Open Access. Powered by Scholars. Published by Universities.®
Dispute Resolution and Arbitration Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legal Education (24)
- International Law (20)
- Litigation (19)
- Legal Profession (12)
- Courts (9)
-
- Family Law (7)
- Contracts (6)
- Judges (6)
- Constitutional Law (5)
- Labor and Employment Law (5)
- Legal Ethics and Professional Responsibility (5)
- Property Law and Real Estate (5)
- Commercial Law (3)
- Comparative and Foreign Law (3)
- Insurance Law (3)
- Jurisprudence (3)
- Civil Rights and Discrimination (2)
- Estates and Trusts (2)
- Health Law and Policy (2)
- Internet Law (2)
- Legal Writing and Research (2)
- Agriculture Law (1)
- Business Organizations Law (1)
- Civil Procedure (1)
- Communications Law (1)
- Computer Law (1)
- Consumer Protection Law (1)
- Disability Law (1)
- Keyword
-
- Mediation (257)
- Arbitration (190)
- Mediator (127)
- Dispute resolution (107)
- Negotiation (55)
-
- Alternative dispute resolution (53)
- ADR (48)
- Legal education (48)
- Adr (38)
- International (33)
- Litigation (33)
- FAA (24)
- Arbitration act (23)
- Arbitration agreements (23)
- Contracts (22)
- Settlement (20)
- Uaa (19)
- Uniform arbitration act (19)
- Confidentiality (18)
- Artificial intelligence (17)
- Federal arbitration act (17)
- Employment (16)
- Courts (15)
- Conflict (14)
- Contract (14)
- Collaborative law (13)
- Legislation (13)
- Uniform mediation act (13)
- Consumer (12)
- Ethics (12)
- Publication Year
- Publication
- Publication Type
- File Type
Articles 1171 - 1200 of 1321
Full-Text Articles in Dispute Resolution and Arbitration
Confidentiality In Mediation: A Moral Reassessment, Kevin Gibson
Confidentiality In Mediation: A Moral Reassessment, Kevin Gibson
Journal of Dispute Resolution
In discussing mediation confidentiality, it appears that different commentators address different issues. For example, some commentaries discuss only court ordered mediation while others consider the possibility of any intervention by a neutral to be mediation, and hence under scrutiny. There is also disagreement about what should be protected: pre-mediation screening calls, post session discussions among mediators and their supervisors and so on.5 In order to keep the discussion as broad and inclusive as possible, I will use "mediation" to refer to any organized intervention by an impartial third party and to any part of that process. Although some may consider …
Just, Speedy, And Inexpensive Or Just Speedy And Inexpensive - Mandatory Alternative Dispute Resolution In The Western District Of Missouri, April A. Fredlund
Just, Speedy, And Inexpensive Or Just Speedy And Inexpensive - Mandatory Alternative Dispute Resolution In The Western District Of Missouri, April A. Fredlund
Journal of Dispute Resolution
This Comment will address five questions which may arise as challenges to the Western District of Missouri's implementation of its ADR program. First, is the experimental program designed by the court likely to be predictive? That is, will the program be able to tell us whether cost and delay are being reduced by the ADR program? Second, is the program as implemented likely to reduce cost and delay? Third, does the Western District of Missouri have authority to impose mandatory ADR on litigants? Fourth, is the provision for mandatory ADR constitutionally sound? And fifth, assuming affirmative answers to these questions, …
Waiver Of A Contractual Arbitration Agreement By Causing Prejudice To The Opponent: Should Federal Courts Adopt A Bright-Line Test - Kramer V. Hammond, Mark G. Anderson
Waiver Of A Contractual Arbitration Agreement By Causing Prejudice To The Opponent: Should Federal Courts Adopt A Bright-Line Test - Kramer V. Hammond, Mark G. Anderson
Journal of Dispute Resolution
Due to the high costs of litigation and the backlog on court dockets, parties to a contract are beginning to rely more and more on contractual provisions requiring arbitration for future disputes.2 In the past, courts were reluctant to enforce these provisions,' but now the federal courts enforce a strong presumption in favor of such provisions.' Because of this strong federal policy, waiver of the contractual agreements is not easily inferred.5 To overcome this presumption federal courts have developed tests to determine when waiver of contractual agreements to arbitrate occurs.6 These tests focus on whether the opposing party has been …
