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Dispute Resolution and Arbitration Commons™

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University of Missouri School of Law

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Articles 1261 - 1290 of 1304

Full-Text Articles in Dispute Resolution and Arbitration

Healing Angry Wounds: The Roles Of Apology And Mediation In Disputes Between Physicians And Patients, Ann J. Kellett Jan 1987

Healing Angry Wounds: The Roles Of Apology And Mediation In Disputes Between Physicians And Patients, Ann J. Kellett

Journal of Dispute Resolution

This country is in the midst of what has been identified as a medical malpractice "crisis."' A similar "crisis" was recognized over a decade ago. 2 In both eras, rates for medical liability insurance soared, 3 frequency and severity of claims reportedly increased, 4 and damage awards spiralled.' Decreased availability of malpractice insurance coverage, 6 and its increased cost, threatened availability of physician services in certain specialties and geographic areas.

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Whose Dispute Is This Anyway: The Propriety Of The Mini-Trial In Promoting Corporate Dispute Resolution, Lewis D. Barr Jan 1987

Whose Dispute Is This Anyway: The Propriety Of The Mini-Trial In Promoting Corporate Dispute Resolution, Lewis D. Barr

Journal of Dispute Resolution

This comment is divided into five parts. Part I examines the nature of the mini-trial-its unique and attractive features. Part II inquires into the minitrial's suitability for resolving certain types of disputes. Part III describes how the mini-trial meets the needs of corporate parties to a dispute while benefiting the public. Part IV addresses the validity of general ADRM criticism as applied to the mini-trial. Finally, Part V offers a conclusion on the propriety of the mini-trial for resolving corporate disputes.

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Adr In The Law Firm: A Practical Viewpoint, Karen A. Burch Jan 1987

Adr In The Law Firm: A Practical Viewpoint, Karen A. Burch

Journal of Dispute Resolution

This comment is divided into three major sections. In Part I, the attorneys explain how ADR concepts are employed within their respective firms. Part II is advisory in nature, with the attorneys expressing their opinions and beliefs regarding how ADR should be integrated into a law firm practice. In Part III, the attorneys express some of their perceptions and viewpoints regarding ADR in general.

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Title Page Jan 1986

Title Page

Journal of Dispute Resolution

No abstract provided.

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Impact Of Opinion 11 On The Publication Of Arbitration Awards, The, Donald J. Petersen, Julius Rezler Jan 1986

Impact Of Opinion 11 On The Publication Of Arbitration Awards, The, Donald J. Petersen, Julius Rezler

Journal of Dispute Resolution

The primary purpose of an arbitration award is, of course, to resolve the issues submitted to the arbitrator for determination. However, awards also serve a number of other purposes, namely, to facilitate the selection of arbitrators, to assist researchers in evaluating trends in arbitration, to educate prospective arbitrators, and to help the parties in the preparation of their cases and briefs.

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Uniform Arbitration Act, The Jan 1986

Uniform Arbitration Act, The

Journal of Dispute Resolution

In 1955, the Uniform Arbitration Act (UAA) was proposed by the National Conference of Commissioners on Uniform State Laws.' Since that time, well over half of the states have adopted statutes modeled after the UAA. 2 The purpose of this survey is to explain the principles underlying recent court decisions interpreting the UAA, and provide a framework for analyzing future cases.3

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Defamation And Alternative Dispute Resolution: Healing The Sting, Robert M. Ackerman Jan 1986

Defamation And Alternative Dispute Resolution: Healing The Sting, Robert M. Ackerman

Journal of Dispute Resolution

This article will explore several mechanisms for the resolution of defamation cases. It will first review problems of substantive law which present obstacles to the fair and efficient resolution of these disputes. It will then explore some substantive law reform proposals which may expedite the fair and rational resolution of these disputes. Finally, the article will suggest some private dispute resolution processes which may advance the parties' goals, with or without substantive law reform. While a large number of defamation disputes involve non- media defendants, 9 the article will focus upon disputes involving news organizations. The article will also examine …

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Thesis (Preventive Law), Antithesis (Adversarial Process), Synthesis (Settlement, Adr): A Comment On Nyhard And Dauer, Louis M. Brown Jan 1986

Thesis (Preventive Law), Antithesis (Adversarial Process), Synthesis (Settlement, Adr): A Comment On Nyhard And Dauer, Louis M. Brown

