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Dispute Resolution and Arbitration Commons™
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Articles 331 - 360 of 530
Full-Text Articles in Dispute Resolution and Arbitration
Rule 408: Maintaining The Sheild For Negotiation In Federal And Bankruptcy Courts, Leslie T. Gladstone
Rule 408: Maintaining The Sheild For Negotiation In Federal And Bankruptcy Courts, Leslie T. Gladstone
Pepperdine Law Review
No abstract provided.
The Arbitration Of Federal Domestic Antitrust Claims: How Safe Is The American Safety Doctrine?, Bruce R. Braun
The Arbitration Of Federal Domestic Antitrust Claims: How Safe Is The American Safety Doctrine?, Bruce R. Braun
Pepperdine Law Review
No abstract provided.
Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel
Negotiating Better Superfund Settlements: Prospects And Protocols, Scott A. Cassel
Pepperdine Law Review
No abstract provided.
The Implications Of Alternative Dispute Resolution Processes For Decisionmaking In Administrative Disputes, Wallace Warfield
The Implications Of Alternative Dispute Resolution Processes For Decisionmaking In Administrative Disputes, Wallace Warfield
Pepperdine Law Review
No abstract provided.
The Unjustified Furor Over Securities Arbitration, Gilbert R. Serota
The Unjustified Furor Over Securities Arbitration, Gilbert R. Serota
Pepperdine Law Review
No abstract provided.
Implementation Of California's Dispute Resolution Programs Act: A State-Local Partnership, Mary-Alice Coleman
Implementation Of California's Dispute Resolution Programs Act: A State-Local Partnership, Mary-Alice Coleman
Pepperdine Law Review
No abstract provided.
Mediation - A Preferred Method Of Dispute Resolution, Kenneth R. Feinberg
Mediation - A Preferred Method Of Dispute Resolution, Kenneth R. Feinberg
Pepperdine Law Review
No abstract provided.
Using Court-Annexed Arbitration To Reduce Litigant Costs And To Increase The Pace Of Litigation, John L. Barkai, Gene Kassebaum
Using Court-Annexed Arbitration To Reduce Litigant Costs And To Increase The Pace Of Litigation, John L. Barkai, Gene Kassebaum
Pepperdine Law Review
No abstract provided.
Introduction: Second Symposium Issue On Alternative Dispute Resolution , L. Randolph Lowry
Introduction: Second Symposium Issue On Alternative Dispute Resolution , L. Randolph Lowry
Pepperdine Law Review
No abstract provided.
Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency, Joseph A. Hamm, Lisa M. Pytlikzillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels
Trust And Intention To Comply With A Water Allocation Decision: The Moderating Roles Of Knowledge And Consistency, Joseph A. Hamm, Lisa M. Pytlikzillig, Mitch Herian, Alan Tomkins, Hannah Dietrich, Sarah Michaels
Lisa PytlikZillig Publications
Regulating water resources is a critically important yet increasingly complex component of the interaction between ecology and society. Many argue that effective water regulation relies heavily upon the compliance of water users. The relevant literature suggests that, rather than relying on external motivators for individual compliance, e.g., punishments and rewards, it is preferable to focus on internal motivators, including trust in others. Although prior scholarship has resulted in contemporary institutional efforts to increase public trust, these efforts are hindered by a lack of evidence regarding the specific situations in which trust, in its various forms, most effectively increases compliance. We …
Mickey Goes To France: A Case Study Of The Euro Disneyland Negotiations, Lauren A. Newell
Mickey Goes To France: A Case Study Of The Euro Disneyland Negotiations, Lauren A. Newell
Cardozo Journal of Conflict Resolution
In 1984, The Walt Disney Company ("Disney") was riding the wave of success from its newest Resort, Tokyo Disney Resort ("Tokyo Disney"), which attracted 10 million guests in the first year alone, and its thoughts turned to further international expansion-this time, in Europe. After careful consideration of potential locations and preliminary negotiations with two European governments, Disney decided in 1984 to launch Euro Disneyland ("Euro Disneyland" or "EDL") in Marne-la-Vall6e, France. The realities of opening and operating EDL in France were far different than Disney's expectations when it began negotiations-so much so that the Resort narrowly escaped bankruptcy. For an …
The Lawyer With The Adr Tattoo, Jennifer W. Reynolds
The Lawyer With The Adr Tattoo, Jennifer W. Reynolds
Cardozo Journal of Conflict Resolution
This Article considers whether ADR presents a branding problem for legal professionals and, if so, how those professionals can reclaim the brand in productive, career-affirming ways. Whether one should self-identify as proponent, practitioner, or scholar of alternative practices implicates broad tensions not only around assimilating with integrity into any longstanding change-resistant profession, but also around the shortcomings of the adversarial system and the legitimacy of ADR.
