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Dispute Resolution and Arbitration Commons™
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Articles 781 - 810 of 1013
Full-Text Articles in Dispute Resolution and Arbitration
Law Office As Indicator And Amplifier Of Professional Status, The, Fred I. Williams
Law Office As Indicator And Amplifier Of Professional Status, The, Fred I. Williams
Journal of Dispute Resolution
The following pages contain a detailed discussion of law office design as an indicator, even amplifier, of professional status and lawyer-client relations. Section II examines the effect that office design can play in defining the lawyer's relationship with clients and other visitors to the office. Section Il discusses the power of office design in properly marking the lawyer's office as a professional domain. Finally, Section IV concludes that office decor is an effective communicator of professional status and can be an effective tool for the lawyer in forming the professional persona.
Building Consensus For Racial Harmony In American Cities: A Case Model Approach, Wallace Warfield
Building Consensus For Racial Harmony In American Cities: A Case Model Approach, Wallace Warfield
Journal of Dispute Resolution
This article uses an informal case model approach to discuss the importance of understanding the role of consensus in the resolution of interracial conflict. As well, the article offers an elaboration on the classic mediation model as a way of enriching the technology of intervention.
Harvesters: Alternatives To Judicial Intervention In Medical Treatment Decisions, Karen A. Butler
Harvesters: Alternatives To Judicial Intervention In Medical Treatment Decisions, Karen A. Butler
Journal of Dispute Resolution
This article will examine the problem of making medical decisions for those who cannot decide for themselves. Current models of decision making will be examined as well as various proposals for alternative dispute resolution. A proposed New York model will be examined in detail. As America enters the twenty-first century, it is imperative that its citizens formulate mechanisms of dispute resolution that protect the rights of the incompetent patients to dignity and autonomy when such persons are seriously ill and unable to decide for themselves. Alternative forms of dispute resolution may be superior to judicial intervention in meeting the needs …
Scope Of Review For Orders Confirming, Vacating, Or Modifying Arbitral Awards: An End To Deferential Standards - First Options Of Chicago, Inc. V. Kaplan, Michael G. Munsell
Scope Of Review For Orders Confirming, Vacating, Or Modifying Arbitral Awards: An End To Deferential Standards - First Options Of Chicago, Inc. V. Kaplan, Michael G. Munsell
Journal of Dispute Resolution
Congressional intent to make arbitration a viable alternative to traditional litigation is codified in the Federal Arbitration Act ("FAA"). Although the FAA and the subsequent case law have settled most questions about the details of the arbitration process, the United States Supreme Court in First Options took up the narrow issue of what standard of review should be used by an appellate court reviewing a district court decision vacating, confirming or modifying an arbitrator's order.' Facing the Court were two competing policies: the Court's own policy of keeping standards of review simple and rational against the Congressional policy of assuring …
Summary Jury Trial - A Caution, Avern Cohn
Summary Jury Trial - A Caution, Avern Cohn
Journal of Dispute Resolution
My experience with summary jury trials as a settlement device, as well as a poll of my colleagues in the Eastern District of Michigan, suggests the drawbacks of summary jury trials outweigh the benefits. Additionally, a decision regarding the worth of summary jury trial as a dispute resolution mechanism, particularly over the objections of a party, should be suspended until the Rand Corporation's Institute for Civil Justice reports to Congress on its evaluation of Civil Justice Reform Act initiatives with regard to alternate dispute resolution procedures in federal district courts.
