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Dispute Resolution and Arbitration Commons

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Full-Text Articles in Dispute Resolution and Arbitration

Table Of Contents Jul 2020

Table Of Contents

Journal of Dispute Resolution

No abstract provided.


Comparative Law And International Dispute Resolution Processes: Looking Forward, Looking Back, S. I. Strong Jul 2020

Comparative Law And International Dispute Resolution Processes: Looking Forward, Looking Back, S. I. Strong

Journal of Dispute Resolution

No abstract provided.


Faculty List Jul 2020

Faculty List

Journal of Dispute Resolution

No abstract provided.


The Potential Role Of Adr In Ncaa Academic Fraud Cases, Katherine Ross Jul 2020

The Potential Role Of Adr In Ncaa Academic Fraud Cases, Katherine Ross

Journal of Dispute Resolution

No abstract provided.


International Dispute System Design: Shoals And Shifting Goals, Janet Martinez Jul 2020

International Dispute System Design: Shoals And Shifting Goals, Janet Martinez

Journal of Dispute Resolution

No abstract provided.


The Reception Of Collective Actions In Europe: Reconstructing The Mental Process Of A Legal Transplantation, Csongor István Nagy Jul 2020

The Reception Of Collective Actions In Europe: Reconstructing The Mental Process Of A Legal Transplantation, Csongor István Nagy

Journal of Dispute Resolution

No abstract provided.


Table Of Contents Jan 2020

Table Of Contents

Journal of Dispute Resolution

No abstract provided.


The Man Behind The Curtain: How Mandatory Arbitration Impedes The Advancement Of Lgbtq+ Rights, Devon M. Loerch Jan 2020

The Man Behind The Curtain: How Mandatory Arbitration Impedes The Advancement Of Lgbtq+ Rights, Devon M. Loerch

Journal of Dispute Resolution

No abstract provided.


Legal Origin And Court Involvement: A U.S.-Israeli Comparison Of Commercial Arbitration, Annabelle Attias Jan 2020

Legal Origin And Court Involvement: A U.S.-Israeli Comparison Of Commercial Arbitration, Annabelle Attias

Journal of Dispute Resolution

No abstract provided.


Mediation And Misconduct: A Better Way To Resolve Title Ix Disputes, Adam Laytham Jan 2020

Mediation And Misconduct: A Better Way To Resolve Title Ix Disputes, Adam Laytham

Journal of Dispute Resolution

No abstract provided.


New Ways Of Protecting Collective Interests: Italian Class Litigation And Arbitration Through A Comparative Analysis, Marcello Gaboardi Jan 2020

New Ways Of Protecting Collective Interests: Italian Class Litigation And Arbitration Through A Comparative Analysis, Marcello Gaboardi

Journal of Dispute Resolution

No abstract provided.


The Dispute Resolution Movement Needs Good Theories Of Change, John Lande Jan 2020

The Dispute Resolution Movement Needs Good Theories Of Change, John Lande

Journal of Dispute Resolution

No abstract provided.


Description Jan 2020

Description

Journal of Dispute Resolution

No abstract provided.


Pouring A Little Psychological Cold Water On Online Dispute Resolution, Jean R. Sternlight Jan 2020

Pouring A Little Psychological Cold Water On Online Dispute Resolution, Jean R. Sternlight

Journal of Dispute Resolution

No abstract provided.


Faculty List Jan 2020

Faculty List

Journal of Dispute Resolution

No abstract provided.


Evaluating Mediation’S Future, Erin R. Archerd Jan 2020

Evaluating Mediation’S Future, Erin R. Archerd

Journal of Dispute Resolution

No abstract provided.


Masthead Jan 2020

Masthead

Journal of Dispute Resolution

No abstract provided.


Rethinking The Delivery Of Justice In A Self-Service Society, Michael L. Buenger Jan 2020

Rethinking The Delivery Of Justice In A Self-Service Society, Michael L. Buenger

Journal of Dispute Resolution

No abstract provided.


Designing Online Dispute Resolution, Janet K. Martinez Jan 2020

Designing Online Dispute Resolution, Janet K. Martinez

Journal of Dispute Resolution

No abstract provided.


State Legislative Update, Juvan Bonni, Jonathan Ence, Lauren Smith, Jackson Tyler Jan 2020

State Legislative Update, Juvan Bonni, Jonathan Ence, Lauren Smith, Jackson Tyler

Journal of Dispute Resolution

No abstract provided.


Will Discovery Kill Arbitration?, Kevin Mason Jan 2020

Will Discovery Kill Arbitration?, Kevin Mason

Journal of Dispute Resolution

No abstract provided.


