Open Access. Powered by Scholars. Published by Universities.®

Dispute Resolution and Arbitration Commons™

Open Access. Powered by Scholars. Published by Universities.®

University of Missouri School of Law

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 1261 - 1290 of 1321

Full-Text Articles in Dispute Resolution and Arbitration

Recent Developments: The Uniform Arbitration Act Jan 1988

Recent Developments: The Uniform Arbitration Act

Journal of Dispute Resolution

The National Conference of Commissioners on Uniform State Laws in 1955 proposed the Uniform Arbitration Act [hereinafter U.A.A.] A large number of states have adopted arbitration statutes based upon the U.A.A. 8 The purpose of this survey is to explain the principles underlying recent court decisions interpreting the U.A.A. and provide a framework for analyzing future cases.'

Go to article

Mediation Of Victim Offender Conflict , Mark S. Umbreit Jan 1988

Mediation Of Victim Offender Conflict , Mark S. Umbreit

Journal of Dispute Resolution

This article will attempt to not only describe the process of applying mediation techniques in victim offender conflict, but to also examine the extent to which it may be similar to other applications of mediation. Specific areas to be addressed in this article include: an overview of the victim offender mediation process; client satisfaction with a victim offender mediation program in Minnesota; the meaning of fairness to victims in mediation; and a comparison with the traditional definition of mediation.

Go to article

Intersections Of Business And Legal Dispute Resolution: Decision Analytic Modeling Of Litigation Investment Decisions, George J. Siedel Jan 1988

Intersections Of Business And Legal Dispute Resolution: Decision Analytic Modeling Of Litigation Investment Decisions, George J. Siedel

Journal of Dispute Resolution

The relationship between law school and business school approaches to dispute resolution has not, to date, been clearly articulated and discussed. This is unfortunate because increased awareness of the differences in perspective would enrich dispute resolution theory and practice. The purpose of this paper is twofold. First, a dispute resolution taxonomy will be used to provide an overview of the linkage between law school-type ADR concepts and the business school interest in power theory and conflict intervention. Second, to illustrate the benefits that can arise from interaction between legal and business research, a specific technique--the use of decision tree analysis …

Go to article

Finding A Common Ground For Canada And The United States To Resolve Acid Rain Disputes, Susan C. Cagann Jan 1988

Finding A Common Ground For Canada And The United States To Resolve Acid Rain Disputes, Susan C. Cagann

Journal of Dispute Resolution

On a clear day in Columbia, Missouri, a pedestrian may wonder why he suddenly senses an acrid taste in his mouth, or why his eyes begin to tear or sting. A car owner may notice paint coming off her car as she washes spots off its surface. The local effects of acid deposition on Missourians are relatively minor at the moment. Dr. Gray Henderson, a University of Missouri Professor in Forestry, Fish and Wildlife, attributes this to the geological composition of the state; limestone, a natural buffer to the effects of acid deposition, underlies vast portions of Missouri.' As a …

Go to article

To Arbitrate Or Not To Arbitrate - The Protection Of Rights Under The Age Discrimination In Employment Act - Steck V. Smith Barney, Harris Upham & (And) Co., Thomas D. Rodenberg Jan 1988

To Arbitrate Or Not To Arbitrate - The Protection Of Rights Under The Age Discrimination In Employment Act - Steck V. Smith Barney, Harris Upham & (And) Co., Thomas D. Rodenberg

Journal of Dispute Resolution

The attempt to compel arbitration in a dispute involving federal statutory rights given judicial protection brings into tension two firmly established national policies. On one side, there is the national policy as set forth in the Federal Arbitration Act' (hereinafter Arbitration Act) which strongly favors arbitration agreements.' On the other side, there is the national policy of providing broad access to the courts as the means of enforcing certain statutorily granted rights.' The tension is created when an individual bound by an arbitration agreement raises a claim based on a federal statutory right which is judicially protected. This is precisely …

Go to article

Trial By Ambush Or Avalanche - The Discovery Debacle, Walter E. Oberer Jan 1987

Trial By Ambush Or Avalanche - The Discovery Debacle, Walter E. Oberer

Journal of Dispute Resolution

I fell in love with the law in 1946, during my first week in law school. It has been a torrid affair ever since. "Ever since" has entailed seven years of law practice followed by thirty-two years of law professing, eight of these as a dean. Against this backdrop of fealty, I had occasion recently to encounter the legal process as it presently, honest-to-God, exists. This encounter was not as a lawyer, not as a law professor, not as a consultant, not, that is, as a professional impersonally involved, but as the father of the mother in a child-custody case. …

Go to article

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.

Go to article

Camping Is On The Rise: A Survey Of Judicially-Implemented Pre-Argument Conference Programs In The United States Circuit Courts Of Appeal, Teresa A. Generous, Katherine D. Knocke Jan 1987

Camping Is On The Rise: A Survey Of Judicially-Implemented Pre-Argument Conference Programs In The United States Circuit Courts Of Appeal, Teresa A. Generous, Katherine D. Knocke

Journal of Dispute Resolution

In April of 1974, Chief Judge Irving R. Kaufman initiated a Civil Appeals Management Plan (hereinafter "CAMP") in the Second Circuit. Over the next thirteen years, pre-argument conference programs were implemented in several other circuits. To date, there are currently five circuits with such a program in effect. These programs possess some common characteristics as well as some distinguishing features. The purpose of this article is to present an overview of the use of the pre-argument conference program in federal appellate courts

Go to article

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.

