediation (2)
- ADR (1)
- Access to justice (1)
- Arbitral tribunals (1)
- Civil procedure (1)
- Commercial law (1)
- Consumer (1)
- Consumer contracts (1)
- Contingent fee mediation (1)
- Contingent fees (1)
- Contract exchange (1)
- Courts (1)
- Dispute resolution (1)
- Due process (1)
- Ethics (1)
- Family law (1)
- Islamic law (1)
- Law and economics (1)
- Minorities (1)
- Muslims (1)
- Neutrality (1)
- Pedagogy (1)
- Psychology (1)
- Regulation (1)
Articles 1 - 6 of 6
Full-Text Articles in Contracts
Getting Real About Procedure: Changing How We Think, Write And Teach About American Civil Procedure, Suzette M. Malveaux
Getting Real About Procedure: Changing How We Think, Write And Teach About American Civil Procedure, Suzette M. Malveaux
Publications
No abstract provided.
The Case For American Muslim Arbitration, Rabea Benhalim
The Case For American Muslim Arbitration, Rabea Benhalim
Publications
This Article advocates for the creation of Muslim arbitral tribunals in the United States. These tribunals would better meet the needs of American Muslims, who currently bring their religious disputes to informal forums that lack transparency. Particularly problematic, these existing forums often apply legal precedent developed in majority-Muslim nations, without taking into consideration the changed circumstances of Muslim living as minorities in the United States. These interpretations of Islamic law can have especially negative impacts on women. American Muslim arbitration tribunals offer the potential to correct these inadequacies. Furthermore, a new arbitral system could better meet the needs of sophisticated …
Arbitration And The Contract Exchange, Andrew A. Schwartz
Arbitration And The Contract Exchange, Andrew A. Schwartz
Publications
A contract exchange, defined as an organized marketplace for the creation or trading of specific contracts, provides benefits to its members as well as the public at large. But legal disputes can arise on contract exchanges, just as they do anywhere else, and those disputes can be litigated, mediated, arbitrated, or resolved in some other way. This Essay claims that arbitration, rather than litigation, is a particularly useful and appropriate means for resolving exchange-related disputes, and that this is true not only for traditional contract exchanges, like the Chicago Board of Trade, but also for online "consumer contract exchanges," such …
Contract Formation In Imperfect Markets: Should We Use Mediators In Deals?, Scott R. Peppet
Contract Formation In Imperfect Markets: Should We Use Mediators In Deals?, Scott R. Peppet
Publications
This Article asks a simple question: Could third-party mediators be helpful in deals, just as they are in disputes? This Article makes a theoretical argument for such interventions, but also presents preliminary empirical evidence suggesting that transactional mediation may already be taking place.
Contractarian Economics And Mediation Ethics: The Case For Customizing Neutrality Through Contingent Fee Mediation, Scott R. Peppet
Contractarian Economics And Mediation Ethics: The Case For Customizing Neutrality Through Contingent Fee Mediation, Scott R. Peppet
Publications
No abstract provided.
Transactional Mediation: Using Mediators In Deals, Scott Peppet
Transactional Mediation: Using Mediators In Deals, Scott Peppet
Publications
This article addresses whether third-party mediators could be helpful in deal-making, just as they are in resolving disputes. It makes a theoretical case for such use of mediators and presents preliminary evidence that transactional mediation already is taking place.