Journal of Dispute Resolution

In terms of the Nyhart-Dauer article, the goal which is to be attained is "the commercial exploitation of the coastal zone and continental shelf."' The legal system aids the accomplishment of that goal by permitting parties to enter into contracts which "define the measure of present exchange and provide the standards by which executory performance will later be judged... "2 The goal is achieved by performances in accord with "creative arrangements" developed "in such a way that their constituents will be most likely to accept and adhere to the undertakings to which they" are committed.3 It is performance that counts. …

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Clinical Negotiating Achievement As A Function Of Traditional Law School Success And As A Predictor Of Future Negotiating Performance, Charles B. Carver Jan 1986

Clinical Negotiating Achievement As A Function Of Traditional Law School Success And As A Predictor Of Future Negotiating Performance, Charles B. Carver

Journal of Dispute Resolution

This article will explore the degree to which these two basic hypotheses have been substantiated. Statistical comparisons will be made between negotiation course performance and overall law school success. Comparisons of bargained results obtained in a Trial Advocacy class are made between students who had previously taken my Lawyer as Negotiator course and students who had not received such clinical training.

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Re-Examination Of Litigation Trends In The United States: Galanter Reconsidered, A, Kenyon D. Bunch, Richard J. Hardy Jan 1986

Re-Examination Of Litigation Trends In The United States: Galanter Reconsidered, A, Kenyon D. Bunch, Richard J. Hardy

Journal of Dispute Resolution

The general commentary on recent litigation patterns in the United States depicts a worrisome, and occasionally panicked, scenario often called the "litigation explosion."' The commentaries characteristically direct attention to a supposed "epidemic of hair-trigger suing" burying the courts under an "avalanche" of civil actions. 2 Moreover, judicial scholars proffer a myriad of purported explanations for the alleged prodigious growth in the number of civil lawsuits. The common theme throughout these explanations is that changes or disruptions in our social, economic, political-legal environments have caused Americans to become a contentious and overly-litigious people.

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Conflict And Paradox In The New American Mediation Movement: Status Quo And Social Transformation, Ted Becker Jan 1986

Conflict And Paradox In The New American Mediation Movement: Status Quo And Social Transformation, Ted Becker

Journal of Dispute Resolution

This essay will focus on some of the disharmony in the field of mediation in the United States, particularly from the perspective of those who try to utilize mediation's potential as an instrument of socio-political transformation. The work of these individuals remains a relatively well-kept secret in a time of much publicity about the numerous virtues of mediation as an "alternative" to the legal system. Among the reasons for this secrecy is that, for the time being, the American conflict resolution movement has been substantially overwhelmed by the force and forces of the legal system, professionalization, bureaucracy, and interest-group politics.

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Doctrine Of Intertwining: A Dead-End After - Dean Witter Reynolds, Inc. V. Byrd, The, Ranee Melissa Force Jan 1986

Doctrine Of Intertwining: A Dead-End After - Dean Witter Reynolds, Inc. V. Byrd, The, Ranee Melissa Force

Journal of Dispute Resolution

The arbitrability of pendent state claims in federal securities cases has become a problematic issue. This issue arises out of federal courts' efforts to recognize the conflicting policies of two federal statutes in the context of investor-broker disputes. 2 Since 1953 federal courts have chosen sides in this controversy3 between the pro-investor Securities Acts' (hereinafter Securities Act, 1933 Act, or 1934 Act) and the pro-broker Federal Arbitration Act 5 (hereinafter Arbitration Act). Ineffectual attempts to reconcile the two competing policies were exemplified in a recent dispute between a retired dentist and his investment company, where the issue was settled by …

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Federal Arbitration Act Comparison Jan 1986

Federal Arbitration Act Comparison

Journal of Dispute Resolution

The question the Supreme Court left unanswered in Southland is which FAA provisions must be applied by state courts.' Although the FAA clearly preempts state law on the enforceability of arbitration clauses, 6 state procedural rules may still apply in enforcing arbitration agreements.' Since the extent of preemption remains to be determined, it is important for practioners to be aware of and review potential areas of state arbitration acts which may be superceded by the FAA. Accordingly, a comparison of the FAA with selected state arbitration statutes will lend practitioners some guidance in determining the applicable law.

