Open Access. Powered by Scholars. Published by Universities.®
Dispute Resolution and Arbitration Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Alternative dispute resolution (1)
- American Law Institute (1)
- Arbitration (1)
- Buffalo Law Review (1)
- Canons of statutory construction (1)
-
- Caseload (1)
- Civil procedure (1)
- Clearance (1)
- Comparative law (1)
- Cross-cultural comparison (1)
- Disaster victim compensation (1)
- Dispute settlement (1)
- Drafting standards (1)
- Frivolous litigation (1)
- Ghana (1)
- International commercial arbitration (1)
- Judges (1)
- Judicial dispute resolution (1)
- Lawyers (1)
- Legal profession (1)
- Mediation (1)
- Pleading (1)
- Procedural justice (1)
- Restatement of the U.S. Law of International Commercial Arbitration (1)
- Treaty interpretation (1)
- Wakai (1)
Articles 1 - 4 of 4
Full-Text Articles in Dispute Resolution and Arbitration
Procedural Justice Beyond Borders: Mediation In Ghana, Jacqueline Nolan-Haley, James Kwasi Annor-Ohene
Procedural Justice Beyond Borders: Mediation In Ghana, Jacqueline Nolan-Haley, James Kwasi Annor-Ohene
Faculty Scholarship
Ghana enacted comprehensive alternative dispute resolution legislation in 2010 with the specific goals of providing access to justice and promoting domestic and foreign direct investment (The Act). A significant aspect of the Act was the inclusion of customary arbitration and mediation. The focus of this Article is on mediation as this is the first time that mediation has been included in a statute in Ghana. The Act’s definition of mediation reflects an understanding of the mediation process based upon the western values of individual autonomy and party self-determination. These principles represent a significant departure from the more communal values of …
No Alternative: Resolving Disputes Japanese Style, Eric Feldman
No Alternative: Resolving Disputes Japanese Style, Eric Feldman
All Faculty Scholarship
This article critiques the simple black/white categorisation of mainstream versus alternative dispute resolution, and argues that what is needed is a cartography of dispute resolution institutions that maps the full range of approaches and traces their interaction. It sketches the first lines of such a map by describing two examples of conflict resolution in Japan. Neither can justly be called “alternative”, yet neither fits the mould of what might be called mainstream or classical dispute resolution. One, judicial settlement, focuses on process; the other, compensating victims of the Fukushima disaster, engages a specific event. Together, they help to illustrate why …
Screening Out Innovation: The Merits Of Meritless Litigation, Alexander A. Reinert
Screening Out Innovation: The Merits Of Meritless Litigation, Alexander A. Reinert
Articles
Courts and legislatures often conflate merit-less and frivolous cases when balancing the desire to keep courthouse doors open to novel or unlikely claims against the concern that entertaining ultimately unsuccessful litigation will prove too costly for courts and defendants. Recently, significant procedural and substantive barriers to civil litigation have been informed by judicial and legislative assumptions about the costs of entertaining merit-less and frivolous litigation. The prevailing wisdom is that eliminating merit-less and frivolous claims as early in a case’s trajectory as possible will focus scarce resources on the truly meritorious cases, thereby ensuring that available remedies are properly distributed …
A Reply To "Hollow Spaces", George A. Bermann, Jack J. Coe Jr., Christopher R. Drahozal, Catherine A. Rogers
A Reply To "Hollow Spaces", George A. Bermann, Jack J. Coe Jr., Christopher R. Drahozal, Catherine A. Rogers
Faculty Scholarship
This short essay responds to Chip Brower's thoughtful and meticulous critique of Tentative Draft No. 2 of the Restatement Third of the U.S. Law of International Commercial Arbitration. While we appreciate the concerns he raises, we disagree with the conclusions he draws both about the Restatement and the drafting process. We address here what we understand to be Professor Brower's major criticisms of the work.