Blockchain And The Inevitability Of Disputes: The Role For Online Dispute Resolution, Orna Rabinovich-Einy, Ethan Katsch Jul 2019

Blockchain And The Inevitability Of Disputes: The Role For Online Dispute Resolution, Orna Rabinovich-Einy, Ethan Katsch

Journal of Dispute Resolution

Blockchain seems to be everywhere these days. It is touted as the new foolproof technology, which can be used for everything from cryptocurrencies, through land registries to identity cards and health records. Enthusiasts have predicted that it will bring about deep change, ensuring data security and identity authentication, while doing away with traditional intermediaries. With blockchain we are told that it is the “new internet,” an application that will change the way we transact—strengthening commitments and ensuring seamless execution. At the same time, and at an alarming frequency, we hear about mass scale fraudulent schemes attacking cryptocurrency exchanges, resulting in …


Why Mediation & “Sorry” Make Sense: Apology Statutes As A Catalyst For Change In Medical Malpractice, Zaina Afrassiab Jul 2019

Why Mediation & “Sorry” Make Sense: Apology Statutes As A Catalyst For Change In Medical Malpractice, Zaina Afrassiab

Journal of Dispute Resolution

Children are taught the most basic common courtesy, apologizing, not long after they learn to speak. While children are expected to say, “I’m sorry,” there are different expectations of and consequences for adults, particularly in professional settings. “As we age, it becomes more difficult to acknowledge harms caused because . . . we are . . . afraid of the consequences that truth-telling sometimes demands.” Can physicians tell patients they are sorry? Should they? In recent years, amidst an ever-increasing fear of litigation, so-called physician apology laws have gained traction in the United States. In fact, apology laws—revisions of state …


E-Nudging Justice: The Role Of Digital Choice Architecture In Online Courts, Ayelet Sela Jul 2019

E-Nudging Justice: The Role Of Digital Choice Architecture In Online Courts, Ayelet Sela

Journal of Dispute Resolution

Justice systems around the world are launching online courts and tribunals as a means to improve their efficiency, increase access to justice, and ameliorate the quality of proceedings. These online courts and tribunals are publicly administered judicial online dispute resolution (ODR) systems that enable litigants, lawyers, judges and court personnel to complete all litigation related activities, from filing through final disposition, on a dedicated digital platform. Online courts are envisioned as a promising response to many challenges that civil justice systems face, including those stemming from voluminous case filings, procedural complexity, limited accessibility, high costs of litigation, and the ubiquity …


Mind The Gap: Bringing Technology To The Mediation Table, Alyson Carrel, Noam Ebner Jul 2019

Mind The Gap: Bringing Technology To The Mediation Table, Alyson Carrel, Noam Ebner

Journal of Dispute Resolution

As technology impacts every aspect of our lives, all professions are exploring how to benefit from use of technology. Mediation is no exception. Since the mid-1990s, the field has explored applying technology to resolve conflict. At an early point this exploration narrowed in on substituting physical convening with wholly-online processes. Conflating “technology” with “online,” however, left an entire practice area unaddressed, a gap we need to mind: application of technology to support traditional, in-person mediation processes. Indeed, today, most mediation processes are largely bereft of technology. This Article suggests that by not minding the gap, traditional mediation forgoes opportunities to …


Description Jul 2019

Description

Journal of Dispute Resolution

No abstract provided.


Masthead Jul 2019

Masthead

Journal of Dispute Resolution

No abstract provided.


Faculty List Jul 2019

Faculty List

Journal of Dispute Resolution

No abstract provided.


Table Of Contents Jul 2019

Table Of Contents

Journal of Dispute Resolution

No abstract provided.


“I Like You When You Are Silent”: The Future Of Ndas And Mandatory Arbitration In The Era Of #Metoo, Jonathan Ence Jul 2019

“I Like You When You Are Silent”: The Future Of Ndas And Mandatory Arbitration In The Era Of #Metoo, Jonathan Ence

Journal of Dispute Resolution

On October 5, 2017, the New York Times published an exposé of Harvey Weinstein, an influential film producer, which sparked what came to be known as the #METOO movement. As part of the report, Ashley Judd and numerous other actresses outed Weinstein for using his position of power to rape, sexually assault, and sexually abuse them–accusations that spanned over thirty years. Inspired by the courage of these women, countless others came forward to share their stories of sexual assault by individuals in positions of power. Survivors of sexual assault appeared to garner strength against their attackers as men in power …