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Book Review , John S. Murray Jan 1986

Book Review , John S. Murray

Journal of Dispute Resolution

Textbooks intended for law school use should be evaluated in line with their intended purpose. The objective of Dispute Resolution is to provide law students with materials that describe, explain and raise questions about our society's processes for resolving disputes. An ideal textbook is thorough in its coverage of the substance and issues of the subject matter, usable in the sense of providing resources to help the teacher motivate students and channel class discussion, and readable in a student-friendly sense. In this essay I will review the Goldberg, Green and Sander text from the classroom perspective using these standards as …

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Preliminary Analysis Of The Uses Of Scientific Models In Dispute Prevention, Management And Resolution, A, J. D. Nyhart, E. A. Dauer Jan 1986

Preliminary Analysis Of The Uses Of Scientific Models In Dispute Prevention, Management And Resolution, A, J. D. Nyhart, E. A. Dauer

Journal of Dispute Resolution

The ambition of this article is modest-to suggest linkages at a theoretical level rather than to "prove" them empirically. A fully rigorous analysis, employing the three model-use variants strictly as independent variables, would require the articulation of a comprehensive theory of dispute resolution, a construction which the state of the literature does not yet allow. To the extent that the analysis does lead to at least some preliminary hypotheses about the linkage between process tools and conflict outcomes, it may be useful to the eventual elaboration of such a theory.

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Table Of Contents Jan 1986

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

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Dispute Resolution And Preventive Law: A Reply To Professor Brown, E. A. Dauer, J. D. Nyhard Jan 1986

Dispute Resolution And Preventive Law: A Reply To Professor Brown, E. A. Dauer, J. D. Nyhard

Journal of Dispute Resolution

Within our discussion of scientific models and the processes of dispute resolution,' we suggested a single continuum along which the strategies of Preventive Law and of ADR (Alternative Dispute Resolution) could be arrayed. Beneath that synthesis lay a proposition which we may not have made entirely clear: That the two bodies of hitherto separate principles address problems which are not themselves distinct.

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Will The Seventh Amendment Survive Adr?, Roger W. Kirst Jan 1985

Will The Seventh Amendment Survive Adr?, Roger W. Kirst

Journal of Dispute Resolution

The seventh amendment problem is not within the ADR procedures themselves, but rather in how ADR is integrated into the total system of formal dispute resolution. Proponents of ADR may not intend to destroy federal civil jury trial, but ADR could be a serious threat to the seventh amendment if alternative procedures supplant civil jury trial and leave the constitutional language as a hollow shell. On the other hand, substantial use of ADR would not necessarily threaten seventh amendment values if jury trial remains available; instead, ADR procedures in routine litigation might protect the role of the civil jury in …

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Redress By A Licensing Authority: Settling Home Improvement Disputes In New York City, Richard A. Daynard Jan 1985

Redress By A Licensing Authority: Settling Home Improvement Disputes In New York City, Richard A. Daynard

Journal of Dispute Resolution

First, it costs consumers almost nothing to use, since there are no filing fees and attorneys are unnecessary. Second, it offers the full relief of specific performance rather than the limited amount of damages which are allowed in small claims court. Third, it makes use of expert fact-finding in a technical area in which the typical judge or small claims arbitrator is at sea (and hence may lean too heavily on "credibility" determinations). Fourth, it is supported by a powerful sanction-license revocations-that is not available to other dispute-settlement tribunals. Finally, it is capable of handling a large number of consumer …

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Patterns Of Bias In Mediation, Christopher Honeyman Jan 1985

Patterns Of Bias In Mediation, Christopher Honeyman

Journal of Dispute Resolution

The last few years' discussion of mediation is imbued with a certain "born again" quality. The enthusiasm is understandable in view of the attractive features of this process; but it has obscured the facts that no process works well for everyone, and that for some people, mediation is worse than useless. In view of the general tide of professional opinion that mediation is a "better" process for resolving disputes, qualifications and reservations are easily enough overlooked, and "better for whom?" is not a particularly popular question

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Book Reviews , Robert Coulson Jan 1985

Book Reviews , Robert Coulson

Journal of Dispute Resolution

This is an important book for anyone who needs to understand how changes can be orchestrated in our increasingly complex society and how major economic disagreements can best be resolved. Too many books and papers on dispute resolution are written by academics and others who have little practical experience with the process. Perhaps that is why negotiation is often described in terms of two people bargaining across a table, sometimes with the help of a single, neutral mediator. In real life, each "party" consists of numerous contesting individuals expressing conflicting demands, some resisting any tendency to compromise, others willing to …

