Open Access. Powered by Scholars. Published by Universities.®
Dispute Resolution and Arbitration Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (5)
- Judges (5)
- Labor and Employment Law (5)
- Legal Education (4)
- Family Law (3)
-
- Insurance Law (3)
- Commercial Law (2)
- Health Law and Policy (2)
- Agriculture Law (1)
- Business Organizations Law (1)
- Communications Law (1)
- Contracts (1)
- Education Law (1)
- Elder Law (1)
- Entertainment, Arts, and Sports Law (1)
- Intellectual Property Law (1)
- Jurisprudence (1)
- Law and Economics (1)
- Securities Law (1)
- Water Law (1)
- Keyword
-
- Arbitration (144)
- Mediation (99)
- Alternative dispute resolution (43)
- Dispute resolution (39)
- Adr (35)
-
- International (30)
- Legal education (28)
- Arbitration act (23)
- Arbitration agreements (23)
- Negotiation (23)
- Litigation (22)
- FAA (19)
- Uaa (19)
- Uniform arbitration act (19)
- Settlement (17)
- Employment (15)
- Federal arbitration act (15)
- Legislation (13)
- Mediator (13)
- Confidentiality (12)
- ADR (11)
- Contract (11)
- Disputes (11)
- Judicial review (11)
- Uniform mediation act (11)
- Union (11)
- Arbitrator (10)
- Conflict (10)
- Conflict resolution (10)
- Damages (10)
- Publication Year
Articles 61 - 90 of 1029
Full-Text Articles in Dispute Resolution and Arbitration
Alternative Dispute Resolution In Agency Administrative Programs, Kristen Blankley, Kathleen Claussen, Judith Starr
Alternative Dispute Resolution In Agency Administrative Programs, Kristen Blankley, Kathleen Claussen, Judith Starr
Journal of Dispute Resolution
This Article studies how federal agencies use and might better use different types of alternative dispute resolution (ADR)—including mediation, conciliation, facilitation, factfinding, minitrials, arbitration, and the use of ombuds—in the programs Congress has entrusted them to administer. The use of ADR by the executive branch of the federal government to resolve disputes with or among private actors has deep historical roots. ADR related to managerial agency matters such as employment or procurement is well-established across the government and performed under a uniform set of laws. Much less has been known, however, about the scope and reach of ADR in the …
Arbitration And The Mandatory Law Problem: A Mixed Mode Adr Approach, Hossein Fazilatfar
Arbitration And The Mandatory Law Problem: A Mixed Mode Adr Approach, Hossein Fazilatfar
Journal of Dispute Resolution
Rigorous scholarly debate has shaped the discussion on the application of mandatory laws and public policy in arbitration, which has led to an array of legal solutions to the mandatory law problem. The determination of the applicable law in arbitration is a dilemma due to arbitrators’ contractual source of authority and commitments to the parties, their mandate to issue an enforceable award, and the imperative nature of mandatory laws at stake. Proposed solutions thus far have primarily been suggestions that are based on either contractual concerns of the parties, jurisdictional (mandatory law) concerns of states involved, or a mix of …
How Can Courts–Practically For Free–Help Parties Prepare For Mediation Sessions?, John Lande
How Can Courts–Practically For Free–Help Parties Prepare For Mediation Sessions?, John Lande
Journal of Dispute Resolution
Consider two hypothetical scenarios of mediations of a personal injury lawsuit. In one scenario, Kenji, the plaintiff, arrived at the mediation session feeling anxious because his attorney hadn’t told him much about the process and he didn’t know what to expect. He didn’t understand the factual and legal issues, how the mediation would unfold, or how he might participate in the process. He felt demoralized because he didn’t know enough to feel confident and assertive about making decisions in his case. In the mediation session, he spent a lot of time alternately hearing the mediator explain why he couldn’t get …
Ombuds Programs: How Alternative Dispute Resolution Improves The Lives Of Native Long-Term Care Residents, Brett Newberry
Ombuds Programs: How Alternative Dispute Resolution Improves The Lives Of Native Long-Term Care Residents, Brett Newberry
Journal of Dispute Resolution
Many Americans will spend at least some time in a long-term care facility. During their stay, every resident should receive competent care and maintain the highest possible quality of life. Long-term care ombuds programs exist to help achieve these goals. Long-term care ombuds (“LTCOs”) advocate for individuals living in long-term care facilities and for improvements to the long-term care system. Tribal long-term care ombuds are a subset of LTCOs who connect with and advocate for Native residents living in long-term care facilities. LTCOs help facilitate dispute resolution between residents, facilities, and family members, and work to improve resident care. The …
