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Dispute Resolution and Arbitration Commons™
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Articles 931 - 960 of 1029
Full-Text Articles in Dispute Resolution and Arbitration
Catch-22 Of Mandatory Summary Jury Trials, The, Daniel K. O'Toole
Catch-22 Of Mandatory Summary Jury Trials, The, Daniel K. O'Toole
Journal of Dispute Resolution
Since its inception nearly ten years ago, the summary jury trial has received almost unanimous acclaim as an extremely effective means of inducing settlement and avoiding protracted litigation.' The settlement technique continued to be used with virtually no opposition2 until some courts began using the summary jury trial as a mandatory settlement mechanism. 3 Within the federal court system, a split of authority has developed as to the permissibility of a trial judge imposing a summary jury trial settlement procedure on litigants.4 Strandell v. Jackson County, Ill.5 and McKay v. Ashland Oil, Inc.6 are two of the more recent cases …
Just Saying No: Avoiding Predispute Agreements To Arbitrate In Securities Cases, Jim Parks
Just Saying No: Avoiding Predispute Agreements To Arbitrate In Securities Cases, Jim Parks
Journal of Dispute Resolution
This Comment will explore the current state of securities arbitration and will examine the advisability of arbitration in a securities context. In addition, this Comment will consider avenues of relief open to the securities plaintiff who is seeking to avoid arbitration.
Chipping Away At Lawyer Veracity: The Aba's Turn Toward Situation Ethics In Negotiations, Ruth Fleet Thurman
Chipping Away At Lawyer Veracity: The Aba's Turn Toward Situation Ethics In Negotiations, Ruth Fleet Thurman
Journal of Dispute Resolution
This Article questions the wisdom of the Model Rule's exceptions to honest dealings in negotiations on several grounds: (1) Proponents of the exceptions have not offered empirical evidence or professional justification for this approach; 16 (2) The approach will further tarnish the profession's image; (3) The approach will create a slippery slope that leads to unintended ethical violations; and (4) The approach will erode the high degree of trust, veracity and integrity required of lawyers as "officer[s] of the legal system."1 7 For these reasons, the Model Rule's exceptions to honesty in negotiations should be abolished by the ABA and …
Public's Need To Know Vs. Effective Settlement Techniques: The First Amendment Confronts The Summary Jury Trial - Cincinnati Gas And Electric Co. V. General Electric Co., The, Anne E. Billings
Journal of Dispute Resolution
With the proliferation of alternative dispute resolution, the summary jury trial (SJT) has become popular in many federal courts as an alternative to litigation. 2 Because of the SJT's trial-like nature, members of the press argue that the first amendment 3 gives the press the right to report on SJT proceedings. In Cincinnati Gas and Electric Co. v. General Electric Co.,4 the Sixth Circuit Court of Appeals addressed the issue of whether the first amendment right of access attaches to a SJT proceeding.
Constitutionally Recognizing Court Mandated Arbitration: Paradise Found Or Problems Abound - Firelock Inc. V. District Court, Scott M. Badami
Constitutionally Recognizing Court Mandated Arbitration: Paradise Found Or Problems Abound - Firelock Inc. V. District Court, Scott M. Badami
Journal of Dispute Resolution
This Note will argue that notwithstanding any criticism of the court-annexed arbitration procedure, the Colorado Supreme Court is taking a leadership position in upholding and expanding the role for arbitration, by recognizing that this form of alternative dispute resolution is less expensive, saves judicial time, provides for confidentially, and most importantly, provides the parties with a sense of fairness in the outcome.
Book Reviews, Michele S. G. Hermann
Book Reviews, Michele S. G. Hermann
Journal of Dispute Resolution
Two new introductory books on mediation have been published within the last year. ANATOMY OF MEDIATION1 is co-authored by veteran labor arbitrator Sam Kagel, who has been practicing and writing about resolving labor-management disputes for 45 years,2 and Kathy Kelly, also a labor arbitrator and author in the field.3 MEDIATE, DON'T LITIGATE4 is written by Peter Lovenheim, a New York lawyer who is former legal counsel and program director for the Center for Dispute Settlement, a public mediation center in Rochester, New York
Five-Year Index To Volumes 1984-1989
Five-Year Index To Volumes 1984-1989
Journal of Dispute Resolution
No abstract provided.