Fostering Climate Change Education In The Central Great Plains: A Public Engagement Approach, Lisa M. Pytlikzillig, Timothy Steffensmeier, Amber Campbell Hibbs, Ben Champion, Eric Hunt, John A. Harrington, Jr., Jacqueline D. Spears, Natalie Umphlett, Tarik Abdel-Monem, Roger Bruning, Daniel Kahl
Fostering Climate Change Education In The Central Great Plains: A Public Engagement Approach, Lisa M. Pytlikzillig, Timothy Steffensmeier, Amber Campbell Hibbs, Ben Champion, Eric Hunt, John A. Harrington, Jr., Jacqueline D. Spears, Natalie Umphlett, Tarik Abdel-Monem, Roger Bruning, Daniel Kahl
Lisa PytlikZillig Publications
Despite its increasing importance for sustainability, building widespread competency in the basic principles of climate literacy among the United States general public is a great challenge. This article describes the methods and results of a public engagement approach to planning climate change education in the Central Great Plains of the United States. Our approach incorporated contextual and lay expertise approaches to public engagement with a focus on supporting the self-determination of the specific stakeholder groups–rural producers, educators, and community members. An integration of results from the focus groups reveal that our approach was received positively and elicited a number of …
Cooperative Bargaining Styles At Fmcs: A Movement Toward Choices , Carolyn Brommer, George Buckingham, Steven Loeffler
Cooperative Bargaining Styles At Fmcs: A Movement Toward Choices , Carolyn Brommer, George Buckingham, Steven Loeffler
Pepperdine Dispute Resolution Law Journal
The Federal Mediation and Conciliation Service ("FMCS") was created in 1947. While an array of subsequent statutory enactments have expanded the FMCS charter, the core mission of FMCS has been, and remains, to assist labor and management to settle their disputes through mediation as well as to promote the development of sound and stable labor management relationships. The vision of how that mission will be realized has changed significantly in response to changes in our society, to expanded knowledge of conflict resolution and labor relations, and to lessons gathered by the nation's mediators over a half-century of work with collective …
Construction Partnering: Can These Protocols Build A Stronger Labor-Management Community?, Jim Stott, Juan Carlos Gonzalez
Construction Partnering: Can These Protocols Build A Stronger Labor-Management Community?, Jim Stott, Juan Carlos Gonzalez
Pepperdine Dispute Resolution Law Journal
In an expansive marketplace where large organizations in the construction, manufacturing, service and union industries are facing increased global competition, collaborative labor relations are essential to maximizing efficiency and productivity. It is for this reason that developing collaboration between labor and management is highly researched and consulted by academics and professionals throughout the world. Although various models of collaboration have been developed, none have been found to clearly overcome that insidious conflict and paradigm of "Labor vs. Management." The purpose of this paper is to provide academics and consultants (mediators/facilitators) an additional perspective for designing, developing and implementing the best …
The Federal Mediation And Conciliation Service: A Partner In International Conflict Prevention, Andrea Strimling
The Federal Mediation And Conciliation Service: A Partner In International Conflict Prevention, Andrea Strimling
Pepperdine Dispute Resolution Law Journal
The Federal Mediation and Conciliation Service ("FMCS"), an independent agency of the U.S. government with over a half-century of conflict management and institutional-development experience, is a valuable resource in U.S. efforts to prevent armed conflict and build the foundations for lasting security in the U.S. and around the world. Given the urgency and complexity of this challenge, the United States should identify, support, and leverage all appropriate resources for preventive diplomacy, including short-term operational prevention and long-term structural prevention. Through its International Program, FMCS has already made important contributions to both types of prevention, drawing on three strategic assets that …
Managing Workplace Grief--Vision And Necessity , Jan Jung-Min Sunoo, Brenda Paik Sunoo
Managing Workplace Grief--Vision And Necessity , Jan Jung-Min Sunoo, Brenda Paik Sunoo
Pepperdine Dispute Resolution Law Journal
In the course of offering workplace expertise, the FMCS has also presented its workshop "Managing Grief in the Workplace." The trainings have been given at local, regional, national and international labor relations and mediation conferences, and in college settings. We have found great receptivity to this cutting edge topic. Support in this area can greatly help unions and companies work through the conflicting expectations of a bereaved employee's job performance. Workshops in "Managing Grief in the Workplace" can initiate needed discussions and helping the partners to set up compassionate and realistic bereavement policies in the workplace. Finally, many participants expressed …
Battling School Violence With Mediation Technology , Gary Richard Hattal, Cynthia Morrow Hattal
Battling School Violence With Mediation Technology , Gary Richard Hattal, Cynthia Morrow Hattal
Pepperdine Dispute Resolution Law Journal
As we begin the Twenty-First Century public schools have become dangerous places, and not just high schools. Children as young as ten and eleven have brought the system to its knees by shooting down their teachers and fellow students on campus. No one is talking about "juvenile delinquency" anymore. We are hearing and talking about lethal incidents of juvenile violence among all social classes and races, suburban and inner city youth alike. This paper is a discussion of various issues surrounding school violence and its implications for our children. Our focus is to: (1) determine the root causes of extreme …