We’Re Getting Sued??? *Emotional* *With Proof*: Using Alternative Dispute Resolution In Child Influencer Disputes, Werthen Gass
We’Re Getting Sued??? *Emotional* *With Proof*: Using Alternative Dispute Resolution In Child Influencer Disputes, Werthen Gass
Journal of Dispute Resolution
Thanks to a new Illinois law, alternative dispute resolution could play an important role in fighting mommy-vlogger clickbait in the coming years. It could allow us all to escape outrageous videos of exploitative parents crying on kitchen floors with titles such as “We’re getting SUED by our OWN CHILD?? *emotional* *with proof*”. On August 11, 2023, the governor of Illinois signed Illinois Public Act 103-0556 (“the Act”) into law, amending the current child labor laws in Illinois and adding a provision specifically pertaining to payment of child influencers. Essentially, the new law, which will go into effect on July 1, …
The Copyright Infringement Threat To X: How X (Formerly Twitter) Could Benefit From Licensing Agreements With Arbitration Clauses, Mary Claire Rose
The Copyright Infringement Threat To X: How X (Formerly Twitter) Could Benefit From Licensing Agreements With Arbitration Clauses, Mary Claire Rose
Journal of Dispute Resolution
Copyright infringement on social media platforms is an ever increasing threat to society today. As social media platforms have grown, music publishers and movie studios have become more outspoken in criticizing the inadequacies in handing copyright infringement on these platforms. On June 14, 2023 a civil complaint was brought by Concord Music Group Inc. along with many other music publishers against X Corp. (“X”), formerly Twitter, for copyright infringement. The complaint alleges that X has infringed the copyright of more than 1,700 songs and the plaintiffs are seeking more than $250 million in damages. However, one can argue this was …
Exempting The Fmla From Forced Arbitration: The Need For Special Consideration Of Pregnant And Working Mothers To Achieve Gender Equality In The Workplace, Taylor Trefger
Journal of Dispute Resolution
Pregnant and working mothers face a multitude of challenges when making decisions that pertain to their health, children, and their livelihoods. Historically, women have encountered numerous barriers regarding their entrance and treatment in the United States labor force as a result of gender discrimination that promotes the idea that women, in their inherent ability to become mothers, renders them inadequate or inferior workers in comparison to men. Unfortunately, such archaic notions of gender roles persist still; today, the reality is that women are more likely to be employed part-time, occupy lower-paid roles, and are less likely to take on managerial …
Mandatory Mediation In England And Wales: A Paradigm Shift In Dispute Resolution, Mckayla Bogda
Mandatory Mediation In England And Wales: A Paradigm Shift In Dispute Resolution, Mckayla Bogda
Journal of Dispute Resolution
In May of 2023, Tribunals in England and Wales had a backlog of nearly 144,000 cases. In a press release issued on July 25, 2023, the Ministry of Justice (MoJ) unveiled a significant policy change to combat this backlog. Under its new directive, individuals or entities wishing to pursue debt recovery claims of £10,000 or less are required to engage in mediation proceedings prior to their case’s adjudication in the small claims courts of England and Wales. This transformative shift signifies a departure from the traditional adversarial litigation model of both of these countries’ judicial systems.
A “Rule Making” Class: The Federal Trade Commission’S Expansive Per Se Ban On Noncompete Clauses: Authority, Enforceability, And The Need For Congressional Action, Nolan Johnson
Journal of Dispute Resolution
A non-compete clause is “an agreement or contract not to interfere or compete with a former employer (as by working with a competitor).” The Federal Trade Commission (“FTC”) has proposed a per se ban on non-compete provisions in employment contracts. This would arguably be the FTC’s second substantive rule under the FTC Act. This substantive rule making departs from the traditional common law style rule-making process in which the courts create antitrust jurisprudence standards. In this way, the FTC has challenged the practice by exploring a new avenue of power under Section 5 of the FTC Act.