Shackling The Secretary's Hands: Limits To Authorizing Whistle-Blower Settlements Under Section 210 Of The Energy Reorganization Act - Macktal V. Secretary Of Labor, Jay M. Dade
Journal of Dispute Resolution
In seeking to encourage nuclear industry employees to report safety concerns, Section 210 of the Energy Reorganization Act of 1974 (ERA) acts to protect such "whistle-blowers" in the event they are terminated or discriminated against because of their whistle-blowing activities.2 When an employee and an employer negotiate a Section 210 "whistle-blower" complaint and subsequently submit the settlement for approval, the Secretary of Labor faces certain encumbrances when reviewing the agreement . This limitation on review arises when certain provisions may be in violation of public policy.4 In Macktal v. Secretary of Labor, the United States Court of Appeals for the …
Arbitrator And The Double Jeopardy Clause: Does The Postman Always Ring Twice - United States V. Reed, The, David A. Cole
Arbitrator And The Double Jeopardy Clause: Does The Postman Always Ring Twice - United States V. Reed, The, David A. Cole
Journal of Dispute Resolution
When an arbitrator's decision is adverse to one party, does the double jeopardy clause2 prohibit further pursuit of the claim by the successful party? With the rising emphasis being placed on arbitration clauses in collective bargaining agreements, it was only a matter of time before this question arose in the workplace. In United States v. Reed3 the Eleventh Circuit established the test for determining if an arbitrator's decision invokes the double jeopardy clause.
Arbitration And Salary Inflation In Major League Baseball, Deborah R. Swank
Arbitration And Salary Inflation In Major League Baseball, Deborah R. Swank
Journal of Dispute Resolution
Major league baseball has undergone significant changes since its inception over a century ago.2 While the game itself remains basically the same, the system governing management and player relations is hardly the same as it was even twenty years ago.' In years past, team owners exercised absolute authority over terms of players' employment including player mobility and salary levels. 4 Under this system, players essentially had no voice in salary determinations and players were contractually restricted from signing with another team.5 Players were forced either to accept the terms as offered by management or to quit the game altogether.6
Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel
Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel
Journal of Dispute Resolution
The clouded case law of Section l's employment contract exception presents an opportunity to improve the fairness and function of the Arbitration Act, an opportunity the bench has failed to grasp for nearly a half-century. Part II of this article reviews the case law surrounding the judicial construction of what constitutes a "class of workers engaged in interstate commerce," with courts generally holding that the employment contract exception affects only workers directly involved in interstate movement of objects. This view fails to further the overall goals of the Act and undermines the judicial goal of fairness. Recently, the Supreme Court …
Avoiding Farm Foreclosure Through Mediation Of Agricultural Loan Disputes: An Overview Of State And Federal Legislation, Donna L. Malter
Avoiding Farm Foreclosure Through Mediation Of Agricultural Loan Disputes: An Overview Of State And Federal Legislation, Donna L. Malter
Journal of Dispute Resolution
The use of credit played a major role in the growth of agricultural productivity in the United States.' In recent years, however, the financial distress faced by farmers resulted in a record number of farm foreclosures and bank closures in agricultural states. 2 Farm losses are concentrated in the mid-size farms, indicating that the owner-operated farm has been hit the hardest.3 The attendant social and economic turmoil faced by families and communities dependant on agriculture focused attention on the responsibility of federal and state government in preventing further losses within the families and communities that comprise the agricultural sector.
