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Articles 1231 - 1260 of 1321
Full-Text Articles in Dispute Resolution and Arbitration
Table Of Leading Notes-Authors
Consumers Swallow Another Lemon: Agency Consent Order Preemption Of State Lemon Law Standards For Informal Dispute Resolution - General Motors V. Abrams, Gregory L. Barnes
Consumers Swallow Another Lemon: Agency Consent Order Preemption Of State Lemon Law Standards For Informal Dispute Resolution - General Motors V. Abrams, Gregory L. Barnes
Journal of Dispute Resolution
This Note will first examine the background of GM v. Abrams, which involves a successful attempt by General Motors (GM) to use a Federal Trade Commission (FTC) consent order to block the application of New York's "Lemon Law" 6 to the arbitration program contained in the order.7 Second, it will discuss the legal context of the dispute (chiefly the extension of the federal preemption doctrine to "implicitly preemptive" agency consent orders). Third, it will outline the court's application of that doctrine in the instant case. Finally, it will offer a critical evaluation of both the legal and policy grounds of …
Five-Year Index To Volumes 1984-1989: Contents
Five-Year Index To Volumes 1984-1989: Contents
Journal of Dispute Resolution
No abstract provided.
Hey Counselor, Can You Spare A Dime - The Seventh Circuit's High-Water Mark In Curbing Meritless Challenges Of Arbitration Awards - Hill V. Norfolk & (And) Western Railway, Robert K. Angstead
Hey Counselor, Can You Spare A Dime - The Seventh Circuit's High-Water Mark In Curbing Meritless Challenges Of Arbitration Awards - Hill V. Norfolk & (And) Western Railway, Robert K. Angstead
Journal of Dispute Resolution
This Note traces the history of the Seventh Circuit's recent use of Rule 11 in actions involving the circumvention of the arbitration process to that circuit's highwater mark decision in Hill v. Norfolk & Western Railway.1 " This history serves to illuminate the imperative delivered by Judge Posner, not only to members of the bar in the Seventh Circuit but to officers of the court nationwide: "Lawyers practicing in the Seventh Circuit, take heed!"
How Existing Procedures Shape Alternatives: The Case Of Grievance Mediation, Deborah M. Kolb
How Existing Procedures Shape Alternatives: The Case Of Grievance Mediation, Deborah M. Kolb
Journal of Dispute Resolution
Mediation is one of the oldest and most ubiquitous forms of conflict resolution in American society and throughout the world. Traditionally a prominent adjunct to labor and international negotiation, mediation is now used in divorce, family, civil, consumer, commercial and employee relations, environmental planning and siting, and the development of governmental procedures and regulations.' As mediation has penetrated into these new areas of social life, curiosity about the practice of mediation, that is, what mediators actually do to bring about settlement, has increased.
Mediation Interventions And Restorative Potential: A Case Study Of Juvenile Restitution, Harry Mika, Kimberley Cole, Anmarie Aylward
Mediation Interventions And Restorative Potential: A Case Study Of Juvenile Restitution, Harry Mika, Kimberley Cole, Anmarie Aylward
Journal of Dispute Resolution
This paper explores a far less prevalent variant of juvenile restitution, distinguished by the use of mediation to reconcile victims and offenders and to establish the specific terms of restitution by consensus. In addition to general discussions of restitution and mediation, a more focused descriptive profile of mediation interventions in juvenile restitution for Dallas, Texas, is presented. Drawing from case materials and the direct involvement of the authors as third party neutrals in juvenile restitution, the mediation component of this program is further scrutinized for its adequacy for addressing needs of victims and offenders within what Zehr identifies as retributive …
Child Custody Mediation: A Proposed Alternative To Litigation, Terri Garner
Child Custody Mediation: A Proposed Alternative To Litigation, Terri Garner
Journal of Dispute Resolution
Section II of this article describes the historical framework from which child custody mediation has developed. Section III discusses the process and procedures normally followed by a mediator in order to assure maximum, effective results. Section IV explains the role of the mediator including ethical considerations and problems faced by attorneys who wish to mediate the custody disputes of divorcing couples. Section V sets forth the results and conclusions of the Denver Custody Mediation Project (Denver Project), an influential study that has become the basis of encouraging mediation throughout the nation. Finally, Section VI discusses the advantages and disadvantages of …
Cool Hand Lawyers: White Collar Crime And Tactics Of The Prosecution And Defense, M. Shawn Askinosie
Cool Hand Lawyers: White Collar Crime And Tactics Of The Prosecution And Defense, M. Shawn Askinosie
Journal of Dispute Resolution
This Comment is designed to facilitate the understanding of the white collar criminal plea bargaining process "which is not as open to the public view" and illuminate the actors' "carefully planned clash of positions." There is more to this process than a plea of guilty to reduced charges. The order of ideas in this Comment should be considered as both chronological and at times interactive depending on the facts and law of each case.