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Table Of Contents Jan 1985

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

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Transformation Of Disputes By Lawyers: What The Dispute Paradigm Does And Does Not Tell Us, The, Carrie Menkel-Meadow Jan 1985

Transformation Of Disputes By Lawyers: What The Dispute Paradigm Does And Does Not Tell Us, The, Carrie Menkel-Meadow

Journal of Dispute Resolution

In this essay I will examine the dispute paradigm and its critique through the prism of one of the agents of dispute processing--the lawyer. This is not a simple task because in some studies of dispute processing, the dispute is the independent variable and the lawyer (the agent of dispute transformation) is the dependent variable. In other studies the reverse is true or the relationship is unclear. Are divorces made worse because of lawyers' or do the dynamics of divorce disputes force lawyers to become particularly adversarial and antagonistic? I choose this prism because the transformation of disputes conception not …

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Mediator Expectations And Professional Training: Implications For Teaching Dispute Resolution, Raymond Albert Jan 1985

Mediator Expectations And Professional Training: Implications For Teaching Dispute Resolution, Raymond Albert

Journal of Dispute Resolution

Thus, this study explores the following questions within the context of landlord-tenant disputes: What are mediator role expectations? Do these vary depending on the mediator's professional training? What are the implications for the teaching of disputes resolution?

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Adr Paradigms And Intervenor Values, Joseph B. Stulberg Jan 1985

Adr Paradigms And Intervenor Values, Joseph B. Stulberg

Journal of Dispute Resolution

Mediators insist that they can be neutral intervenors when assisting parties reach a negotiated settlement. They view their role as that of facilitating the development of settlement terms that the parties find acceptable, irrespective of whether the mediator approves of them or if they are in the best interests of either the parties or the public.'

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Title Page Jan 1985

Title Page

Journal of Dispute Resolution

No abstract provided.

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Dispute Resolution: The Fourth R, Albie Davis, Kit Porter Jan 1985

Dispute Resolution: The Fourth R, Albie Davis, Kit Porter

Journal of Dispute Resolution

What will be the consequences of a public skilled in dealing creatively with conflicts? Will universities and law schools be ready when these students enter their classrooms? Will community violence, particularly juvenile crime, decrease? Will suits cease to be the answer? Will lawyers change their style or go out of style? Will the foundations of our legal system be challenged? Will people who feel confident in handling their personal amd community disputes in a non-adversarial manner demand that governments solve international disputes without violence? We do not know the answers to these questions, but the impact of teaching dispute resolution …

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Arbitration In The Securities Industry: Too Much Of A Good Thing, David A. Lipton Jan 1985

Arbitration In The Securities Industry: Too Much Of A Good Thing, David A. Lipton

Journal of Dispute Resolution

The study upon which this article is based was conducted in response to the explosive growth of the use of arbitration in the securities industry as a means of resolving broker/customer disputes. The study was designed to investigate whether the use that is being made of arbitration is efficient and, if inefficiencies were found, what procedures might be employed to screen out inefficient use

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Recent Developments: The Uniform Arbitration Act Jan 1985

Recent Developments: The Uniform Arbitration Act

Journal of Dispute Resolution

The Uniform Arbitration Act (UAA)1 was proposed in 1955 by the National Conference of Commissioners on Uniform State Laws. Since that time, well over half of the states have enacted statutes modeled after the UAA.2 This survey's purpose is to present and explain recent decisions interpreting the UAA, and assist in analyzing future cases.

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Mediation Paradigms And Professional Identities: Can Mediators Activate A New Movement For Justice?, John M. Lande Jun 1984

Mediation Paradigms And Professional Identities: Can Mediators Activate A New Movement For Justice?, John M. Lande

Faculty Publications

This article, written early in the modern ADR era, provided a framework for developing the mediation field. It begins by elaborating William Simon’s critique of the “ideology of advocacy.” Simon argues that the adversary system is supposed to foster values of individuality, autonomy, responsibility, and dignity, but it often undermines those values in practice. This article catalogs a “parade of horribles” experienced by disputants, attorneys, judges, and the public. These include unequal access to justice, procedural rules that frustrate substantive justice, a narrow set of available remedies, a game psychology undermines respect for law and justice, parties’ alienating experience in …

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