Privileged Communication Extended To The Corporate Ombudsman-Employee Relationship Via Federal Rule Of Evidence 501, Kevin L. Wibbenmeyer
Privileged Communication Extended To The Corporate Ombudsman-Employee Relationship Via Federal Rule Of Evidence 501, Kevin L. Wibbenmeyer
Journal of Dispute Resolution
While there is no universally accepted definition of a corporate ombudsman, many companies view a corporate ombudsman as a neutral manager within a corporation, who may provide informal assistance to both managers and employees in resolving work-related concerns and whose office is located outside of the management structure.2 Serious interest in utilizing a corporate ombudsman did not take a firm hold in the corporate arena until the 1900's.3 Reasons for increased interest in the corporate ombudsman include: an increasingly welleducated employee pool, changing laws and statutes, and stresses associated with huge increases in government contracting.4 Kientzy v. McDonnell Douglas Corp. …
Injunctions Pending Arbitration: Do The Courts Really Have Jurisdiction, Elizabeth Phillips
Injunctions Pending Arbitration: Do The Courts Really Have Jurisdiction, Elizabeth Phillips
Journal of Dispute Resolution
The issue of injunctive relief pending arbitration stems from the language of the Federal Arbitration Act (FAA), 5 which compels arbitration.16 The instant decision falls within the growing majority of cases holding that the issuance of an injunction to preserve the status quo pending arbitration fulfills the court's obligation under the FAA to enforce a valid agreement to arbitrate. 7
Right To Sue Vs. The Agreement To Arbitrate: The Dilemma In Title Vii Cases, The, Jennifer A. Clifton
Right To Sue Vs. The Agreement To Arbitrate: The Dilemma In Title Vii Cases, The, Jennifer A. Clifton
Journal of Dispute Resolution
In enacting Title VII, Congress specifically gave employees who are victims of discrimination based on race, color, religion, sex, or national origin the opportunity for judicial redress through the federal courts.2 In Alexander v. Gardner-Denver Co.,3 the Supreme Court held that a Title VII suit could be maintained despite a clause in an employment contract providing for the arbitration of all employment disputes. After Alexander, two federal circuit courts followed the Supreme Court's ruling.4 However, a recent trio of Supreme Court decisions favoring contractual agreements for the arbitration of several statutorily-founded claims5 cast doubt upon the continued applicability of Alexander …
Confidentiality In Mediation: Status And Implications, Kent L. Brown
Confidentiality In Mediation: Status And Implications, Kent L. Brown
Journal of Dispute Resolution
Mediation is becoming an increasingly popular alternative to formal adjudication. Large mediation programs handling huge numbers of both civil and criminal cases have sprung up in several of the largest cities in the nation. In Tulsa, Oklahoma, when the police write a citation, they often write "mediation" in place of a dollar amount.' The mediation program in Columbus, Ohio, handled over 9,000 cases in a one year period.2 Of those 9,000 cases, 500 ultimately resulted in criminal charges, 3 and twelve resulted in one of the disputants murdering the other.4
Feminist Theory, Professional Ethics, And Gender-Related Distinctions In Attorney Negotiating Styles, Lloyd Burton, Larry Farmer, Elizabeth D. Gee, Lorie Johnson
Feminist Theory, Professional Ethics, And Gender-Related Distinctions In Attorney Negotiating Styles, Lloyd Burton, Larry Farmer, Elizabeth D. Gee, Lorie Johnson
Journal of Dispute Resolution
Historically, law has been a male-dominated profession; only recently has it become possible to consider the woman's experience and perspective with respect to law practice generally and negotiation practice in particular. This paper addresses two gender-related issues: first, are there identifiable gender-related distinctions in the negotiating behavior of attorneys? Second, if there are discoverable differences, are they attributable to ethical perspectives linked to gender? In addressing these questions, this article begins by reviewing the literature on feminist theory, moral development, and negotiation theory. These themes are tied together in a review of the small but growing literature on negotiation ethics. …
Arbitration Allocates Costs Of Hazardous Waste Cleanup Claim Under Superfund, Nancy P. O'Brien
Arbitration Allocates Costs Of Hazardous Waste Cleanup Claim Under Superfund, Nancy P. O'Brien
Journal of Dispute Resolution
