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 811 - 840 of 1029
Full-Text Articles in Dispute Resolution and Arbitration
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.
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
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 …
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 …
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.
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
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.
Recent Developments: The Uniform Arbitration Act, Dawn Chapman, Carol Creamer, Cynthia Davenport, Tim Gorman
Recent Developments: The Uniform Arbitration Act, Dawn Chapman, Carol Creamer, Cynthia Davenport, Tim Gorman
Journal of Dispute Resolution
Recent Developments: The Uniform Arbitration Act, a project prepared annually since 1983, is a survey of recent court decisions that interpret state versions of the Uniform Arbitration Act ("U.A.A."). 3 Currently, thirty-four states and the District of Columbia have adopted arbitration statutes patterned after the U.A.A. 4 The purpose of this project is to promote uniformity in interpretation of the U.A.A. by explaining the underlying policies and rationales of recent court decisions.'
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 …
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 …
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 …
Bush On Mediator Dilemmas, Joseph B. Stulberg
Bush On Mediator Dilemmas, Joseph B. Stulberg
Journal of Dispute Resolution
Despite its richness, I believe that there are three features of the study that raise both conceptual and practical difficulties. They are: (1) its methodology for identifying ethical dilemmas; (2) its presumptions regarding the extent to which public policy can or should address some or all of the mediator's dilemmas; and (3) its applicability to mediator roles and dilemmas in contexts outside a court-referral system. I consider each of these features below.
Study Of Ethical Dilemmas And Policy Implications, A, Robert A. Baruch Bush,
Study Of Ethical Dilemmas And Policy Implications, A, Robert A. Baruch Bush,
Journal of Dispute Resolution
This paper is based on research sponsored by the National Institute for Dispute Resolution and by Hofstra University School of Law. The research involved interviews with roughly eighty mediators working in one of the three areas mentioned above. The mediators were asked to identify situations they had experienced in mediation that, in their view, raised difficult ethical dilemmas on which they felt the need for guidance by professional standards and program policy. This report summarizes and illustrates the findings of the research as to the major types of dilemmas practicing mediators are confronted with and analyzes these dilemmas and their …
Constitutionality Of The Indian Gaming Regulatory Act: State Sovereignty And Compulsory Negotiations - Cheyenne River Sioux Tribe V. South Dakota, The, Joel P. Brous
Journal of Dispute Resolution
Indian tribes located within states that permit gambling are allowed to license and operate gaming activities on Indian lands2 as long as these activities comply with the Indian Gaming Regulatory Act [hereinafter IGRA]. 3 Congress enacted the IGRA to balance tribal autonomy and economic self-sufficiency with the state police power seeking to control tribal gaming operations.4 In Cheyenne River Sioux Tribe v. South Dakota, the United States Court of Appeals for the Eighth Circuit addressed the constitutionality of the IGRA and held that the IGRA violated neither the Eleventh nor the Tenth Amendments.' This Note examines the split of authority …
Ethical Dilemmas Or Benign Neglect, Richard A. Salem
Ethical Dilemmas Or Benign Neglect, Richard A. Salem
Journal of Dispute Resolution
But, the real message of this study is that guidance for mediators facing ethical dilemmas is long past due. The Florida mediators, as might have been anticipated, are encountering a number of ethical problems that are familiar to mediators elsewhere and that are endemic to practicing in this field. But, as Professor Bush suggests, the interviews indicate that some of the problems confronting Florida mediators result from their being placed in the untenable position of not being provided with: (1) sufficient policy and procedural guidelines; or (2) training to competently mediate cases being referred to them.
Ethics: No One Ever Said It Would Be Easy: Bush's Contribution To Mediation Practice, Albie M. Davis
Ethics: No One Ever Said It Would Be Easy: Bush's Contribution To Mediation Practice, Albie M. Davis
Journal of Dispute Resolution
The beauty of Robert Baruch Bush's research on ethics is that his conclusions grow out of the real life experiences of mediators.' Yes, his interpretation is influenced by his own biases, and yes, the Florida mediation scene, where he made his observations, is not a microcosm of the rest of the nation or the world; nevertheless, in spite of these limitations, he did a remarkable job of capturing the dilemmas that most mediators face.