Table Of Leading Articles-Authors
Table Of Leading Comments-Authors
Table Of Leading Notes-Authors
Consumers Swallow Another Lemon: Agency Consent Order Preemption Of State Lemon Law Standards For Informal Dispute Resolution - General Motors V. Abrams, Gregory L. Barnes
Consumers Swallow Another Lemon: Agency Consent Order Preemption Of State Lemon Law Standards For Informal Dispute Resolution - General Motors V. Abrams, Gregory L. Barnes
Journal of Dispute Resolution
This Note will first examine the background of GM v. Abrams, which involves a successful attempt by General Motors (GM) to use a Federal Trade Commission (FTC) consent order to block the application of New York's "Lemon Law" 6 to the arbitration program contained in the order.7 Second, it will discuss the legal context of the dispute (chiefly the extension of the federal preemption doctrine to "implicitly preemptive" agency consent orders). Third, it will outline the court's application of that doctrine in the instant case. Finally, it will offer a critical evaluation of both the legal and policy grounds of …
Five-Year Index To Volumes 1984-1989: Contents
Five-Year Index To Volumes 1984-1989: Contents
Journal of Dispute Resolution
No abstract provided.
Hey Counselor, Can You Spare A Dime - The Seventh Circuit's High-Water Mark In Curbing Meritless Challenges Of Arbitration Awards - Hill V. Norfolk & (And) Western Railway, Robert K. Angstead
Hey Counselor, Can You Spare A Dime - The Seventh Circuit's High-Water Mark In Curbing Meritless Challenges Of Arbitration Awards - Hill V. Norfolk & (And) Western Railway, Robert K. Angstead
Journal of Dispute Resolution
This Note traces the history of the Seventh Circuit's recent use of Rule 11 in actions involving the circumvention of the arbitration process to that circuit's highwater mark decision in Hill v. Norfolk & Western Railway.1 " This history serves to illuminate the imperative delivered by Judge Posner, not only to members of the bar in the Seventh Circuit but to officers of the court nationwide: "Lawyers practicing in the Seventh Circuit, take heed!"
How Existing Procedures Shape Alternatives: The Case Of Grievance Mediation, Deborah M. Kolb
How Existing Procedures Shape Alternatives: The Case Of Grievance Mediation, Deborah M. Kolb
Journal of Dispute Resolution
Mediation is one of the oldest and most ubiquitous forms of conflict resolution in American society and throughout the world. Traditionally a prominent adjunct to labor and international negotiation, mediation is now used in divorce, family, civil, consumer, commercial and employee relations, environmental planning and siting, and the development of governmental procedures and regulations.' As mediation has penetrated into these new areas of social life, curiosity about the practice of mediation, that is, what mediators actually do to bring about settlement, has increased.
Mediation Interventions And Restorative Potential: A Case Study Of Juvenile Restitution, Harry Mika, Kimberley Cole, Anmarie Aylward
Mediation Interventions And Restorative Potential: A Case Study Of Juvenile Restitution, Harry Mika, Kimberley Cole, Anmarie Aylward
Journal of Dispute Resolution
This paper explores a far less prevalent variant of juvenile restitution, distinguished by the use of mediation to reconcile victims and offenders and to establish the specific terms of restitution by consensus. In addition to general discussions of restitution and mediation, a more focused descriptive profile of mediation interventions in juvenile restitution for Dallas, Texas, is presented. Drawing from case materials and the direct involvement of the authors as third party neutrals in juvenile restitution, the mediation component of this program is further scrutinized for its adequacy for addressing needs of victims and offenders within what Zehr identifies as retributive …
Child Custody Mediation: A Proposed Alternative To Litigation, Terri Garner
Child Custody Mediation: A Proposed Alternative To Litigation, Terri Garner
Journal of Dispute Resolution
Section II of this article describes the historical framework from which child custody mediation has developed. Section III discusses the process and procedures normally followed by a mediator in order to assure maximum, effective results. Section IV explains the role of the mediator including ethical considerations and problems faced by attorneys who wish to mediate the custody disputes of divorcing couples. Section V sets forth the results and conclusions of the Denver Custody Mediation Project (Denver Project), an influential study that has become the basis of encouraging mediation throughout the nation. Finally, Section VI discusses the advantages and disadvantages of …
Cool Hand Lawyers: White Collar Crime And Tactics Of The Prosecution And Defense, M. Shawn Askinosie
Cool Hand Lawyers: White Collar Crime And Tactics Of The Prosecution And Defense, M. Shawn Askinosie
Journal of Dispute Resolution
This Comment is designed to facilitate the understanding of the white collar criminal plea bargaining process "which is not as open to the public view" and illuminate the actors' "carefully planned clash of positions." There is more to this process than a plea of guilty to reduced charges. The order of ideas in this Comment should be considered as both chronological and at times interactive depending on the facts and law of each case.
