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Dispute Resolution and Arbitration Commons™
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Articles 1 - 30 of 1013
Full-Text Articles in Dispute Resolution and Arbitration
From Ancient Practices To Modern Law: The Evolution Of Mediation, Shannon Hoggatt
From Ancient Practices To Modern Law: The Evolution Of Mediation, Shannon Hoggatt
Journal of Dispute Resolution
From property disputes in ancient Sumer to complex corporate conflicts in modern America, mediation has long served as a vital tool for resolving disputes without resorting to formal adjudication. Defined as “a process in which an impartial third party helps others resolve a dispute or plan a transaction,” mediation has been used to settle disputes since as early as 4500-1900 B.C.E. Over millennia, mediation has evolved in response to cultural, legal, and technological shifts, reflecting the diverse values and priorities of the societies that employed it.
Arbitration Unplugged: Heckman V. Live Nation And The Future Of Compelled Arbitration, Will Knowles
Arbitration Unplugged: Heckman V. Live Nation And The Future Of Compelled Arbitration, Will Knowles
Journal of Dispute Resolution
“Long story short, it was a bad time.” The lyrics from Taylor Swift’s 2020 song Long Story Short resonated strongly with her fans in 2022 when they attempted to purchase tickets to her record breaking Eras Tour. The self-proclaimed “Swifties” waited for weeks to purchase presale through the tour’s official ticketing partner, Ticketmaster. Ticketmaster, an American ticketing giant owned by Live Nation, handles over seventy percent of all ticket transactions in the country. November 15 arrived and the Swiftie army entered the virtual queue with hopes of securing tickets to see their hero. Ticketmaster, however, did not prepare for the …
“Take A Seat”: Overcoming The Enforceability Challenges Of Crowdsourced Blockchain Arbitration, Anna-Sophie Hochgürtel
“Take A Seat”: Overcoming The Enforceability Challenges Of Crowdsourced Blockchain Arbitration, Anna-Sophie Hochgürtel
Journal of Dispute Resolution
This essay addresses the recent phenomenon of Crowdsourced Blockchain Arbitration (CBA). Within the landscape of new digital dispute resolution tools, I argue that CBA stands out as a cost-effective adjudicative dispute resolution forum for online consumer disputes. I then provide an overview of existing CBA platforms and address the question to what extent CBA constitutes a form of arbitration. Only if it does can CBA arbitration agreements and arbitration awards be enforced domestically and internationally under the New York Convention of 1958. I demonstrate that while CBA proceedings correspond to a conceptual understanding of arbitration, they fall outside the international …
Topple Headfirst Into The Dark: Restorative Justice In Missouri And Hope For The Future, Emma Donaldson
Topple Headfirst Into The Dark: Restorative Justice In Missouri And Hope For The Future, Emma Donaldson
Journal of Dispute Resolution
Imagine you are not reading this article. Instead, you are walking back home from dinner with your friends. As you walk down the street, someone comes up behind you and demands you hand them your money. You turn around to give them all the money you have, only to lock eyes with the barrel of a gun. What are you feeling in this moment? A little bit of rage perhaps. Maybe your hands have started shaking. Or, just maybe, you are feeling a little defiant. But before you can even react, a police officer is running down the street, yelling …
Resolving Ranks: The Role Of Adr In Military Justice, Dane Puckett
Resolving Ranks: The Role Of Adr In Military Justice, Dane Puckett
Journal of Dispute Resolution
The United States (U.S.) Armed Forces is composed of seven military branches: Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, and Space Force. Each military branch has an alternative dispute resolution (“ADR”) program. These programs use a collection of techniques, generally informal and collaborative in nature, to resolve disputes as a substitute for litigation. The characteristics of ADR proceedings tend to produce quicker, less expensive outcomes compared to litigation. This very reason is why Congress enacted the Administrative Dispute Resolution Act (“ADRA”) of 1996, directing federal agencies to establish ADR policies and programs.
Legislative Update, Steven Flanders, Brianna Ford Imm, Anna Miller, Katie Taafe
Legislative Update, Steven Flanders, Brianna Ford Imm, Anna Miller, Katie Taafe
Journal of Dispute Resolution
The Legislative Update tracks legislation related to alternative dispute resolution proposed and enacted in state legislatures nationwide. Under the guidance of the Associate Editor-in-Chief, Associate Members of the Journal of Dispute Resolution prepared this update. It includes articles examining specific bills and broader legislative trends across various states that the authors found particularly significant and impactful.
