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Dispute Resolution and Arbitration Commons

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Full-Text Articles in Dispute Resolution and Arbitration

Behind Every Case Is A Conversation, Donna Shestowsky Mar 2026

Behind Every Case Is A Conversation, Donna Shestowsky

Nevada Law Journal

Lawyers play a central role in guiding clients through critical decisions that shape the trajectory of litigation. Among the most consequential of these is the choice of procedures by which disputes will be resolved—whether through trial, mediation, arbitration, or other mechanisms. Despite the weight of these decisions, legal scholarship offers little guidance on how lawyers might structure conversations about procedural options. This Article seeks to address that gap by drawing on empirical research from psychology and related disciplines to develop recommendations for educating and counseling clients—particularly those with little or no prior exposure to the civil justice system—so that they …


Olympic Dreams Dashed: Arbitrating Seconds, Grams, Identity, And Time At The Paris Olympic Games 2024, Maureen A. Weston Mar 2025

Olympic Dreams Dashed: Arbitrating Seconds, Grams, Identity, And Time At The Paris Olympic Games 2024, Maureen A. Weston

Nevada Law Journal

No abstract provided.


Truth. Regardless Of Reconciliation?, Michael Moffitt Jun 2024

Truth. Regardless Of Reconciliation?, Michael Moffitt

Nevada Law Journal

No abstract provided.


Alternative Evidence Rules For Arbitration, Henry Zhuhao Wang Sep 2023

Alternative Evidence Rules For Arbitration, Henry Zhuhao Wang

Nevada Law Journal

No abstract provided.


Political Polarization: Psychological Explanations And Potential Solutions, Jennifer K. Robbennolt Mar 2023

Political Polarization: Psychological Explanations And Potential Solutions, Jennifer K. Robbennolt

Nevada Law Journal

No abstract provided.


Evolution Of The Arbitration Forum As A Response To Mandatory Arbitration, Teresa J. Verges Jan 2018

Evolution Of The Arbitration Forum As A Response To Mandatory Arbitration, Teresa J. Verges

Nevada Law Journal

No abstract provided.


Re-Inventing Arbitration: How Expanding The Scope Of Arbitration Is Re-Shaping Its Form And Blurring The Line Between Private And Public Adjudication, Deborah R. Hensler, Damira Khatam Jan 2018

Re-Inventing Arbitration: How Expanding The Scope Of Arbitration Is Re-Shaping Its Form And Blurring The Line Between Private And Public Adjudication, Deborah R. Hensler, Damira Khatam

Nevada Law Journal

No abstract provided.


Response: Public Litigation, Private Arbitration?, David L. Noll Jan 2018

Response: Public Litigation, Private Arbitration?, David L. Noll

Nevada Law Journal

No abstract provided.


"Arbitration Schmarbitration": Examining The Benefits And Frustrations Of Defining The Process, Jean R. Sternlight Jan 2018

"Arbitration Schmarbitration": Examining The Benefits And Frustrations Of Defining The Process, Jean R. Sternlight

Nevada Law Journal

No abstract provided.


Arbitration's Dark Shadow, Benjamin P. Edwards Jan 2018

Arbitration's Dark Shadow, Benjamin P. Edwards

Nevada Law Journal

No abstract provided.


Arbitration, What Is It Good For?, Thomas O. Main Jan 2018

Arbitration, What Is It Good For?, Thomas O. Main

Nevada Law Journal

No abstract provided.


The Blurring Of The Public/Private Distrinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez Jan 2018

The Blurring Of The Public/Private Distrinction Or The Collapse Of A Category? The Story Of Investment Arbitration, Guillermo J. Garcia Sanchez

Nevada Law Journal

No abstract provided.


Reconciling Fault Lines In Arbitration And Redefining Arbitration Through The Broader Lens Of Procedure, Imre S. Szalai Jan 2018

Reconciling Fault Lines In Arbitration And Redefining Arbitration Through The Broader Lens Of Procedure, Imre S. Szalai

Nevada Law Journal

No abstract provided.