Saving The Summary Jury Trial: A Proposal To Halt The Flow Of Litigation And End The Uncertainties, Ann E. Woodley
Saving The Summary Jury Trial: A Proposal To Halt The Flow Of Litigation And End The Uncertainties, Ann E. Woodley
Journal of Dispute Resolution
The discussion below is divided into four parts. Part II is a background section describing the summary jury trial process and its intended benefits, as well as briefly identifying the five litigated issues and basic uncertainties discussed here. Part III describes the five litigated issues and basic uncertainties in detail, describes how judges have attempted to deal with them, and discusses potential solutions. Part IV contains specific statutory language embodying the proposed solutions. And, finally, Part V offers a brief conclusion
Is Arbitration Final & (And) Binding - Public Policy Says, Not Necessarily - Exxon Shipping Company V. Exxon Seamen's Union, Todd M. Siegel
Is Arbitration Final & (And) Binding - Public Policy Says, Not Necessarily - Exxon Shipping Company V. Exxon Seamen's Union, Todd M. Siegel
Journal of Dispute Resolution
In the realm of employment law, management and labor unions enter in collective bargaining agreements to establish employment terms including wages, hours, benefits and grievance procedures.' A typical grievance procedure provides that labor disputes will be resolved through arbitration. Courts are encouraged to defer to collective bargaining agreements. When disputes arise, employees and employers attempt to resolve matters themselves, and if this fails, labor unions intervene and submit grievances to arbitration. Generally, an arbitrator's decision is final and binding, but in limited circumstances the matter is ultimately litigated. One such limited circumstance arose when the courts developed a public policy …
Mandatory Arbitration And Title Vii: Can Employees Ever See Their Rights Vindicated Through Statutory Causes Of Action - Metz V. Merrill Lynch, Pierce, Fenner & (And) Smith, Penelope Hopper
Journal of Dispute Resolution
Through the Civil Rights Act of 1991, Title VII and the Americans with Disabilities Act, Congress has granted American employees an increased number of potential statutory causes of action. At the same time, litigation has decreased. with a rise in the popularity of alternative dispute resolution.' Thus, it is no surprise that many modem employment contracts require employees to stipulate a dispute resolution forum through which any future legal conflict may be resolved, usually at the bequest of the prospective employer. The legal trend is to enforce mandatory arbitration and mediation clauses when a statutory cause of action is at …
Summary Jury Trial: A Proposal From The Bench, The, Alexander B. Denson
Summary Jury Trial: A Proposal From The Bench, The, Alexander B. Denson
Journal of Dispute Resolution
Professor Woodley's article is an excellent overview of the issues relating to Summary Jury Trials and offers a menu of sound proposals for their solution. This article is written from the perspective of a trial judge and recommends procedures and case selection criteria found to be effective in the trial arena. A careful reader will note that many of the proposals discussed herein are included in Professor Woodley's article because the undersigned participated in her canvass of judges on the subject.
Federal Arbitration Act And Section 2'S Involving Commerce Requirement: The Final Step Towards Complete Federal Preemption Over State Law And Policy - Allied-Bruce Terminix V. Dobson, The, Isham R. Jones Iii
Journal of Dispute Resolution
In 1609, Lord Coke held agreements to arbitrate revocable at will at any time prior to the issuance of an award.' For three-hundred years following Lord Coke's decision, a similar mindset pervaded the judicial psyche of both England and the United States, requiring legislative action to overcome the dilemma.' Even after the enactment of the Federal Arbitration Act ("FAA" or "Act"), passed by Congress to combat judicial hostility to arbitration, courts continued to jealously guard their jurisdiction from non-traditional dispute resolution forums.4 Under Section 2 of the FAA, courts must enforce agreements to arbitrate contained in contracts which evidence a …
We Can Settle This Here Or Downtown: Mediation Or Arrest For Domestic Violence Calls - Eagleston V. Guido, Dale T. Smith
We Can Settle This Here Or Downtown: Mediation Or Arrest For Domestic Violence Calls - Eagleston V. Guido, Dale T. Smith
Journal of Dispute Resolution
Mediation policies may serve as a way for victims of equal protection violations to be compensated if a state worker invokes the defense of qualified immunity to avoid liability.' However, if the state worker is a police officer and is "following orders" by acting under a custom or policy devised or enforced by a superior, a party might be able to claim an equal protection violation under 42 U.S.C. § 1983 and sue the officer's superior.' A police officer's use of qualified immunity came into question in Eagleston v. Guido.' In Eagleston, the use of mediation practices to deal with …
Recent Developments: The Uniform Arbitration Act, Kimberly Gibbens, Cathleen A. Martin, Peter Sumners, Stephen Witte
Recent Developments: The Uniform Arbitration Act, Kimberly Gibbens, Cathleen A. Martin, Peter Sumners, Stephen Witte
Journal of Dispute Resolution
The Uniform Arbitration Act is an annual project of the Journal of Dispute Resolution.2 The project examines court opinions from the past year which have interpreted state versions of the Uniform Arbitration Act ("U.A.A.").' Currently, thirty-four states and the District of Columbia have adopted arbitration statutes based on the U.A.A.' The goal of the Journal of Dispute Resolution in creating this project is to promote uniformity in interpretation of the U.A.A. by describing the decisions and rationales of recent court opinions.