Towards Customizing Principled Negotiation Based On Culture: A Differentiated Approach, Monique Carels, Yannic Anthony Ratt
Towards Customizing Principled Negotiation Based On Culture: A Differentiated Approach, Monique Carels, Yannic Anthony Ratt
Journal of Dispute Resolution
Negotiation is a common part of our lives. We often negotiate with our spouses about the monthly budget, with our children to complete chores or homework, and when trying to get a better deal on a pre-owned vehicle. The negotiation process encompasses various aspects that are carried out differently and are influenced by culture. Thus, negotiation becomes intercultural when it involves at least two parties from different cultural backgrounds trying to agree on mutual interests
The Settlement Privacy-Transparency Matrix: Moving Beyond The Dichotomous Mindset In The Settlement Debate, Alyson Carrel, Peter K. Chan
The Settlement Privacy-Transparency Matrix: Moving Beyond The Dichotomous Mindset In The Settlement Debate, Alyson Carrel, Peter K. Chan
Journal of Dispute Resolution
The philosopher Arthur Schopenhauer once wrote, “The first forty years of life give us the text; the next thirty supply the commentary on it.” Forty years after Owen Fiss’s seminal article “Against Settlement,” it is time to reimagine how we approach the settlement debate beyond traditional dichotomies. Just as Schopenhauer recognized that time and experience allow us to better understand our past, forty years of grappling with the settlement debate have given us the perspective to see its limitations, and now with emerging technologies, new possibilities. The ‘text’ of the debate—its dichotomous framing and distributive solutions—has shaped four decades of …
Looking Forward, Reflecting Back: The Promise Of Dispute Resolution To Reform The Criminal Legal System, Cynthia Alkon
Looking Forward, Reflecting Back: The Promise Of Dispute Resolution To Reform The Criminal Legal System, Cynthia Alkon
Journal of Dispute Resolution
The criminal legal system in the United States is plagued by serious and systemic problems. There have been countless efforts at reform over the last many decades that have included changes in what is a crime, how crimes are punished, how prosecutors do their job, and changes in policing. Yet, despite these efforts, problems such as mass incarceration remain deeply embedded. It is easy to be swept up in pessimism when discussing the criminal legal system. Change is hard, at best incremental, and we seem to be in the beginning of an era of backlash against recent reforms. This is …
Psychology And Dispute Resolution: Looking Forward, Jennifer K. Robbennolt
Psychology And Dispute Resolution: Looking Forward, Jennifer K. Robbennolt
Journal of Dispute Resolution
There is a long and deep history of interconnection between dispute resolution and psychology. Concepts like procedural justice permeate the literature. Psychologists have investigated and provided data about phenomena such as the fixed pie bias, impasse aversion, and reactive devaluation. Research drawing on the psychology of heuristics and biases has been influential, particularly in work on settlement decision making. Studies in this tradition have explored how framing, anchoring, anticipated regret, and different ways of considering options can influence the decisions made by disputants. Psychologists have explored the role of apologies in dispute resolution, the role of emotion in negotiation, and …
Introduction To The Symposium Issue, Allie Widick
Introduction To The Symposium Issue, Allie Widick
Journal of Dispute Resolution
The following articles stem from the presentations at the 2024 Mizzou Law Center for the Study of Dispute Resolution 40th anniversary symposium. The symposium, titled Dispute Resolution at Forty: Looking Back, Looking Forward, featured some of the top legal scholars, including former Mizzou Law professors, and even a former Journal of Dispute Resolution Editor-in-Chief. The three panels discussed traditional and non-traditional dispute resolution forms, the NextGen Bar Exam, and emerging trends. A highlight of the event included a keynote address with Leonard Riskin, the first director of the Center for the Study of Dispute Resolution.
