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Articles 121 - 150 of 1304
Full-Text Articles in Dispute Resolution and Arbitration
In Praise Of Reconciliation: The In-Court Settlement As A Global Outreach For Appropriate Dispute Resolution, Cesare Cavallini, Stefania Cirillo
In Praise Of Reconciliation: The In-Court Settlement As A Global Outreach For Appropriate Dispute Resolution, Cesare Cavallini, Stefania Cirillo
Journal of Dispute Resolution
A sense of crisis in the administration of civil justice is widespread. Whether the typical difficulties faced by many countries unfold in excessive costs and delays, they have stark implications for the effectiveness of the procedural systems and access to justice. Several new institutions evolved to deal with this state of crisis. Amongst them, the judicially-led settlement, which has the peculiarity of being an alternative tool, despite being performed in the courtroom, made inroads worldwide. However, the pro-adjudication rhetoric raised and continue to raise severe qualms of parties’ coercion and judicial partiality resulting from the judge’s dual role as conciliator …
How Can International Commercial Courts Become An Attractive Option For The Resolution Of International Commercial Disputes?, Shahar Avraham-Giller, Rabeea Assy
How Can International Commercial Courts Become An Attractive Option For The Resolution Of International Commercial Disputes?, Shahar Avraham-Giller, Rabeea Assy
Journal of Dispute Resolution
Arbitration has dominated the landscape of the resolution of international commercial disputes (that is, private disputes involving transnational connections). Nevertheless, the last fifteen years have witnessed a proliferation in the establishment of new commercial courts in several countries, with the aim of attracting international commercial disputes. This article makes the novel argument that such attempts are unlikely to render adjudication an attractive alternative to arbitration. For the new international commercial courts to fully realize their potential and produce a sustainable market of adjudication, some mechanism is needed to secure the enforceability of jurisdiction clauses and the judgments delivered by courts …
Where’S The First Tee And What’S The Course Record?: The Pros And Cons Of Using Adr In The Pga Tour-Liv Golf Antitrust Suit, Sean Mcdowell
Where’S The First Tee And What’S The Course Record?: The Pros And Cons Of Using Adr In The Pga Tour-Liv Golf Antitrust Suit, Sean Mcdowell
Journal of Dispute Resolution
LIV Golf has taken the professional golfing world by storm. Started by golfing legend Greg Norman and funded by the Saudi Arabia Public Fund, LIV golf has brought a new league with a new format to golf, but it has also drawn its fair share of criticism due to its sources of funding. In response to the rise of LIV Golf, the PGA TOUR, professional golf’s principal league, announced it would suspend any player that signed a contract to play for LIV Golf. Recently, eleven LIV Golf players and LIV Golf itself have filed an antitrust suit against the PGA …
Asean Dispute Settlement And The Temple Of Preah Vihear, David Y.K. Kwok
Asean Dispute Settlement And The Temple Of Preah Vihear, David Y.K. Kwok
Journal of Dispute Resolution
The Association of Southeast Asian Nations (“ASEAN”) was established in 1967. The founding members of ASEAN are Indonesia, Malaysia, Philippines, Singapore and Thailand. Five other countries have since joined ASEAN, including Brunei, Laos, Vietnam, Cambodia and Myanmar. Today, ASEAN represents a strong economic organization which has Gross Domestic Product ranking top ten in the world. As to why the founding members decided to establish such an organization, Piris and Woon take the view that it was for the purpose of combating communism during the 1960s. In 2007, a milestone event for ASEAN was the adoption of the ASEAN Charter (“the …
Missouri’S Ultimate Dead Hand Control: The Development And Relationship Between Donative Arbitration Provisions And No-Contest Clauses In Wills & Trusts, Hunter Hummell
Journal of Dispute Resolution