Exemplary Awards In Securities Arbitration: Short-Circuited Rights To Punitive Damages - Mastrobuono V. Shearson Lehman Hutton, Inc., Isham R. Jones Iii
Exemplary Awards In Securities Arbitration: Short-Circuited Rights To Punitive Damages - Mastrobuono V. Shearson Lehman Hutton, Inc., Isham R. Jones Iii
Journal of Dispute Resolution
Despite some residual image problems, arbitration is far from a modem day phenomenon.2 Aristotle himself was a fan of arbitration, "for the arbitrator keeps equity in view, whereas the judge looks only to the law."3 However, inconsistency among federal courts regarding the award of punitive damages by arbitrators has only furthered the image problem.4 Discord among courts arises when parties sign a contract agreeing to be bound by the law of a state which prohibits arbitral awards of punitive damages along with contract language which seems to express intent to allow punitive damages.5 Under the Federal Arbitration Act ("FAA"), federal …
Settlement Agreements And The Collateral Order Doctrine: A Step In The Wrong Direction - Digital Equip. Corp. V. Desktop Direct, Inc., S. Christian Mullgardt
Settlement Agreements And The Collateral Order Doctrine: A Step In The Wrong Direction - Digital Equip. Corp. V. Desktop Direct, Inc., S. Christian Mullgardt
Journal of Dispute Resolution
With the increase in lawsuits each year, the fact that a majority of cases are concluded by settlement is seen by many as "a tribute to both the trial bench and the practicing bar."2 In furtherance of this desirable end, the judiciary has typically upheld and enforced settlement agreements whenever possible Against this backdrop, the Digital court faced the issue of whether an order rescinding a settlement agreement which provided a "right not to stand trial" was immediately appealable pursuant to the collateral order doctrine
Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love
Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love
Journal of Dispute Resolution
The Alternative Dispute Resolution Section of the Association of American Law Schools presented a program, at a 1995 AALS Conference, on current ethical issues that arise in mediation and how these issues should be addressed by the standards of professional conduct. The panel for the program was composed of leading mediation scholars and practitioners from throughout the country. The program was organized by Professor Edward Sherman who also acted as the panel moderator and provided the following introduction
Mediation Privilege's Transition From Theory To Implementation: Designing A Mediation Privilege Standard To Protect Mediation Participants, The Process And The Public Interest, The, Alan Kirtley
Journal of Dispute Resolution
This article will analyze the developing law of the mediation privilege. To begin with, the attributes and uses of the mediation process and the function of confidentiality in mediation will be examined. The existing legal means to protect mediation confidentiality, short of a privilege, will also be reviewed. Then an analysis of policy considerations underlying evidentiary privileges generally will be followed by an assessment of the theoretical underpinnings for a mediation privilege. Finally, a critique of the various forms taken by new mediation privilege statutes and rules will be undertaken. The State of Washington's mediation privilege statute 2 will serve …
Diversity Issues In Mediation: Controlling Negative Cultural Myths, Isabelle R. Gunning
Diversity Issues In Mediation: Controlling Negative Cultural Myths, Isabelle R. Gunning
Journal of Dispute Resolution
This article (by a concerned supporter) explores this criticism of mediation. Part II surveys the critics who argue that mediation's informality and lack of procedure disadvantages members of minority groups and women. Part II then takes the next step that the critics have not taken, explaining how mediation could affect adversely disadvantaged groups. Part III suggests solutions to the problem which involve a greater level of mediator intervention than is generally accepted and defends these solutions.