Go to article

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.

Go to article

Deciding Arbitrability: At&(And)T Technologies, Inc. V. Communications Workers Of America, Sondra B. Morgan Jan 1987

Deciding Arbitrability: At&(And)T Technologies, Inc. V. Communications Workers Of America, Sondra B. Morgan

Journal of Dispute Resolution

Who decides arbitrability-the courts or the arbitrator? The United States Supreme Court recently addressed this issue in the case of AT&T Technologies, Inc. v. Communications Workers of America.2 The Court in AT&T reaffirmed its earlier holding from United Steelworkers v. Warrior & Gulf Navigation Co.,3 where it held that arbitrability is a matter for judicial determination. 4

Go to article

Peacemakers: Biblical Conflict Resolution And Reconciliation As A Model Alternative To Litigation, The, Judith M. Keegan Jan 1987

Peacemakers: Biblical Conflict Resolution And Reconciliation As A Model Alternative To Litigation, The, Judith M. Keegan

Journal of Dispute Resolution

The purpose of this article is to examine Biblical conflict resolution as a model or method for dispute resolution: (1) to determine its development, purpose and goals, theoretical basis, and procedure or process; (2) to evaluate Biblical conflict resolution as an alternative to the legal system; and (3) to establish the contemporary value and validity of Biblical conflict resolution.

Go to article

Mediating With A Powerful/Competitive Couple: Michael And Debbie, John M. Haynes Jan 1987

Mediating With A Powerful/Competitive Couple: Michael And Debbie, John M. Haynes

Journal of Dispute Resolution

The behavior of the mediator is situational. That is, s/he not only uses specific strategies that are appropriate to each situation during the mediation, s/he also behaves differently depending on the overall dynamics of the parties. If both parties are equally powerful and competitive, the mediator tends to be more controlling and engage in direct control activities that are not explained to the parties. If the parties appear to be fragile and/or depressed, the mediator will be less controlling, seek to gain their permission for strategies to empower them, and move more slowly through the process.

Go to article

Title Page Jan 1987

Title Page

Journal of Dispute Resolution

No abstract provided.

Go to article

Grievance Mediation Of Contracual Disputes In Public Education, Sylvia Skratek Jan 1987

Grievance Mediation Of Contracual Disputes In Public Education, Sylvia Skratek

Journal of Dispute Resolution

This summary provides an overview of the findings of the study. There are, of course, many findings in the body of the report which are not summarized here, and interested readers are encouraged to examine the full report for these details.

Go to article

Book Review Jan 1987

Book Review

Journal of Dispute Resolution

No abstract provided.

Go to article

Recent Developments - The Uniform Arbitration Act Jan 1987

Recent Developments - The Uniform Arbitration Act

Journal of Dispute Resolution

The Uniform Arbitration Act [hereinafter UAA] was proposed by the National Conference of Commissioners on Uniform State Laws in 1955.2 At present, well over half of the states have enacted arbitration statutes based upon the UAA.3 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.4

Go to article

Table Of Contents Jan 1987

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

Go to article

Moving Negotiations From Idle To Forward: The Commitment To Flexibility, Peter Contuzzi Jan 1987

Moving Negotiations From Idle To Forward: The Commitment To Flexibility, Peter Contuzzi

Journal of Dispute Resolution

The beginning of any mediation is obviously a good time to clarify procedures and roles. But it also offers the mediator a special opportunity to elicit a commitment from the negotiating parties which can prove quite useful later on: a commitment to flexibility. This article examines some advantages of seeking this commitment from the parties at the outset of negotiations and contrasts the commitment to flexibility with the more traditional one to negotiate in good faith.

Go to article

Why We Teach Law Students To Mediate, Kathleen W. Marcel, Patrick Wiseman Jan 1987

Why We Teach Law Students To Mediate, Kathleen W. Marcel, Patrick Wiseman

Journal of Dispute Resolution

It has become fashionable, if it was not always, to find fault with the legal system and those who operate it. For people seeking alternatives to, or substitutes for, the traditional system of justice, mediation and other nonlitigation processes are appealing.' As a general proposition, we are neither advocates for nor opponents of mediation as a process for handling and resolving disputes. Our experiences in observing mediations and in mediating have led us to conclude that there are appropriate and inappropriate uses of mediation as there are appropriate and inappropriate uses of other processes including litigation. Indeed, one of our …

Go to article

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.

Go to article

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 …

Go to article

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.

Go to article

Title Page Jan 1986

Title Page

Journal of Dispute Resolution

No abstract provided.

Go to article

Table Of Contents Jan 1986

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

Go to article

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.

Go to article

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.

Go to article

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.

Go to article

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.

Go to article

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 …

Go to article

First Prev Next Last