Zf Automotive V. Luxshare: The Supreme Court’S New Gloss On 28 U.S. Code § 1782 And What It Means For International Commercial Arbitration, Madina Lokova
Journal of Dispute Resolution
The federal statute 28 U.S.C. § 1782 (“Section 1782”) allows litigants in foreign proceedings to obtain discovery in the United States, under the broad US discovery rules, for use in such proceedings. Although Section 1782’s use by parties to foreign proceedings has been expanding, there was a split in authority regarding whether the statute was broad enough to permit United States’ courts to authorize discovery for use in private arbitration proceedings overseas.
Strategies For Successful Negotiation Of International Disputes: Positional Bargaining Vs. Principled Negotiation In The Indus Water Treaty Negotiations, Sushant Mahajan
Strategies For Successful Negotiation Of International Disputes: Positional Bargaining Vs. Principled Negotiation In The Indus Water Treaty Negotiations, Sushant Mahajan
Journal of Dispute Resolution
Water is the root of all civilization. Great empires of the past arose around lakes and river systems, from the Yangtze to the Nile to the Tiber. While water resources bolstered the power of world leaders, water mismanagement had the potential to lead to their downfall. Even in modern times, water availability is a significant constraint on development – the magnitude of this constraint is particularly felt in arid and semi-arid regions especially as climate change takes effect. This importance has made water supply a great source of conflict. Though it has been a cause of conflict for centuries, transboundary …
Sunny Days Ahead: Using Adr To Fuel The Future Of Green Energy, Matthew Graham
Sunny Days Ahead: Using Adr To Fuel The Future Of Green Energy, Matthew Graham
Journal of Dispute Resolution
The energy landscape in the United States (“U.S.”) has undergone significant changes in the last few centuries. Energy consumption has increased dramatically as more energy sources have been developed. As one of the world’s leading energy consumers, the U.S. has a large incentive to develop energy solutions that are both sustainable, dependable, and independent of foreign powers. For these reasons, Congress has spent the last few decades passing numerous pieces of legislation encouraging investment in energy solutions that will benefit the U.S. for centuries. With the enactment of the Inflation Reduction Act (“IRA”) of 2022, the U.S. has made its …
Climate Diplomacy: Can Mediating Climate Considerations Into Peace Agreements Create A Sustainable Future?, Kayla Fowler
Climate Diplomacy: Can Mediating Climate Considerations Into Peace Agreements Create A Sustainable Future?, Kayla Fowler
Journal of Dispute Resolution
The Earth’s temperature has risen on average 0.14 degrees Fahrenheit per decade since 1880—a total of 2 degrees. Since 1981, the rate of warming has been over twice as fast at 0.32 degrees Fahrenheit per decade. 2022 was the sixth-warmest year on record, and the 10 warmest years have all occurred since 2010. These long-term shifts in temperature exemplify the changes to our climate due to the increasing accumulation of gases caused by human activity on Earth, more commonly referred to as climate change. While it is abundantly clear that climate change is negatively affecting our environment, it is also …
Why Removing Institutional Discretion And Applying Restorative Justice To Mediation Could Prove Beneficial To Title Ix Dispute Resolution, Clare Hensley
Journal of Dispute Resolution
University students have often voiced concern that their institution did not do enough in addressing sexual assaults on campus. There is a perception among students and potential victims that there is a culture of ignoring and underreacting to sexual violence on campus. As many as one in five female undergraduate students experience sexual violence during college, but few feel confident enough to report it.
Legislative Update, Katherine Albers, Lauren Bean, Dillon Dewey, Hannah Jackson, Victoria Mantel
Legislative Update, Katherine Albers, Lauren Bean, Dillon Dewey, Hannah Jackson, Victoria Mantel
Journal of Dispute Resolution
The Legislative Update is compiled and written annually by the Journal of Dispute Resolution’s Associate Members under the direction of the Associate Editor in Chief. It is designed to provide readers with a listing of pertinent legislation affecting the field of alternative dispute resolution (“ADR”) and a more detailed look at certain bills because of their importance or novelty within the field.