With the growth in volume and complexity of environmental enforcement cases, alternative dispute resolution (ADR) has assumed increasing importance in the allocation of costs among liable parties. At the same time, the growth is less than might be expected because of obstacles in both the governmental and private sectors. This dichotomy is especially evident in cases involving pollution from hazardous wastes. 4
Enforcement Of State Annexed-Arbitration Rules In Federal Courts With Diversity Jurisdiction: Towey V. Catling, John S. Mackey
Enforcement Of State Annexed-Arbitration Rules In Federal Courts With Diversity Jurisdiction: Towey V. Catling, John S. Mackey
Journal of Dispute Resolution
Both state and federal court systems are swamped with litigants. This fact is so widely recognized, repeating it almost seems unnecessary. Courts experiment with a variety of approaches just to pump some of this litigious bilge into alternative forums for resolution. The state of Hawaii sought to lighten its overburdened docket with a Court Annexed Arbitration Program.2 It provides for mandatory submission of certain tort claims to arbitration.' It is non-binding and either party may obtain a trial de novo at its conclusion.4 However, to do so is not without risk. Pursuit of a trial de novo gambles not only …
Recent Developments: The Uniform Arbitration Act, Scott Blair, Amy Brice, Robert Carroll, Chuck Hatfield
Recent Developments: The Uniform Arbitration Act, Scott Blair, Amy Brice, Robert Carroll, Chuck Hatfield
Journal of Dispute Resolution
Since 1983, this annual Article 2 has been prepared to provide a survey of recent developments in the case law interpreting and applying the various state versions of the Uniform Arbitration Act3. The purpose is to promote uniformity in the interpretation of the U.A.A. by developing and explaining the underlying principles and rationales courts have applied in recent cases.
Is Settlement Conditioned On Vacatur An Option - Should It Be, Elizabeth L. Anstaett
Is Settlement Conditioned On Vacatur An Option - Should It Be, Elizabeth L. Anstaett
Journal of Dispute Resolution
Currently, whether a court grants or denies a motion to vacate resulting from settlement depends more on the particular court in which the request is made, than on the facts of the case and the effect of vacatur. Courts not permitting vacatur have expressed the fear that parties sensing they are going to lose will "buy their way out of an unfavorable precedent often at the relatively cheap price asked by the single opponent they face in that appeal."1 Other courts routinely grant requests for vacatur. Settlements conditioned on the court's granting vacatur, and thereby avoiding precedent or issue preclusion, …
Quasi-Judicial Immunity: The Arbitrator's Shield Or Sword, Robert M. Carroll
Quasi-Judicial Immunity: The Arbitrator's Shield Or Sword, Robert M. Carroll
Journal of Dispute Resolution
With the rising number of divorces in today's society 2 and with the national emphasis to resolve child custody disputes through alternative forms of dispute resolution,3 the ability to hold arbitrators accountable for their actions within settlement conferences is becoming a prevalent issue. Arbitrators and mediators, commonly outside of the court's supervision, are now determining the best interests of the child, a role traditionally reserved to the courts.4 This increase of out-of-court settlements creates a need for certain standards which hold these quasi-judicial officers responsible for their decisions and liable for their actions. The court in Howard v. Drapkin addressed …
Struggle Over Consolidation Of Arbitration Proceedings Continues: The Eighth Circuit Chooses Sides, The, Scott E. Blair
Struggle Over Consolidation Of Arbitration Proceedings Continues: The Eighth Circuit Chooses Sides, The, Scott E. Blair
Journal of Dispute Resolution
In response to rising litigation costs and overburdened court dockets, parties are realizing the opportunity to resolve disputes more efficiently through the use of arbitration. 2 To ensure access to arbitration, parties are including provisions in contracts requiring arbitration of future disputes.3 Courts enforce these agreements pursuant to the Federal Arbitration Act (FAA), 4 originally adopted by Congress in 1925, which officially acknowledged the validity of private agreements to arbitrate.5 As a result, courts are faced with procedural issues, such as consolidation of separate arbitration proceedings, in their attempt to enforce the contracts in accordance with the parties' agreement. 6 …
Book Review , Timothy J. Heinsz
Book Review , Timothy J. Heinsz
Journal of Dispute Resolution