Railroading Essential Rights: The Status Of Judicial Review Of Alleged Due Process Violations In Arbitration Hearings Under The Railway Labor Act - Shafii V. P.L.C. British Airways, Penelope Hopper
Journal of Dispute Resolution
In the American judicial system, no litigant may be denied life, liberty or property without due process of the law. The rights to representation, to have a fair hearing, and to have the opportunity to present evidence on one's own behalf are ingrained in our concept of "justice." When one agrees to submit a conflict to an alternative forum of dispute resolution, are those essential rights lost? This Note examines those questions in the context of a congressional act mandating arbitration as the mode of conflict resolution in the transportation industry
Enforcing Arbitration With A Nonsignatory: Equitable Estoppel And Defense Piercing Of The Corporate Veil - Sunkist Soft Drinks, Inc. V. Sunkist Growers, Inc., Scott M. Mckinnis
Enforcing Arbitration With A Nonsignatory: Equitable Estoppel And Defense Piercing Of The Corporate Veil - Sunkist Soft Drinks, Inc. V. Sunkist Growers, Inc., Scott M. Mckinnis
Journal of Dispute Resolution
Since Congress enacted the Federal Arbitration Act,2 courts have liberally enforced a strong national policy favoring arbitration of commercial disputes In furtherance of this goal, courts have refused to stay arbitration proceedings simply because they may involve parties who are nonsignatories to an arbitration agreement.4 Courts have accomplished this objective through the doctrine of equitable estoppel; Sunkist exemplifies that trend. However, Sunkist also represents a corporate scenario in which the emerging legal theory of "defensive piercing"' could be established as another avenue from which to compel commercial arbitration.
Enforceability Of An Agreement To Submit To A Non-Arbitral Form Of Dispute Resolution: The Rise Of Mediation And Neutral Fact-Finding - Annapolis Professional Firefighters Local 1926 V. City Of Annapolis, The, Tim K. Klintworth
Journal of Dispute Resolution
Agreements between employers and unions frequently specify a form of alternate dispute resolution to be utilized in the event of a future dispute. Annapolis addresses the issue of the enforceability of a written agreement to submit future disputes to some form of non-arbitral resolution such as mediation or neutral-fact finding.
Wisconsin's Court-Ordered Adr Law: Potential For Resolving Libel Disputes, Michael E. Weinzierl
Wisconsin's Court-Ordered Adr Law: Potential For Resolving Libel Disputes, Michael E. Weinzierl
Journal of Dispute Resolution
This Article argues that the Wisconsin Judicial Council's court-ordered ADR plan, which was adopted by the Wisconsin Supreme Court in December of 1993," will benefit libel litigants by giving them an alternative to the courtroom battle. The Article discusses the interests of the plaintiff and defendant in libel litigation and how ADR will benefit each, as well as critiques the structure of current libel law. The Article also analyzes other proposed alternatives to libel litigation and evaluates their effectiveness. The Article examines the efficiency and effectiveness of Florida's dispute resolution program, which provides settlement options similar to those found in …
Public Health And Safety Hazards Versus Confidentiality: Expanding The Mediation Door Of The Multi-Door Courthouse, Arlin R. Thrush
Public Health And Safety Hazards Versus Confidentiality: Expanding The Mediation Door Of The Multi-Door Courthouse, Arlin R. Thrush
Journal of Dispute Resolution
The public's interest in and use of alternative forms of dispute resolution has been in existence for hundreds of years.2 However, today's rejuvenated interest in alternative forms of dispute resolution can be traced to the late sixties Since that time, alternative forms of dispute resolution have been labeled the wave of the future. The growth of alternative forms of dispute resolution can be seen in the tremendous increase in programs offering dispute resolution services. In 1980, there were approximately one hundred dispute resolution programs located throughout the United States. Today, there are over four hundred dispute resolution programs available to …
