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Dispute Resolution and Arbitration Commons™
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Articles 31 - 60 of 1029
Full-Text Articles in Dispute Resolution and Arbitration
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.
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 …
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 …
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 …
“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 …
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 …
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.
Revolutionizing The System: Designing A Safe Order Of Protection Mediation Program, Sabrina Saint-Marc
Revolutionizing The System: Designing A Safe Order Of Protection Mediation Program, Sabrina Saint-Marc
Journal of Dispute Resolution
Consider a situation where an African American man, Tony, residing in a rural southern jurisdiction, holds an order of protection against his partner, John, who is also an African American man. Furthermore, the presiding judge, an elderly white man, was known for denying orders of protection even when sought by white women, which creates an atmosphere where seeking court intervention might result in embarrassment and judgment for the client. This embarrassment and judgment stems from the stereotypes that mostly people who have engaged in criminal behavior belong in court; additionally, survivors experience shame about why they are appearing before a …
Time To Redress® Hazing: Changing The Way Universities Deal With Hazing Claims And Allegations, Katie Miles
Time To Redress® Hazing: Changing The Way Universities Deal With Hazing Claims And Allegations, Katie Miles
Journal of Dispute Resolution
Every year, excited eighteen-year-olds step foot on a college campus ready to start a new chapter. Ready to try new things, these students join various organizations eager to make new friends and connections. Daniel Santulli was no different. He was an excited nineteen-year-old freshman at the University of Missouri in the fall of 2021. Santulli decided to join the Phi Gamma Delta fraternity and was ready to make lifelong friendships. However, on October 20, 2021, Santulli suffered a life-altering injury due to an alcohol-related hazing incident. Santulli was “marched, shirtless and blindfolded, into the basement of the Phi Gamma Delta …
Competition Is For The Ring, Not The Court, Cameron Shields
Competition Is For The Ring, Not The Court, Cameron Shields
Journal of Dispute Resolution
Dolph Ziggler and JD McDonagh performed in a ring in front of a crowd of 20,000 people. Their match was broadcast worldwide. Ziggler placed everything on the line in a match where he wagered his entire career with World Wrestling Entertainment (WWE) for the Intercontinental Championship. Back and forth the two fought. Ziggler brought an early onslaught against McDonagh. Punches and kicks rained down. McDonagh, in a turn of luck, slipped through the ropes and reversed the onslaught onto Ziggler. After the pummeling, McDonagh threw Ziggler over the ropes onto the cement floor. The referee started counting down . . …
The Gender Sidelining Trap In Mediator Selection, Erin E. Gleason Alvarez
The Gender Sidelining Trap In Mediator Selection, Erin E. Gleason Alvarez
Journal of Dispute Resolution
One of the greatest advantages of commercial mediation is the parties’ ability to construct the process to fit their needs. In mediation, parties are free to make decisions about how the conversation will be structured—whether in person or online, joint session or not, whether negotiations will take place over a few hours or days, and so forth. Here, parties are also uniquely empowered to design what their settlement will ultimately look like—or decide if settlement is even appropriate. Perhaps most importantly, parties decide who will serve as the mediator, the person they trust to facilitate their discussions and negotiations, and …
Participant Actions And Intermediate Outcomes In Initial Joint Sessions And Initial Caucuses, Roselle L. Wissler, Art Hinshaw
Participant Actions And Intermediate Outcomes In Initial Joint Sessions And Initial Caucuses, Roselle L. Wissler, Art Hinshaw
Journal of Dispute Resolution
Historically, the initial mediation session usually was a joint session where the mediator and the disputants met together to exchange information and discuss the substance of the dispute. Accordingly, the main components of the initial mediation session and the informational and communication benefits they were thought to provide were discussed in the context of the disputants being together and speaking directly. Today, however, many actions that traditionally took place during the initial joint session, including the discussion of substantive matters and exchanges between the parties, are less likely to occur during initial joint sessions than they did historically and are …