Volunteered Or Voluntold: Effectiveness Of Good Faith Clauses On Court-Ordered Mediation, J. Michael Moore
Volunteered Or Voluntold: Effectiveness Of Good Faith Clauses On Court-Ordered Mediation, J. Michael Moore
Journal of Dispute Resolution
Mediation is the “process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.” There is a growing trend in many states and the federal government to allow courts to refer parties to mediation or other forms of alternative dispute resolution (“ADR”). However, one of the distinguishing elements of a mediation is that the parties come to a voluntary agreement. If the court has forced the parties to mediate, does that negate the voluntary nature of mediation? The answer to this question appears to be yes, but the real …
Is Current “Repeat Player” Theory Much Ado Over Much Less—An Evidence-Based Overhaul, Edward P. Mcdermott
Is Current “Repeat Player” Theory Much Ado Over Much Less—An Evidence-Based Overhaul, Edward P. Mcdermott
Journal of Dispute Resolution
This empirical study suggests that the existence and impact of the “repeat player effect” (“effect”) may be exaggerated. Legal and conflict resolution theorists suggest that the existence of repeat players is a process flaw. They opine that first time players (“one-shotters”) are at a disadvantage to repeat players. Stulberg extended this process flaw theory to mediation.
Arbitration: An Unstoppable Wave?, Matthew Boston
Arbitration: An Unstoppable Wave?, Matthew Boston
Journal of Dispute Resolution
In recent years, large companies have started favoring the use of compelled arbitration agreements. Arbitration is one of many mechanisms encompassed under alternative dispute resolution (“ADR”), a broad framework by which parties may seek alternatives to litigation. As a whole, ADR arose with the intent of avoiding the high costs of litigation. Arbitration became the “principal form of ADR” for a period of time, with cost savings in mind.
“America’S Peacemaker” Needs A Makeover: The Department Of Justice’S Community Relations Service Should Use Transformative Mediation And Restorative Justice In Today’S Black Lives Matter Movement, Julianna Leung
Journal of Dispute Resolution
On March 7, 1965, civil rights leaders John Lewis and Hosea Williams led hundreds of people across the Edmund Pettus Bridge in Selma, Alabama. Their goal was to march to the state capitol of Montgomery in protest of racial segregation and the suppression of African American voters. On the other side of Pettus bridge, state troopers and spectators waving Confederate flags waited for them. When the protesters reached the end of Pettus, state trooper Major John Cloud ordered them to stop the march and leave. Williams tried to speak with Major Cloud, but Major Cloud rebuffed him. When the protestors …
Cooperative Creativity: The Adr Foundations Of Modern Dance Copyright, Audrey O'Brien
Cooperative Creativity: The Adr Foundations Of Modern Dance Copyright, Audrey O'Brien
Journal of Dispute Resolution
In the mid-twentieth century, the landscape of copyright was quickly changing, facing new technologies as well as cultural changes that would ultimately test the limits of the 1909 Copyright Act. Choreographic copyright protection changed immensely throughout the last half of the twentieth century, and one ballet company at the forefront of the changing tides of copyright law was the New York City Ballet (“NYCB”), led by choreographer George Balanchine. By the time Balanchine passed, the legacy of both his company, NYCB, and his body of copyrighted work was immense enough to determinatively color the way choreographic copyrights are handled under …
Catching Up To Technology: Mediation’S Role In The Era Of Driverless Cars, Kaitlyn Puyear
Catching Up To Technology: Mediation’S Role In The Era Of Driverless Cars, Kaitlyn Puyear
Journal of Dispute Resolution
An autonomous vehicle (AV), also known as a driverless or self-driving car, is a vehicle that can operate itself and perform necessary functions without human intervention. Autonomous vehicles have been under development since the midtwentieth century and operate with the use of cameras and radar systems to acquire information about road conditions—allowing them to choose the easiest path of travel.
How Ai Can Help Mediators Say What They Really Mean, John Lande
How Ai Can Help Mediators Say What They Really Mean, John Lande
Journal of Dispute Resolution
This article critiques the widespread use of the terms “facilitative” and “evaluative” to describe mediation techniques. Despite their popularity in scholarship and practice, these labels are inconsistently defined, frequently misunderstood, and fundamentally flawed. Drawing on a survey of mediation experts, the article documents significant confusion about how professionals interpret these terms – and how they think that others interpret them. It builds on Leonard Riskin’s critique of the facilitative-evaluative framework, which shows that the language not only oversimplifies complex processes but also risks confusing parties and undermining informed decision-making.