Reevaluating The Nursing Home Ombudsman's Role With A View Toward Expanding The Concept Of Dispute Resolution, Jeffrey S. Kahana
Reevaluating The Nursing Home Ombudsman's Role With A View Toward Expanding The Concept Of Dispute Resolution, Jeffrey S. Kahana
Journal of Dispute Resolution
The aim of this Article is to examine the function of the ombudsman in the context of long-term health care facilities.6 The first part of the Article will consider the broader history and purposes of the office of the ombudsman. The second part will focus on the traditional methods used to ensure quality of care in the nursing home. The third part will examine the specific role played by the ombudsman in the ecological context of the nursing home. Finally, the fourth part will consider the effectiveness of the nursing home ombudsman as an alternative form of dispute resolution. In …
Court Lets Go Of The Reins: Runaway Escrow Agent Binds Principals To Arbitration Agreement - 99 Commercial Street, Inc. V. Goldberg, Karen E. Martin
Court Lets Go Of The Reins: Runaway Escrow Agent Binds Principals To Arbitration Agreement - 99 Commercial Street, Inc. V. Goldberg, Karen E. Martin
Journal of Dispute Resolution
Arbitration agreements are a step in the right direction for alternate dispute resolution. Obviously, before a court can grant a motion to compel arbitration pursuant to such an agreement, it must find that both parties are, indeed, bound by that agreement.' Although a traditional contract law analysis is ordinarily used to determine who is bound to a contract containing an arbitration provision, when an escrow agent acting on behalf of one party to a contract binds that party to an agreement to arbitrate, traditional contract law analysis must be altered to take into account the extent of an escrow agent's …
Union Walks In The Sixth: The Integrity Of Mandatory Non-Binding Grievance Procedures In Collective Bargaining Agreements - At & (And) T V. Communications Workers Of America, Afl-Cio, The, Mark Riley Kroeker
Journal of Dispute Resolution
There are many mechanisms short of industrial action which labor unions and employers use to resolve disputes. Anticipating conflict, but aiming to avoid industrial action, the two parties might place an arbitration agreement or other mandatory grievance adjustment procedure into their collective bargaining agreement. This agreement will reflect the parties' understanding as to how disputes are to be resolved. This Note examines the limited circumstances in which the federal courts will enjoin union protest activity carried out in violation of a collective bargaining agreement's provisions regarding dispute resolution. It focuses on the analytic inconsistency of the judicial refusal to enjoin …
Arbitration Or Stipulation: Playing Word Games In The Federal Courts - Ddi Seamless Cylinder Int'l V. Gen. Fire Extinguisher Corp., Jeffrey T. Davis
Arbitration Or Stipulation: Playing Word Games In The Federal Courts - Ddi Seamless Cylinder Int'l V. Gen. Fire Extinguisher Corp., Jeffrey T. Davis
Journal of Dispute Resolution
In both its private and more recently, public (court-annexed) forms, arbitration has proven to be an effective tool in fighting the explosion of litigation. In certain contexts, however, some dispute has arisen as to who can actually be an arbitrator. DDI Seamless Cylinder provides an excellent example of this newly disputed area in the framework of the federal courts.
Public Employee Bargaining Rights: An Avenue For Success For The Majority Or A Trap For The Minority - Wrinkle V. International Union Of Operating Engineers, Local 2, Afl-Cio, Greg W. Pearman
Journal of Dispute Resolution
The rights of public employees are governed by state statute and the state or federal constitution.2 Wrinkle, a case of first impression in Missouri,3 presents the issue of whether a group of employees, constituting a minority of an existing bargaining unit, have the right to appeal a State Board of Mediation determination which prevented them from forming a separate bargaining unit.