In Epigrams of a Cynic, Ambrose Bierce wrote “death is not the end; there remains the litigation over the estate.” As true as that statement was in 1912, it does not take a cynic to see the role that probate and litigation play in our world today. In 2022, Americans will spend over two billion dollars on probate. The probate system has always been one the most important foundations of the U.S modern legal system. In Missouri alone, there were over 15,000 cases filed in the probate court in 2021. It seems that death and conflict are inseparable. The idea …
Player Discipline In The Nfl: Arbitration Or Arbitrary?, Adam Walker
Player Discipline In The Nfl: Arbitration Or Arbitrary?, Adam Walker
Journal of Dispute Resolution
Since the Houston Texans drafted him in 2017, Deshaun Watson has statistically been one of the best quarterbacks in the National Football League (“NFL”). Watson led the Texans to the playoffs in both the 2018 and 2019 seasons before internal organizational issues led to Watson requesting a trade after the 2020 season. By the end of March 2021, twenty-one women had filed civil lawsuits alleging Watson of sexual assault and sexual misconduct. Watson did not immediately face any discipline from the NFL, but the Texans made Watson inactive for every week of the 2021 season in light of the accusations …
New Update Available: How The Doordash And Tiktok Cases Will Change The Way Arbitration Is Utilized In Class Actions, Allison Garrett
New Update Available: How The Doordash And Tiktok Cases Will Change The Way Arbitration Is Utilized In Class Actions, Allison Garrett
Journal of Dispute Resolution
In the commercialized and technology-driven world we live in today, it is astonishingly easy to find an area where an arbitration clause has influenced our lives. If you have purchased a smart phone, applied for a credit card, downloaded an app, or ordered takeout, you have likely signed an arbitration clause. Arbitration claims can be a powerful tool for suppressing collective action and contributed to the steady decrease of class action filings for decades, particularly against large corporations. With the strengthening of arbitration clauses in the past several decades and the court’s tricky relationship with their enforcement, arbitration claims have …
Party Self-Empowerment From Preparation For Mediation Sessions, John Lande
Party Self-Empowerment From Preparation For Mediation Sessions, John Lande
Faculty Blogs
If parties are well-prepared before mediation sessions, they will be knowledgeable, confident, and assertive so that they can exercise their decision-making authority as well as possible. Well-prepared parties can make decisions before and during mediation sessions rather than simply relying on mediators to promote their self-determination. In other words, they will feel more empowered to participate productively. Depending on the circumstances, mediators, lawyers, courts, and/or mediation programs may help parties get prepared.
Len Riskin Pulls It All Together In Managing Conflict Mindfully, John Lande
Len Riskin Pulls It All Together In Managing Conflict Mindfully, John Lande
Faculty Blogs
This post describes Len Riskin’s impressive career and summarizes themes in his book, Managing Conflict Mindfully: Don’t Believe Everything You Think. He argues that people can wisely manage conflict by learning to use and integrate three sets of ideas and techniques – negotiation, mindfulness, and internal family systems (IFS). You can think of IFS as the conversation or negotiation between different voices in our heads. Rather than conceiving people as having only a single “unitary” self, IFS recognizes the “multiplicity” of our selves.
Problem-Resolution Lawyering Across The Twenty-First Century Law Curriculum, John Lande
Problem-Resolution Lawyering Across The Twenty-First Century Law Curriculum, John Lande
Faculty Blogs
This post highlights an article by Kris Franklin and F. Peter Phillips. They argue, “Framing lawyers’ professional role as helping clients resolve problems – and therefore in turn, conceiving law school coursework as preparation for that role – should alter teaching, learning, and law practice in ways that inevitably improves each.” The article includes “exemplars” of ways to shift the legal curriculum to focus on lawyers as problem resolution partners.