Applying Adr To Hospital Staff Privilege Disputes: A Prescription For The Future Of Health Care, Laurel E. Shealey
Applying Adr To Hospital Staff Privilege Disputes: A Prescription For The Future Of Health Care, Laurel E. Shealey
Journal of Dispute Resolution
In today's world of rising medical costs, hospital liability for staff negligence, and the uncertainty surrounding the viability of many medical procedures, hospitals are increasingly concerned with having competent doctors who can work effectively in a changing medical environment. In order to regulate staff quality, hospitals have broad discretion in granting, terminating, and reducing hospital staff privileges t
Sour Lemon: Federal Preemption Of Lemon Law Regulations Of Informal Dispute Settlement Mechanisms - Motor Vehicle Manufacturers Association V. Abrams, A, David P. Hiatt
Journal of Dispute Resolution
Federal preemption of state "lemon laws" is a relatively recent development in the battle between federal and state law for control of regulation in the consumer protection area. Although preemption is the key issue upon which Motor Vehicle Manufacturers Association v. Abrams 2 was decided, the outcome affects the continued viability of manufacturers to establish workable settlement mechanisms to handle the resolution of disputes with consumers. The court, in holding the New York "Lemon Law"3 preempted by the Magnuson-Moss Warranty Act4 , determined that the federal policy of encouraging manufacturers to voluntarily establish dispute resolution mechanisms outweighed New York's efforts …
Recent Developments: The Uniform Arbitration Act
Recent Developments: The Uniform Arbitration Act
Journal of Dispute Resolution
The U.A.A. provides that "[a] written agreement to submit any existing controversy to arbitration . . . is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. "5 Courts and legislatures alike routinely state the policies promoting arbitration. Because most states favor the settlement of disputes through arbitration, there is a tendency for courts to find a valid arbitration agreement
Setting The Standard For Overturning An Arbitrator's Award That Violates Public Policy - United Paperworkers International V. Misco, Inc., Brian Darling
Journal of Dispute Resolution
For over forty years, the United States Supreme Court has recognized the principle that great deference is to be given by the courts to the decisions of arbitrators.2 The Court has applied this same deferential standard in reviewing arbitration awards which are challenged on the basis of being in violation of public policy.3 The well settled rule is that a court must enforce the award unless it violates a well defined, explicit public policy that is ascertained "by reference to the laws and legal precedents and not from general considerations of supposed public interest."4 Recently, the Supreme Court reaffirmed this …
Early Neutral Evaluation: The Second Phase, David I. Levine
Early Neutral Evaluation: The Second Phase, David I. Levine
Journal of Dispute Resolution
The federal court for the Northern District of California has operated an experimental program in expedited dispute resolution called Early Neutral Evaluation (ENE) since 1985. After a lengthy and careful period of analysis and revision of the program, the Court has permanently adopted ENE on the basis of considerable evidence that it is an effective way to improve the resolution of civil disputes and on the basis of the strong endorsement of the program by those who have participated in it. This report first briefly describes ENE and the results from the author's study of the initial pilot phase. It …
Labor Arbitration And State Wrongful Discharge Actions: Due Process Or Remedial Double Dipping - Lingle V. Norge Division Of Magic Chef, Inc., John Porter Hoel
Labor Arbitration And State Wrongful Discharge Actions: Due Process Or Remedial Double Dipping - Lingle V. Norge Division Of Magic Chef, Inc., John Porter Hoel
Journal of Dispute Resolution
This note will explore the history of Section 301 of the Labor Management Relations Act 6 (LMRA) and the preemption doctrine, the development of the wrongful discharge action, the case history involving union employees filing state actions for wrongful discharge, and the effect the Lingle decision will have on business, the judicial system and, most importantly, the body politic of the individual states. Emphasis will be placed on the important role the state legislature will play in determining the exact ramifications of the Supreme Court's decision. Finally, the note will outline and discuss four main options state legislatures have when …
Book Review Essay , James E. Westbrook
Book Review Essay , James E. Westbrook
Journal of Dispute Resolution
Getting Disputes Resolved is an important addition to the growing body of scholarly and how-to-do-it literature on disputing and dispute processing. It offers guidelines and advice on designing and implementing dispute resolution systems that are based on the authors' experience as designers of dispute resolution systems in the coal industry. The authors are among the more prominent scholar-practitioners in the dispute resolution field. William L. Ury, associate director of the Program on Negotiation at Harvard Law School, co-authored (with R. Fisher) Getting to Yes: Negotiating Agreements Without Giving In. Jeanne M. Brett, J.L. Kellogg Professor of Dispute Resolutions and Organizations …
Book Review , Nanette K. Laughrey
Book Review , Nanette K. Laughrey
Journal of Dispute Resolution