Essential Collaborative Technology Tools For The 21st Century: Fmcs Tags System , Michael J. Wolf, Jon Numair, Jack Yoedt
Essential Collaborative Technology Tools For The 21st Century: Fmcs Tags System , Michael J. Wolf, Jon Numair, Jack Yoedt
Pepperdine Dispute Resolution Law Journal
Mediators employed by the Federal Mediation and Conciliation Service ("FMCS") utilize a powerful set of technology tools that helps groups more effectively solve problems, make decisions and implement those decisions more successfully. FMCS mediators use these tools to help customers conduct collective bargaining negotiations, strategic planning sessions, grievance meetings, internal elections, large conferences, as well as remote meetings and online surveys via the Internet. Known as the FMCS TAGS System, this network of Internet servers, mobile computers, electronic conferencing facilities, customized software and external partners has demonstrated significant achievements during its first two years of operation. FMCS customers report that …
Eliminating The Mandatory Trade-Off: Should Employees Have The Right To Choose Arbitration ?, Michael Peabody
Eliminating The Mandatory Trade-Off: Should Employees Have The Right To Choose Arbitration ?, Michael Peabody
Pepperdine Dispute Resolution Law Journal
As more employers include mandatory arbitration provisions in their employment contracts, policy-makers are becoming concerned that employees are being forced to trade their civil and statutory rights for their jobs. The California Legislature is considering legislation designed to combat this tendency and to provide legal protection for employees who might otherwise be forced to waive the right for redress of grievances, legal protections against discrimination, and other rights. Although the legislation was designed to protect the constitutional rights of employees, there are legal considerations and policy concerns that challenge the viability of this type of legislation. The primary question is …
Judicial Policing Of Consumer Arbitration , Edward A. Dauer
Judicial Policing Of Consumer Arbitration , Edward A. Dauer
Pepperdine Dispute Resolution Law Journal
Adhesive consumer arbitration agreements pose questions that go beyond the problems of adhesion contracting generally. This essay describes why standard-form consumer arbitration requirements may be particularly troublesome. Despite its superficial neutrality, arbitration between individual consumers and business entities may be systematically more favorable to the business entities. The rules of arbitration law, however, inhibit effective judicial policing of the consequences of those inequalities. The federal sources of arbitration law further diminish the ability of state-based contract law to police the more subtle abuses. The result is a particularly difficult jurisprudential problem with a specially weakened legal solution. This essay offers, …
The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting
The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting
Pepperdine Dispute Resolution Law Journal
On July 18, 2000, as part of the Annual Meeting of the American Bar Association, an all star cast of American and English lawyers gathered in the Common Room of the Law Society of England and Wales in London to simulate oral argument before the International Criminal Court ("ICC"). The fictitious proceedings involved a head of state, President Luis Medema, charged with genocide, war crimes and crimes against humanity. The prosecutors and defense counsel engaged in lively oral argument before the Trial Chamber in the context of three critical issues: (1) jurisdiction of the ICC over citizens of non-state parties; …
Institutionalizing Mediation: The Role Of Lawyers And Bar Associations , Ronald R. Volkmer
Institutionalizing Mediation: The Role Of Lawyers And Bar Associations , Ronald R. Volkmer
Pepperdine Dispute Resolution Law Journal
The world of trusts and estates is changing before our eyes - the "multidiscipline practice" trend may radically change the traditional practice of the probate bar. There is one constant, however, besides change and that is conflict. That conflict is oftentimes lurking beneath the surface when a lawyer becomes involved in the estate planning process. All of the technical knowledge you may possess about the legal system and its rules is valuable and necessary. But, the estate planning lawyer is preeminently a counselor at law. In the strongest possible way I urge students to become aware of conflict management skills …
Internet Dispute Resolution (Idr): Bringing Adr Into The 21st Century , Richard Michael Victorio
Internet Dispute Resolution (Idr): Bringing Adr Into The 21st Century , Richard Michael Victorio
Pepperdine Dispute Resolution Law Journal
It was only a matter of time before ADR hit the Interet. The Internet has sweepingly transformed society just as ADR has wrought tremendous change in our society, by enabling the swift and economical settlement of disputes, and unclogging the legal system in the process. The application of alternative dispute resolution methods to the Internet, termed "iDR" in this comment, has the potential to impact the landscape of both traditional ADR and the Internet itself. It brings the communication technology of the Internet to the practice of traditional, non-virtual, "real world" ADR, reducing costs and speeding up the exchange of …
Mediation And Jury Trials As Means Of Resolving Will Contests , Ronald Chester
Mediation And Jury Trials As Means Of Resolving Will Contests , Ronald Chester
Pepperdine Dispute Resolution Law Journal
In the vast range of human problems that law seeks to govern, there are certain areas in which legalisms and legal thinking are not particularly useful. It is my belief that one of these areas is that of will contests, in which nonlawyer dispute resolution seems particularly effective.