As the use of arbitration as a dispute resolution mechanism continues to increase not only in the area of labor relations but also in other fields as well, the authority of arbitrators to issue remedies has likewise become a more important topic. The breadth of this power was established early on in labor-management arbitrations in the Steelworkers Trilogy.1 There the Supreme Court concluded that by entering into an arbitration agreement, a company and union could commission the arbitrator to bring an informed judgment to bear in reaching a fair resolution. The Court stated: "This is especially true when it comes …
Out With The Old, In With The New: The Mini-Trial Is The New Wave In Resolving International Disputes, Mark D. Calvert
Out With The Old, In With The New: The Mini-Trial Is The New Wave In Resolving International Disputes, Mark D. Calvert
Journal of Dispute Resolution
Historically, merchants used arbitration to settle commercial disputes among themselves.1 However, the early American courts viewed arbitration unfavorably, often refusing to acknowledge its validity. 2 During the 1970's, however, the courts' attitude toward arbitration shifted. The United States Supreme Court decision, The Breman v. Zapata Off-Shore Co.,3 ushered in an era of growing acceptance toward arbitration agreements. The change in the Court's attitude has allowed businesses to provide for arbitration agreements in their contracts without fearing that their desire to avoid litigation would be thwarted
Elizabeth Dutson Gee - 1945-1991, Lloyd Burton, Gerald Williams
Elizabeth Dutson Gee - 1945-1991, Lloyd Burton, Gerald Williams
Journal of Dispute Resolution
No abstract provided.
Your Forum Or Mine - Where To Arbitrate Investor-Broker Securities Claims, Christopher J. Moeller
Your Forum Or Mine - Where To Arbitrate Investor-Broker Securities Claims, Christopher J. Moeller
Journal of Dispute Resolution
This Comment will discuss the present forums available for customer-broker arbitration disputes, the problems arising in the current system, what changes in the present system may help resolve these problems, and the desirability of creating a new forum to handle all securities arbitrations between customers and brokers. This Comment will not challenge the desirability of arbitrating customer-broker disputes in general. Indeed, many scholars and commentators argue that arbitration is beneficial to both the customer and the broker because it provides a more efficient and less expensive means of settling disputes than litigation. However, for arbitration to effectively handle customer grievances, …
Valuation Of Cases For Settlement: Theory And Practice, Peter Toll Hoffman
Valuation Of Cases For Settlement: Theory And Practice, Peter Toll Hoffman
Journal of Dispute Resolution
Trial lawyers frequently talk about the value of their cases when they are counseling clients' negotiating with opposing counsel, or conversing with their fellow attorneys. The term "value" may have several definitions when referring to cases, but most attorneys intend it to mean the amount at which they expect a case to settle. However, despite the frequency with which they speak of value, the subject remains cloaked with a miasma of lawyer folklore.
Promise And Problems In Divorce Mediation, Steven T. Knuppel
Promise And Problems In Divorce Mediation, Steven T. Knuppel
Journal of Dispute Resolution
In the past two decades, mediation in general has gained increasing acceptance in the legal community.' "[T]he search for alternative methods of resolving disputes has burgeoned to 'a movement'."2 In the divorce context, particularly, mediation has been seen by some as a more suitable process than the adversary system. 3 Proponents of mediation assert that the adversary system involves debilitating expense, frustrating delay, 4 and fails to address the emotional needs of the parties.5 Adversarial tactics often aggravate rather than resolve spousal differences, 6 though an amicable settlement might be in the best interests of both parties, especially when there …
Statutory Claims Under Erisa: Is Arbitration The Appropriate Forum, Amy L. Brice
Statutory Claims Under Erisa: Is Arbitration The Appropriate Forum, Amy L. Brice
Journal of Dispute Resolution
The Employment Retirement Income Security Act of 1974 (ERISA) 2 provides a regulatory scheme for the myriad of employee benefit plans that affect so many workers and their families today. 3 One ERISA issue is whether claims under the Act may be arbitrated or if they must be heard in a judicial forum. The Supreme Court has not yet spoken on this issue, but the district court in Southside Internists Group PC Money Purchase Pension Plan v. Janus Capital Corp. relied on the Supreme Court's determinations of arbitrability in various other cases 4 to conclude that ERISA claims may be …