As the practice of divorce mediation continues to grow, more and more professionals need training and literature to develop skills and perspective. A welcome addition to their libraries will be Divorce Mediation: Theory and Practice, edited by Jay Folberg and Ann Milne. In the preface, the editors explain that the purpose of the book is to examine divorce mediation from an interdisciplinary perspective. They achieve this goal with a series of articles written by professionals from such diverse fields as anthropology, sociology, psychology, law, and social work. Each article examines a different aspect of divorce mediation and provides the special …
Negotiated Investment Strategy, Carl M. Moore
Negotiated Investment Strategy, Carl M. Moore
Journal of Dispute Resolution
The Negotiated Investment Strategy (NIS) was created by the urban affairs program at the Kettering Foundation as a vehicle for cities to shape their own future. The creators of the NIS, in the late 1970's, observed that while most major cities needed help, such help was hard to come by. Three reasons account for this. First, the assistance that was available to cities, particularly from the federal government, was often in the form of categorical grants, and it was difficult to tailor the assistance to the particular needs of the city. Second, there was a great deal of duplication of …
Judge's Role In Settlement: Opinions From Missouri Judges And Attorneys, The, James A. Wall Jr., Dale E. Rude
Judge's Role In Settlement: Opinions From Missouri Judges And Attorneys, The, James A. Wall Jr., Dale E. Rude
Journal of Dispute Resolution
This study investigates judges' involvement in settlement, and the opinions that Missouri judges and attorneys hold toward that involvement. In a survey of 1,100 judges and 1,550 attorneys, we found that Missouri judges differ significantly from Missouri attorneys. Specifically, Missouri judges prefer less judicial involvement in settlement and they, in the cases sent to them, were less aggressive in facilitating settlement. Finally, judges and attorneys from Missouri's metropolitan areas were found to favor stronger involvement in settlement than were their counterparts from the non-metropolitan areas.
Effective Lawyering In Judicially Hosted Settlement Conferences, Wayne D. Brazil
Effective Lawyering In Judicially Hosted Settlement Conferences, Wayne D. Brazil
Journal of Dispute Resolution
The purpose of this article is to describe in detail the most effective approaches and techniques that I have seen lawyers use in settlement conferences. Having hosted hundreds of negotiations, I have seen many different lawyering styles. In the pages that follow, I share with interested litigators my ideas (unconfirmed by scientific tests) about what works in the settlement dynamic and what does not. I write informally; the "you" that I address so often are the litigators I hope to reach.
Setback For The Public Policy Of Encouraging Settlements - Bank Of America National Trust & (And) Savings Association V. Hotel Rittenhouse Associates, A, Cynthia A. Deiters
Setback For The Public Policy Of Encouraging Settlements - Bank Of America National Trust & (And) Savings Association V. Hotel Rittenhouse Associates, A, Cynthia A. Deiters
Journal of Dispute Resolution
The advent of the "litigation explosion" has caused the legal community to adopt an alternative dispute-resolving policy of encouraging settlement negotiations. The Federal Rules of Evidence reflect this policy by expressly making evidence of settlement negotiations inadmissible at trial in an attempt to encourage frank discussion during settlement negotiations., In Bank of America National Trust & Savings Association v. Hotel Rittenhouse Associates,3 a majority decision by the Court of Appeals for the Third Circuit dealt this policy a crippling blow. The court held that the long-standing common law right of access to judicial records overcame this policy of encouraging settlements.' …
Constitutionality Of Mandatory Farmer-Lender Mediation: The Minnesota Plan - Laue V. Production Credit Association, The, Jeffrey L. Dawson
Constitutionality Of Mandatory Farmer-Lender Mediation: The Minnesota Plan - Laue V. Production Credit Association, The, Jeffrey L. Dawson
Journal of Dispute Resolution
In March of 1986, the Minnesota legislature adopted an omnibus farm bill. A principal part of this bill was the "Farmer-Lender Mediation Act" s (hereinafter Act). The Act requires mandatory mediation notice in the case of any debt foreclosure proceedings brought against farm debtors.8 The Act was scrutinized by the Minnesota Court of Appeals in a case of first impression in Laue v. Production Credit Association.
Malpractice Review Panels: Efficiency Or Judicial Death - Colton V. Riccobono, Janis L. Prewitt
Malpractice Review Panels: Efficiency Or Judicial Death - Colton V. Riccobono, Janis L. Prewitt
Journal of Dispute Resolution
The constitutionality of state statutes requiring review of medical malpractice claims by a malpractice panel as a condition precedent to trial has been the source of much litigation.' These acts (hereinafter "panel acts") were motivated by the so-called medical malpractice "crisis."' In the mid-1970's, health care providers and other interested citizens became concerned that many malpractice claims were frivolous and requested unrealistic damages.4 State legislators responded by trying to find a means to limit malpractice filings to those cases which might have merit,5 thereby reducing the economic consequences to health care seekers.' This note discusses the constitutionality of these statutes …
Quality Of Settlements, The, Marc Galanter
Quality Of Settlements, The, Marc Galanter
Journal of Dispute Resolution
When I was a law student, some 30 years ago, I don't recall hearing much about settlement. I am sure that my teachers knew there were a lot of settlements, but they were not worthy of much attention. They were part of the realm of practical nuts and bolts detail that lay outside learning about the law; law school was about cases that were adjudicated.