A Proposal For The Joint Development Of Generative Ai For The Dispute Resolution Profession, John Lande
A Proposal For The Joint Development Of Generative Ai For The Dispute Resolution Profession, John Lande
Faculty Blogs
This post by Gary Doernhoefer proposes the development of a data set for the dispute resolution profession as the basis for AI systems. The ideal model would be for a collaboration in the dispute resolution field to create the refined data set, establish guardrails, and set privacy parameters for the use of the data. This would involve a centralized advisory board to address concerns such as (1) privacy requirements for how the queries are received, stored, and used, (2) the expertise needed to curate additional training materials, (3) shared costs of development, and (4) gaining the cooperation of industry authors …
Real Mediation Systems To Help Parties And Mediators Achieve Their Goals, John M. Lande
Real Mediation Systems To Help Parties And Mediators Achieve Their Goals, John M. Lande
Faculty Publications
This article argues that it is time for a paradigm shift in our current general mediation theory because of numerous problems. Our current theory is incomplete at best and seriously misleading at worst. The traditional mediation models are oversimplified, poorly mapping onto the reality of practice. They combine multiple elements that are not necessarily correlated. Many practitioners ignore them because they are confusing or not helpful. People do not understand the theoretical meanings because the terms are not consistent with commonly understood language. Arguments about what is or is not real or good mediation have spawned unhelpful ideological divisions in …
Ai, Adr, And Anxiety, John Lande
Ai, Adr, And Anxiety, John Lande
Faculty Blogs
This post discusses AI generally, growing anxiety about it and modern life generally, and how we can manage this anxiety. Anxiety about AI may be feeding into a more general anxiety about events in the US and around the world. We can address anxiety by focusing on what we actually can control. Regarding AI and ADR, I suggest that the machine mediation “glass” will be partly empty and partly full – as is human mediation. It’s important to recognize our own reactions to and fears about AI, have as accurate and balanced an understanding of what’s happening as possible, acknowledge …
Avatar Mediation, John Lande
Avatar Mediation, John Lande
Faculty Blogs
This post speculates about how AI systems might mediate (or assist in mediation) in the not-too-distant future.
Should We Get Rid Of The Bar Exam?, John Lande
Should We Get Rid Of The Bar Exam?, John Lande
Faculty Blogs
This post discusses an article analyzing empirical data about licensing of lawyers in Wisconsin. Graduates of Wisconsin schools have a diploma privilege and are licensed in that state without taking a bar exam. The article argues that bar exams generally don’t fulfill their purpose of protecting the public. They consume tremendous resources of the legal profession, law schools, and law student and divert attention from activities that are likely to be more effective and valuable.
Ai And Empathy, John Lande
Ai And Empathy, John Lande
Faculty Blogs
This post speculates about whether AI systems will be able to replicate human empathy – at least enough to satisfy people interacting with them.
A Mediator And A Bot Walk Into A Bar …, John Lande
A Mediator And A Bot Walk Into A Bar …, John Lande
Faculty Blogs
This post presents ChatGPT’s decent response to a question about the main models of mediation (or at least much better than what most of my students would have written).
Orienting Toward Party Choice: A Simple Self-Determination Tool For Mediators, Robert A. Baruch Bush, Dan Berstein
Orienting Toward Party Choice: A Simple Self-Determination Tool For Mediators, Robert A. Baruch Bush, Dan Berstein
Journal of Dispute Resolution
No abstract provided.
Competing For The Starting Line: How Ombuds Programs Can Help Transgender Student Athletes Participate Under Various State Policies, Drew Fabricius
Competing For The Starting Line: How Ombuds Programs Can Help Transgender Student Athletes Participate Under Various State Policies, Drew Fabricius
Journal of Dispute Resolution
No abstract provided.
How The Farmers (Empowerment And Protection) Agreement On Price Assurance And Farm Services Act, 2020 Turns Attempts At Conciliation Into Compulsion, Sydney Bennett
Journal of Dispute Resolution
No abstract provided.
You Have Got To Be Keating Me: Why The Ending Forced Arbitration Of Sexual Assault And Sexual Harassment Act Is A Good Start, Hirsh Joshi
Journal of Dispute Resolution
No abstract provided.
Arbitrator Bias: Why We Should Adopt The Ninth Circuit's Reasonable Impression Standard, Viridiana Marcial
Arbitrator Bias: Why We Should Adopt The Ninth Circuit's Reasonable Impression Standard, Viridiana Marcial
Journal of Dispute Resolution
No abstract provided.
Analyzing The Anatomy Of Innovative Investment Treaty Drafting: The Quest To Safeguard The Right To Regulate, Naimeh Masumy, Carrie Shu Shang
Analyzing The Anatomy Of Innovative Investment Treaty Drafting: The Quest To Safeguard The Right To Regulate, Naimeh Masumy, Carrie Shu Shang
Journal of Dispute Resolution
No abstract provided.
Why Missouri State Courts Should Implement An Online Dispute Resolution Platform To Resolve Traffic Tickets, Warrants And Please, And Misdemeanors, Emma Wormington
Why Missouri State Courts Should Implement An Online Dispute Resolution Platform To Resolve Traffic Tickets, Warrants And Please, And Misdemeanors, Emma Wormington
Journal of Dispute Resolution
No abstract provided.