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Dispute Resolution and Arbitration Commons™

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Fordham Law School

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Articles 61 - 75 of 75

Full-Text Articles in Dispute Resolution and Arbitration

Toward Uniform Standards Of Conduct For Mediators Symposium: The Lawyer's Duties And Responsibilities In Dispute Resolution, John D. Feerick Jan 1997

Toward Uniform Standards Of Conduct For Mediators Symposium: The Lawyer's Duties And Responsibilities In Dispute Resolution, John D. Feerick

Faculty Scholarship

It can no longer be doubted that alternative dispute resolution ("ADR") as a substitute for court-based litigation is growing in appeal. The high costs, adversarial nature, and time of traditional litigation have led to the development and popularity of other dispute resolution alternatives. ADR is making substantial inroads into the legal mainstream and is increasingly used in a wide variety of contexts by courts; federal, state, and local governments; businesses and private individuals. According to a recent survey conducted by the National Institute for Dispute Resolution, twenty-eight state courts now have mandatory, non-binding arbitration programs; more than half of the …

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Lawyers, Clients, And Mediation , Jacqueline Nolan-Haley Jan 1997

Lawyers, Clients, And Mediation , Jacqueline Nolan-Haley

Faculty Scholarship

That the growth of mediation practice is changing the practice of law is obvious. The inability of many lawyers to understand the conceptual differences between adversarial lawyering and mediation practice strongly suggests the need to develop a theory of "good" representational mediation practice that takes into account competing client interests. On the one hand, lawyers must encourage client voice and participation. At the same time, however, the demands of professionalism require that lawyers guide their clients toward responsible decisionmaking. Representational lawyering in mediation may involve a number of distinct and traditional lawyering functions-- client counseling, negotiation, evaluation and advocacy. In …

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Sica: The First Twenty Years, Constantine N. Katsoris Jan 1996

Sica: The First Twenty Years, Constantine N. Katsoris

Fordham Urban Law Journal

This Article provides a broad overview of the topic of securities arbitration. It expresses the views of litigants from both sides of the spectrum. It argues that the public must trust in the integrity of the SRO (self-regulatory organization) arbitration process for securities arbitration to remain the basically mandatory system that it is today. The Article traces the evolution of arbitration rules in effect at various SROs. It then examines the Uniform Code of Arbitration in detail, and the SRO Codes. It explores the role of the American Arbitration Association (AAA), the NYSE Symposium, the Ruder Report and the Role …

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Representation Of Parties In Arbitration By Non-Attorneys, Constantine N. Katsoris Jan 1995

Representation Of Parties In Arbitration By Non-Attorneys, Constantine N. Katsoris

Fordham Urban Law Journal

The issue of the representation of clients in legal or quasi legal proceedings by non-attorneys has been a troubling one. Not only are such services being offered by non-attorneys in the form of transactional services, i.e., advising, drafting deeds and documents, etc., but has spread to actual representation of parties before administrative agencies. Moreover, as more and more disputes are being resolved through alternative dispute mechanisms, such as arbitration, non-attorneys are also representing clients in such proceedings in civil litigation-often involving complex issues and significant sums of money-against other litigants who are usually represented by skilled attorneys. The ABA recently …

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Report Of The Securities Industry Conference On Arbitration On Representation Of Parties In Arbitration By Non-Attorneys Jan 1995

Report Of The Securities Industry Conference On Arbitration On Representation Of Parties In Arbitration By Non-Attorneys

Fordham Urban Law Journal

The following is a Report prepared by the Securities Industry Conference on Arbitration ("SICA" or "Conference") concerning non-attorney representation in arbitration. The report is the result of a study, conducted by SICA over the past two years, on the practices and activities of individuals and organizations ("Non-Attorney Representatives" or "NARs") that provide public customers an alternative to representation by attorneys in disputes between customers and broker/dealers. The study was prompted by complaints concerning the quality of such representation; and, raised questions as to whether the activities of NARs constituted the unauthorized practice of law, and whether the interests of investors …

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Standards Of Conduct For Mediators, John D. Feerick Jan 1995

Standards Of Conduct For Mediators, John D. Feerick

Faculty Scholarship

In 1992, the American Arbitration Association, the American Bar Association, and the Society of Professionals in Dispute Resolution (SPIDR) formed a joint committee to develop a code of conduct for mediators. After more than two years of work, the committee completed and submitted Standards of Conduct for Mediators for approval to their respective associations. The purpose was to develop a set of standards that could serve as a general framework for mediators, providing them with a helpful tool in their practice. The standards were to be broad enough to cover all types of mediation and flexible enough to evolve over …

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Standards Of Professional Conduct In Alternative Dispute Resolution Symposium, John D. Feerick, Carol Izumi, Kimberlee Kovach, Lela Love Jan 1995

Standards Of Professional Conduct In Alternative Dispute Resolution Symposium, John D. Feerick, Carol Izumi, Kimberlee Kovach, Lela Love

Faculty Scholarship

ADR is unique in being interdisciplinary and interprofessional. ADR neutrals perform in a distinctive role and not as members of their own profession. The ADR process demands adherence to policies like voluntariness, respect for party autonomy, and confidentiality, which, in turn, make special ethical demands on ADR neutrals. Thus there are compelling reasons to contemplate an interdisciplinary code of conduct that addresses the professional duties and obligations of ADR neutrals. Standards of conduct for ADR has been a much discussed and debated topic over the past decade, both as to source and content. The two principal sources of standards have …

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Teaching Mediation As A Lawyering Role Developments, Jacqueline Nolan-Haley Jan 1989

Teaching Mediation As A Lawyering Role Developments, Jacqueline Nolan-Haley

Faculty Scholarship

The growth of the alternative dispute resolution (ADR) movement has generated an increased interest in the study and practice of mediation as a nonadversarial method of conflict resolution. With mediation, individuals settle their disputes using a neutral third party who has no power to impose a settlement. Historically, mediation has been widely neglected in legal education, and-except for those involved in the labor field-lawyers have not practiced it. Recent gains in visibility have not necessarily resulted in widespread acceptance of mediation. In fact, mediation has even been openly resisted by some members of the legal profession.