Mandatory Arbitration And Lgbtq+ Hostile Workplace Protections: A Review Of The Ending Forced Arbitration Act, Its Impact, And Implications, Jared E. Munster
Mandatory Arbitration And Lgbtq+ Hostile Workplace Protections: A Review Of The Ending Forced Arbitration Act, Its Impact, And Implications, Jared E. Munster
Journal of Dispute Resolution
In 2022, the 117th Congress amended the Federal Arbitration Act (FAA) in response to widespread public pressure to change the culture of American employment. After years of pervasive sexual harassment across industries, supported by the growth of mandatory, adhesive arbitral agreements in employment contracts, Congress adopted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“Ending Forced Arbitration Act”) which rendered unenforceable pre-dispute arbitral agreements for claims of sexual harassment or sexual assault. 1
Ending The Epidemic Of Accidental Personality Disorder Discrimination By Well-Meaning Mediators, Dan Berstein, Hannah Diamond, Philip T. Yanos
Ending The Epidemic Of Accidental Personality Disorder Discrimination By Well-Meaning Mediators, Dan Berstein, Hannah Diamond, Philip T. Yanos
Journal of Dispute Resolution
People who have or appear to have mental disorders encounter rampant bias and stigma, including from mediators. This article focuses on some of the most heavily stigmatized mental health problems - personality disorders - and how some mediators discriminate against parties based on their guesses and assumptions that those parties may have these conditions.
Odd One Out: Inconsistency In The Federal Arbitration Act’S Jurisdictional Language, Joshua Long
Odd One Out: Inconsistency In The Federal Arbitration Act’S Jurisdictional Language, Joshua Long
Journal of Dispute Resolution
After almost a century, the Federal Arbitration Act (FAA) continues to guide and change the arbitration landscape. While greater focus has been placed on the FAA’s substantive merits and evolution, the act’s procedural role in outlining the relationship between arbitration and the federal court system plays an equally important role in alternate dispute resolution. Notably, recent concerns regarding inconsistencies in the act’s jurisdictional language may undermine the FAA’s ability to provide a clear, efficient, and fair process for arbitration.
How Can International Commercial Courts Become An Attractive Option For The Resolution Of International Commercial Disputes?, Shahar Avraham-Giller, Rabeea Assy
How Can International Commercial Courts Become An Attractive Option For The Resolution Of International Commercial Disputes?, Shahar Avraham-Giller, Rabeea Assy
Journal of Dispute Resolution
Arbitration has dominated the landscape of the resolution of international commercial disputes (that is, private disputes involving transnational connections). Nevertheless, the last fifteen years have witnessed a proliferation in the establishment of new commercial courts in several countries, with the aim of attracting international commercial disputes. This article makes the novel argument that such attempts are unlikely to render adjudication an attractive alternative to arbitration. For the new international commercial courts to fully realize their potential and produce a sustainable market of adjudication, some mechanism is needed to secure the enforceability of jurisdiction clauses and the judgments delivered by courts …
Where’S The First Tee And What’S The Course Record?: The Pros And Cons Of Using Adr In The Pga Tour-Liv Golf Antitrust Suit, Sean Mcdowell
Where’S The First Tee And What’S The Course Record?: The Pros And Cons Of Using Adr In The Pga Tour-Liv Golf Antitrust Suit, Sean Mcdowell
Journal of Dispute Resolution
LIV Golf has taken the professional golfing world by storm. Started by golfing legend Greg Norman and funded by the Saudi Arabia Public Fund, LIV golf has brought a new league with a new format to golf, but it has also drawn its fair share of criticism due to its sources of funding. In response to the rise of LIV Golf, the PGA TOUR, professional golf’s principal league, announced it would suspend any player that signed a contract to play for LIV Golf. Recently, eleven LIV Golf players and LIV Golf itself have filed an antitrust suit against the PGA …
Player Discipline In The Nfl: Arbitration Or Arbitrary?, Adam Walker
Player Discipline In The Nfl: Arbitration Or Arbitrary?, Adam Walker
Journal of Dispute Resolution
Since the Houston Texans drafted him in 2017, Deshaun Watson has statistically been one of the best quarterbacks in the National Football League (“NFL”). Watson led the Texans to the playoffs in both the 2018 and 2019 seasons before internal organizational issues led to Watson requesting a trade after the 2020 season. By the end of March 2021, twenty-one women had filed civil lawsuits alleging Watson of sexual assault and sexual misconduct. Watson did not immediately face any discipline from the NFL, but the Texans made Watson inactive for every week of the 2021 season in light of the accusations …