Applying Adr To Hospital Staff Privilege Disputes: A Prescription For The Future Of Health Care, Laurel E. Shealey
Applying Adr To Hospital Staff Privilege Disputes: A Prescription For The Future Of Health Care, Laurel E. Shealey
Journal of Dispute Resolution
In today's world of rising medical costs, hospital liability for staff negligence, and the uncertainty surrounding the viability of many medical procedures, hospitals are increasingly concerned with having competent doctors who can work effectively in a changing medical environment. In order to regulate staff quality, hospitals have broad discretion in granting, terminating, and reducing hospital staff privileges t
Sour Lemon: Federal Preemption Of Lemon Law Regulations Of Informal Dispute Settlement Mechanisms - Motor Vehicle Manufacturers Association V. Abrams, A, David P. Hiatt
Journal of Dispute Resolution
Federal preemption of state "lemon laws" is a relatively recent development in the battle between federal and state law for control of regulation in the consumer protection area. Although preemption is the key issue upon which Motor Vehicle Manufacturers Association v. Abrams 2 was decided, the outcome affects the continued viability of manufacturers to establish workable settlement mechanisms to handle the resolution of disputes with consumers. The court, in holding the New York "Lemon Law"3 preempted by the Magnuson-Moss Warranty Act4 , determined that the federal policy of encouraging manufacturers to voluntarily establish dispute resolution mechanisms outweighed New York's efforts …
Recent Developments: The Uniform Arbitration Act
Recent Developments: The Uniform Arbitration Act
Journal of Dispute Resolution
The U.A.A. provides that "[a] written agreement to submit any existing controversy to arbitration . . . is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. "5 Courts and legislatures alike routinely state the policies promoting arbitration. Because most states favor the settlement of disputes through arbitration, there is a tendency for courts to find a valid arbitration agreement
Setting The Standard For Overturning An Arbitrator's Award That Violates Public Policy - United Paperworkers International V. Misco, Inc., Brian Darling
Journal of Dispute Resolution
For over forty years, the United States Supreme Court has recognized the principle that great deference is to be given by the courts to the decisions of arbitrators.2 The Court has applied this same deferential standard in reviewing arbitration awards which are challenged on the basis of being in violation of public policy.3 The well settled rule is that a court must enforce the award unless it violates a well defined, explicit public policy that is ascertained "by reference to the laws and legal precedents and not from general considerations of supposed public interest."4 Recently, the Supreme Court reaffirmed this …
Early Neutral Evaluation: The Second Phase, David I. Levine
Early Neutral Evaluation: The Second Phase, David I. Levine
Journal of Dispute Resolution
The federal court for the Northern District of California has operated an experimental program in expedited dispute resolution called Early Neutral Evaluation (ENE) since 1985. After a lengthy and careful period of analysis and revision of the program, the Court has permanently adopted ENE on the basis of considerable evidence that it is an effective way to improve the resolution of civil disputes and on the basis of the strong endorsement of the program by those who have participated in it. This report first briefly describes ENE and the results from the author's study of the initial pilot phase. It …
Labor Arbitration And State Wrongful Discharge Actions: Due Process Or Remedial Double Dipping - Lingle V. Norge Division Of Magic Chef, Inc., John Porter Hoel
Labor Arbitration And State Wrongful Discharge Actions: Due Process Or Remedial Double Dipping - Lingle V. Norge Division Of Magic Chef, Inc., John Porter Hoel
Journal of Dispute Resolution
This note will explore the history of Section 301 of the Labor Management Relations Act 6 (LMRA) and the preemption doctrine, the development of the wrongful discharge action, the case history involving union employees filing state actions for wrongful discharge, and the effect the Lingle decision will have on business, the judicial system and, most importantly, the body politic of the individual states. Emphasis will be placed on the important role the state legislature will play in determining the exact ramifications of the Supreme Court's decision. Finally, the note will outline and discuss four main options state legislatures have when …
Book Review Essay , James E. Westbrook
Book Review Essay , James E. Westbrook
Journal of Dispute Resolution
Getting Disputes Resolved is an important addition to the growing body of scholarly and how-to-do-it literature on disputing and dispute processing. It offers guidelines and advice on designing and implementing dispute resolution systems that are based on the authors' experience as designers of dispute resolution systems in the coal industry. The authors are among the more prominent scholar-practitioners in the dispute resolution field. William L. Ury, associate director of the Program on Negotiation at Harvard Law School, co-authored (with R. Fisher) Getting to Yes: Negotiating Agreements Without Giving In. Jeanne M. Brett, J.L. Kellogg Professor of Dispute Resolutions and Organizations …