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Arbitration From The Viewpoint Of The Practicing Attorney: An Analysis Of Arbitration Cases Decided By The New York State Court Of Appeals From January, 1973 To September, 1985, Hugh R. Jones Jan 1986

Arbitration From The Viewpoint Of The Practicing Attorney: An Analysis Of Arbitration Cases Decided By The New York State Court Of Appeals From January, 1973 To September, 1985, Hugh R. Jones

Fordham Urban Law Journal

Over a period of years, recourse has increasingly been had to arbitration as a method of dispute resolution in both the public and the private sectors. There is every indication that this trend will continue and expand in the future. In his opening address at the 1985 Annual Meeting of the American Law Institute last May, Chief Justice Warren Burger urged us to "take a fresh look at the entire structure we have created to resolve disputes" and deplored the fact that "as we now practice it, that system is too costly, too painful, too destructive and too inefficient."' At …

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Unfair Dismissal: Emerging Issues In The Use Of Arbitration As A Dispute Resolution Alternative For The Nonunion Workforce, Eva Robins, Eva Robins, Eva Robins, Eva Robins Jan 1984

Unfair Dismissal: Emerging Issues In The Use Of Arbitration As A Dispute Resolution Alternative For The Nonunion Workforce, Eva Robins, Eva Robins, Eva Robins, Eva Robins

Fordham Urban Law Journal

This Article reviews the concept of just cause as a test for termination of employment and its applicability to the nonunion workforce. It addresses the feasibility of applying dispute resolution mechanisms found workable in labor-management relations under union contracts to employment-at-will disputes. It further outlines the standards and criteria utilized in the arbitration process and recognizes some problems of proof, evidence, remedy and procedure that will arise from the application of alternative methods of resolution to nonunion disputes. Finally, this Article identifies a substantial number of issues that need to be resolved if arbitration of just cause for termination of …

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Dispute Resolution In Commodities Futures, Dorothy Matthews Freeburg Jan 1984

Dispute Resolution In Commodities Futures, Dorothy Matthews Freeburg

Fordham Urban Law Journal

The commodities futures industry is experiencing rapid growth and a consequential rise in disputes between industry professionals and customers. In response to the growing number of disputes, the industry offers customers several methods for resolution, including the recently added National Futures Association (NFA). The NFA fills a gap in previously available forums, as it offers a much needed uniform and nationwide system of arbitration with jurisdiction over multi-exchange disputes. This Note suggests that requiring the exchanges to refer disputes to NFA and to include NFA as the forum for arbitration in pre-dispute arbitration agreements would greatly enhance the effectiveness of …

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Role Of A National Legal Information Center In The Access To Justice, The, Robert J. Nissenbaum Jan 1984

Role Of A National Legal Information Center In The Access To Justice, The, Robert J. Nissenbaum

Faculty Scholarship

The author reviews the nature of disputes and mechanisms for dispute

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Comparison Of Impasse Procedures: The New York City Collective Bargaining Law And The New York State Taylor Law, Robert H. Platt Jan 1981

Comparison Of Impasse Procedures: The New York City Collective Bargaining Law And The New York State Taylor Law, Robert H. Platt

Fordham Urban Law Journal

Many states have enacted statutes which offer viable alternatives to unions that wish to press their demands at the negotiation table but have been stripped of their power to conduct a lawful strike. Contending that New York needed a more effective method of resolving public sector disputes, Governor Rockefeller convened the Governor's Committee on Public Employee Relations in 1966, also known as the Taylor Committee. This committee proposed legislation that led to the passage in 1967 of the New York Public Employees' Fair Employment Act, commonly known as the Taylor Law. The Taylor Law not only prescribes rules and procedures …

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Comment: Arbitration -- A Viable Alternative?, K. E.C. Hull, Einar M. Rod Jan 1974

Comment: Arbitration -- A Viable Alternative?, K. E.C. Hull, Einar M. Rod

Fordham Urban Law Journal

Private arbitration as an alternative to litigation has been viewed by many authorities as an important method of improving judicial administration. This Comment, in evaluating courts' attitudes toward arbitration, will analyze the standards used by courts in deciding whether issues are appropriate subjects for arbitration. Because arbitration can have no legal effect unless courts are willing to support the arbitrator's award, the standards used to determine whether an issue is arbitrable are critical to the future of arbitration. The Comment examines four areas law that illustrate a variety of judicial attitudes toward arbitrability: labor-management relations, domestic relations, will probation and …

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Securities Arbitrations Involving Mortgage-Backed Securities And Collateralized Mortgage Obligations: Suitable For Unsuitability Claims?, Bradley J. Bondi Jan 1905

Securities Arbitrations Involving Mortgage-Backed Securities And Collateralized Mortgage Obligations: Suitable For Unsuitability Claims?, Bradley J. Bondi

Fordham Journal of Corporate & Financial Law

No abstract provided.

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