The Eviction Crisis Is Rampaging: Time To Implement Diversion Programs, Rachel Elliott
The Eviction Crisis Is Rampaging: Time To Implement Diversion Programs, Rachel Elliott
Journal of Dispute Resolution
More than 7.6 million renters face the threat of eviction annually.1 In early February 2023, Ivy Hany was at risk of being part of this statistic again.2 Years ago, when Ivy was 19, she and her siblings were forced out of their home into a homeless shelter.3 Now, at 53, she was terrified of becoming homeless again.4 Ivy owed her landlord $2,184.75; she would be evicted if she did not pay.5 Fortunately, Ivy had the option of mediation
Extended Reality For Alternative Dispute Resolution, Ryan Gallagher
Extended Reality For Alternative Dispute Resolution, Ryan Gallagher
Journal of Dispute Resolution
“What is real? How do you define ‘real’? If you’re talking about what you can feel, what you can smell, what you can taste and see, then ‘real’ is simply electrical signals interpreted by your brain.” As technology continues to advance, its effects will be felt in all aspects of our lives, and the world of Alternative Dispute Resolution (“ADR”) will be no different. Dispute resolution processes must adapt to the needs of their users. These users are increasingly in different parts of the world as the global economy expands. Inevitably, globalization leads to more conflicts that require resolution. Technology …
I Like My Litigation How I Like My Pie: Whole, Alexandra (Allie) Widick
I Like My Litigation How I Like My Pie: Whole, Alexandra (Allie) Widick
Journal of Dispute Resolution
There is a huge problem with the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (“EFAA”): it contains major ambiguities. The Act was signed into law by President Biden in 2022, and it has the potential to affect many Americans. It has been estimated that about 60 million workers—over half of the non-unionized private workforce—are subject to mandatory arbitration agreements as part of their employment. The Act states in relevant part that no arbitration agreement “shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the …
Legislative Update, Mckayla Bogda, Karen Crouch, Matthew Hellmann, Brett Newberry, William Rodman
Legislative Update, Mckayla Bogda, Karen Crouch, Matthew Hellmann, Brett Newberry, William Rodman
Journal of Dispute Resolution
The Legislative Update tracks legislation related to alternate dispute resolution that has been proposed and passed in state legislatures nationwide. With guidance from the Associate Editor-in-Chief, Associate Members of the Journal of Dispute Resolution wrote this update. This update includes articles focusing on specific bills and trends across legislation from various states that the authors found most interesting and impactful.
Bargaining In The Shadow Of The Efaa, Samuel R. Cole
Bargaining In The Shadow Of The Efaa, Samuel R. Cole
Journal of Dispute Resolution
Labor unions are having something of a moment. In the past few years, high profile unionization efforts like those at Starbucks and successful strikes like SAGAFTRA have generated headlines. Even as labor activists celebrate these wins, American unions face ongoing obstacles. Union membership continues to decrease, and union participation remains at an all-time low. And now courts, perhaps unwittingly, are adding to their woes. In one example, particularly relevant here, courts have overlooked the distinction between arbitration agreements contained in collective bargaining agreements and arbitration agreements contained in contracts between employers and at-will employees. The result has been to entwine …
Filling The Enforcement Gap: Alternative Dispute Resolution As An Approach To Solving "Copyright" Disputes For Ai-Generated Content, Aly Rezek
Journal of Dispute Resolution
On August 12, 2019, the United States Copyright Office (“the Copyright Office”) sent Stephen Thaler a rejection letter stating it would not issue him federal copyright protection for artwork generated by a computer program he owned. After countless appeals to the Copyright Office and the Federal District Court under various legal theories, one thing was made clear: The U.S. Copyright system would not protect works created by non-human authors. This principle presents a problem. Artificial intelligence (“AI”) is a rapidly developing tool in business and a rapidly developing issue in the law. Courts have routinely held that to be copyrightable, …