Advantages And Disadvantages Of Mediation In Probate, Trust, And Guardianship Matters , Mary F. Radford
Advantages And Disadvantages Of Mediation In Probate, Trust, And Guardianship Matters , Mary F. Radford
Pepperdine Dispute Resolution Law Journal
Mediation is the ADR process by which a neutral third party works with disputants to reach a mutually agreeable resolution. Mediation is arguably the oldest and most popular ADR technique in use today. Part I of this essay discusses the commonly accepted advantages of mediation as an alternative to litigation, and, in some instances, questions whether those advantages become disadvantages in the context of probate, trust, and guardianship cases. Part II examines the use of mediation as a component of the actual estate planning process rather than as an alternative to litigation.
Mediation Of Probate Matters: Leaving A Valuable Legacy , Lela Porter Love
Mediation Of Probate Matters: Leaving A Valuable Legacy , Lela Porter Love
Pepperdine Dispute Resolution Law Journal
Mediation has the power to bring parties to a different level of understanding about their underlying situation and about each other, to re-establish family harmony and to resolve both monetary and relationship issues that probate matters generally involve. To realize these advantages, this paper makes two suggestions. First, attorneys should urge testators to consider dispute resolution provisions in their will. Such provisions allow the testator to weigh in with a directive that the family pull together and attempt to resolve its conflicts creatively. A dispute resolution clause can also provide a vehicle to express and encourage family values connected with …
The Greatest Heritage Is The Love Of A Family: The Larson Case And The Mediation Of Probate Disputes, Susan N. Gary
The Greatest Heritage Is The Love Of A Family: The Larson Case And The Mediation Of Probate Disputes, Susan N. Gary
Pepperdine Dispute Resolution Law Journal
In 1981, two brothers, Ben and William Larson, began litigation that would last for four years. By the time the lawsuit ended, the "winning" brother was dead, and the other brother was bitter and estranged from the family of his only sibling. Although one can only speculate, had the brothers chosen mediation, rather than litigation, to resolve their dispute, both brothers might have achieved a better outcome.
Mediation Of Proposition 187: Creative Solution To An Old Problem? Or Quiet Death For Initiatives?, Nicole E. Lucy
Mediation Of Proposition 187: Creative Solution To An Old Problem? Or Quiet Death For Initiatives?, Nicole E. Lucy
Pepperdine Dispute Resolution Law Journal
The initiative Proposition 187 has been a catalyst for change. Supporters heralded it as the solution to "Save Our State" from the ills of illegal immigration. Those who opposed it, used Proposition 187 as a battle cry to mobilize a disenfranchised minority. Irrespective of ideology, Proposition 187 ended as no one could have predicted in November 1994 when it passed, 59% to 41%. When Governor Gray Davis inherited the Proposition 187 appeal from former Governor Pete Wilson, Governor Davis took the unprecedented step of seeking to resolve the conflict through mediation rather than actively defending Proposition 187 on appeal to …
The Right To Die: Definitional Inquiry And The Search For Truth, Bryan A. Kelley
The Right To Die: Definitional Inquiry And The Search For Truth, Bryan A. Kelley
Pepperdine Dispute Resolution Law Journal
This article explores the significant advantages of ADR techniques when dealing with elusive definitions in medical ethics. Part I briefly explores the meaning of definitional inquiry and justifies its important role in debate and achieving truth. Part II illustrates how confusion associated with certain terms leads to faulty reasoning, even in a recent Supreme Court decision. In Part III, some governmental sources of this confusion are revealed. Part IV illustrates the common use of rhetoric in the right-to-die debate as an appeal to emotion, rather than true meaning. Part V attempts to illustrate why this problem greatly affects the medical …