Easier Said Than Done: Resolving Ethical Dilemmas In Policy And Practice, Linda Stamato
Easier Said Than Done: Resolving Ethical Dilemmas In Policy And Practice, Linda Stamato
Journal of Dispute Resolution
This is not to argue against core principles. There is, I think, a consensus on these: responsible and fair dealing, disclosure of personal conflicts, good faith, diligence, impartiality, confidentiality, and, certainly, honesty and integrity. I take these ethical requirements to be the sine qua non of professional mediation practice; the primary representations to be made prior to, and, indeed, to be adhered to in the course of mediation. SPIDR attempted to codify these values in its Ethical Standards of Professional Responsibility, which were adopted by the SPIDR Board in 1986 and confirmed in 1991. What we in mediation practice are …
Reply To The Commentators On The Ethical Dilemmas Study, A, Robert A. Baruch Bush
Reply To The Commentators On The Ethical Dilemmas Study, A, Robert A. Baruch Bush
Journal of Dispute Resolution
The invitation to republish here the report on my study of mediators' ethical dilemmas was a very gratifying one. My hope was that this report would generate further thought and discussion on this important subject, and this symposium will certainly help to realize that aim. For this I am grateful to the editors of the Journal and their advisor, Professor Leonard Riskin. Moreover, the best part of this invitation was that it contemplated the publication of comments on the report from a number of well-known and thoughtful figures in the mediation field. This kind of public dialogue is something all …
Consolidation Of Separate Arbitration Proceedings: Liberal Construction Versus Contractarian Approaches - United Kingdom Of Great Britain V. Boeing Co., Michael L. Decamp
Consolidation Of Separate Arbitration Proceedings: Liberal Construction Versus Contractarian Approaches - United Kingdom Of Great Britain V. Boeing Co., Michael L. Decamp
Journal of Dispute Resolution
The Federal Arbitration Act (F.A.A.) provides arbitration agreements with the validity and enforceability afforded other contracts under the law. The F.A.A. does this by vesting the United States district courts with the authority to compel parties to arbitrate according to their agreements. However, when a court must decide whether to consolidate separate arbitration proceedings because they involve common questions of fact and law and common parties, the F.A.A. is silent as to the court's authority. This silence has resulted in courts either allowing consolidation under a liberal interpretation of the act ("liberal construction" approach), or refraining from granting consolidation under …
Emergency Medical Treatment Statute: A Federal How To On Avoiding Mandatory Arbitration Of Medical Malpractice Claims - Brooks V. Maryland Hospital, Inc., The, Karen E. Martin
Journal of Dispute Resolution
To combat the explosion of medical malpractice claims, some states have made arbitration a mandatory prerequisite to filing medical malpractice suits. These states hope that mandatory arbitration will decrease the number of claims and lessen the impact of medical malpractice suits. The federal government has created an obstacle to this effort in the form of the emergency medical treatment statute. This federal statute regulates emergency room care, but courts have been hesitant to call it a medical malpractice statute. As a result of the ambiguity in the federal statute, claimants are able to avoid state-mandated arbitration, thereby circumventing the goals …
Michigan's Binding Summary Jury Trial: Reward Or Punishment - Farleigh V. Amalgamated Transit Union, Local 1251, Thomas G. Glick
Michigan's Binding Summary Jury Trial: Reward Or Punishment - Farleigh V. Amalgamated Transit Union, Local 1251, Thomas G. Glick
Journal of Dispute Resolution
In 1988, the Michigan Supreme Court added the summary jury trial to its arsenal of settlement devices available to trial judges.' Unfortunately, the summary jury trial employed in Farleigh v. Amalgamated Transit Union, Local 1251 failed to meet its goal, and no settlement was reached by the parties.6 Nevertheless, the Michigan Court of Appeals chose to enforce the summary jury verdict,7 thereby drawing into question not only the ability of the summary jury trial to meet the preliminary goal of promoting settlement, but also the larger goal of the accomplishment of justice