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Dispute Resolution and Arbitration Commons™

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University of Missouri School of Law

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Articles 1291 - 1320 of 1321

Full-Text Articles in Dispute Resolution and Arbitration

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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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it is important for practioners to be aware of and review potential areas of state arbitration acts which may be superceded by the FAA.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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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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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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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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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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Table Of Contents Jan 1985

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

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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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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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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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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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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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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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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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Table Of Contents Jan 1984

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

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Recent Developments: The Uniform Arbitration Act Jan 1984

Recent Developments: The Uniform Arbitration Act

Journal of Dispute Resolution

The Uniform Arbitration Act (UAA), 1 proposed by the National Conference on Uniform State Laws in 1955, has been adopted by slightly more than half the states.' The purpose of this survey is to explain the principles underlying court decisions interpreting the UAA, and provide a framework for analyzing future cases.

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Judicial Participation In Settlement, James A. Wall, Dale E. Rude, Lawrence F. Schiller Jan 1984

Judicial Participation In Settlement, James A. Wall, Dale E. Rude, Lawrence F. Schiller

Journal of Dispute Resolution

In the following pages, we will briefly delineate the settlement process, enumerate the techniques currently utilized by judges to facilitate settlement, and discuss the perceived ethics of these techniques. Finally, we will consider the circumstances under which judges typically participate in settlement.

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Introduction, Leonard L. Riskin Jan 1984

Introduction, Leonard L. Riskin

Journal of Dispute Resolution

No abstract provided.

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Guideposts For An Institutional Framework Of Consensual Dispute Processing, John S. Murray Jan 1984

Guideposts For An Institutional Framework Of Consensual Dispute Processing, John S. Murray

Journal of Dispute Resolution

The purpose of this Article is to outline a set of characteristics which can serve as initial guideposts for the eventual development of a framework for a comprehensive institution to assist disputing parties in more effectively resolving their conflicts. Consensual dispute processing appears to be at the point in its growth where it needs to be liberated from its present "alternatives" status and allowed to mature as a separate, full-fledged institution.

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Preface By The Dean, Dale A. Whitman Jan 1984

Preface By The Dean, Dale A. Whitman

Faculty Publications

It will no surprise to readers of this Journal that in recent years there has been an enormous increase of interest by lawyers in non-litigous methods of resolving disputes. We have seen a vast proliferation of newsletters, magazines, bar association committees, and other organs.

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Rhetoric And Reality In The Dispute Settlement Movement, Frederick E. Snyder Jan 1984

Rhetoric And Reality In The Dispute Settlement Movement, Frederick E. Snyder

Journal of Dispute Resolution

Efforts to demystify and simplify the way disputes are settled in American society seem to have congealed into a nationwide movement within less than a decade: neighborhood justice centers, arbitration, divorce mediation, no-fault auto insurance, do-it-yourself probate, "plain English" land and rental agreements, government ombudsmen, consumer hot lines, community mediation of minor criminal cases. A growth industry, if there ever was one

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Title Page Jan 1984

Title Page

Journal of Dispute Resolution

No abstract provided.

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Alternative Means Of Dispute Resolution: Practices And Possibilities In The Federal Government, William French Smith Jan 1984

Alternative Means Of Dispute Resolution: Practices And Possibilities In The Federal Government, William French Smith

Journal of Dispute Resolution

In the early nineteenth century Alexis de Tocqueville predicted that the law would become a secular religion in the United States, and that every important political question would be turned into a matter for law and litigation.' History once again has proven de Tocqueville's remarkable prescience. Over the past two decades, there has been a staggering increase in litigation.2 Americans now are filing more lawsuits than ever before, and are litigating a wide variety of disputes that previously had been resolved through other means.

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Preface By The Dean, Dale A. Whitman Jan 1984

Preface By The Dean, Dale A. Whitman

Journal of Dispute Resolution

No abstract provided.

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Arbitral Decisions: A Social Science Analog, John E. Drotning, Bruce Fortado Jan 1984

Arbitral Decisions: A Social Science Analog, John E. Drotning, Bruce Fortado

Journal of Dispute Resolution

This paper develops the idea that arbitral decision making has an analog in social science research.1 It asserts that the hypothesis testing procedure in social sciences is directly analogous to the arbitral process. The research format of an economist, sociologist, or psychologist might be as follows: 1. Generate the null (H.) and alternate (H) hypotheses to be tested. 2. Collect reliable and valid data relative to the hypothesis. 3. Evaluate and analyze this data by subjecting it to statistical tests. 4. Arrive at conclusions by accepting or rejecting the null hypothesis after statistical testing. 5. Explain and discuss findings

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Training Lawyers To Be More Effective Dispute Preventers And Dispute Settlers: Advocating For Non-Adversarial Skills, Paul L. Tractenberg Jan 1984

Training Lawyers To Be More Effective Dispute Preventers And Dispute Settlers: Advocating For Non-Adversarial Skills, Paul L. Tractenberg

Journal of Dispute Resolution

After briefly recounting some milestones in the history of legal education, and especially efforts to train lawyers in non-Langdellian techniques, I will explore re-orientation of lawyer training, first globally and then more specifically. Most of the ideas in this article are not new. Many of them date back 50 years and more. Articles by Llewellyn and Frank in the 1920's and 1930's could be reprinted with modest changes and seem totally relevant. 3 This in itself bears serious pondering. We do have the advantage of some relatively recent studies which, in the main, tend to support Llewellyn's and Frank's intuitions. …

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Federal Preemption Of Arbitration - Southland Corp. V. Keating, Ronald A. Conway Jan 1984

Federal Preemption Of Arbitration - Southland Corp. V. Keating, Ronald A. Conway

Journal of Dispute Resolution

Arbitration agreements have traditionally been viewed with disfavor.2 Many states have refused to enforce arbitration clauses to the same extent as other agreements, either under the common law or by statute.8 This hostility towards arbitration agreements was the result of an attempt to preserve the courts' jurisdiction. Any agreement which deprived courts of jurisdiction was frowned upon.' The United States Supreme Court recently held that the Federal Arbitration Act5 (FAA) preempts state law and must be applied in state courts. This decision is in accord with a trend throughout the nation to make arbitration agreements specifically enforceable.6 The effect of …

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