The Metaphysics Of Arbitration: A Reply To Hensler And Khatam, Hiro N. Aragaki Jan 2018

The Metaphysics Of Arbitration: A Reply To Hensler And Khatam, Hiro N. Aragaki

Nevada Law Journal

No abstract provided.


Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation, Robert Rubinson Sep 2017

Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation, Robert Rubinson

Nevada Law Journal

No abstract provided.


The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin Sep 2016

The Three Phases Of The Supreme Court’S Arbitration Jurisprudence: Empowering The Already-Empowered, Martin H. Malin

Nevada Law Journal

No abstract provided.


Magistrate Judges, Settlement, And Procedural Justice, Nancy A. Welsh Jun 2016

Magistrate Judges, Settlement, And Procedural Justice, Nancy A. Welsh

Nevada Law Journal

No abstract provided.


Saltman Center For Conflict Resolution Tenth Anniversary Honors Nelson Mandela, Jean R. Sternlight Sep 2015

Saltman Center For Conflict Resolution Tenth Anniversary Honors Nelson Mandela, Jean R. Sternlight

Nevada Law Journal

No abstract provided.


Making Peace With Your Enemy: Nelson Mandela And His Contributions To Conflict Resolution, Jean R. Sternlight, Andrea Schneider, Carrie Menkel-Meadow, Robert Mnookin, Richard Goldstone, Penelope Andrews Sep 2015

Making Peace With Your Enemy: Nelson Mandela And His Contributions To Conflict Resolution, Jean R. Sternlight, Andrea Schneider, Carrie Menkel-Meadow, Robert Mnookin, Richard Goldstone, Penelope Andrews

Nevada Law Journal

No abstract provided.


Beyond Fairness: The Place Of Moral Foundations Theory In Mediation And Negotiation, Jonathan M. Hyman Mar 2015

Beyond Fairness: The Place Of Moral Foundations Theory In Mediation And Negotiation, Jonathan M. Hyman

Nevada Law Journal

No abstract provided.


Pre-Dispute Binding Arbitration In Consumer Warranties: The Ninth Circuit Concludes Correctly For All The Wrong Reasons, Aaron K. Haar Mar 2013

Pre-Dispute Binding Arbitration In Consumer Warranties: The Ninth Circuit Concludes Correctly For All The Wrong Reasons, Aaron K. Haar

Nevada Law Journal

No abstract provided.


Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions, Jeffrey W. Stempel Jan 2012

Paradox Lost: The Potential Of Restorative Attorney Discipline — With A Cautionary Call For Making Distinctions, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.


Community Mediation In Economic Crisis: The Reemergence Of Prearious Sustainability, Wendy E. Hollingshead Corbett, Justin R. Corbett Apr 2011

Community Mediation In Economic Crisis: The Reemergence Of Prearious Sustainability, Wendy E. Hollingshead Corbett, Justin R. Corbett

Nevada Law Journal

No abstract provided.


Similarities Between Arbitration And Bankruptcy Litigation, Stephen J. Ware Apr 2011

Similarities Between Arbitration And Bankruptcy Litigation, Stephen J. Ware

Nevada Law Journal

No abstract provided.


Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie, Nancy A. Welsh Apr 2011

Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie, Nancy A. Welsh

Nevada Law Journal

No abstract provided.


Introduction: Brewing Lemonade: Conflict Resolution And The Economic Crisis, Jean R. Sternlight Apr 2011

Introduction: Brewing Lemonade: Conflict Resolution And The Economic Crisis, Jean R. Sternlight

Nevada Law Journal

No abstract provided.


There's No Place Like Home: Applying Dispute Systems Design Theory To Create A Foreclosure Mediation System, Andrea Kupfer Schneider, Natalie C. Fleury Apr 2011

There's No Place Like Home: Applying Dispute Systems Design Theory To Create A Foreclosure Mediation System, Andrea Kupfer Schneider, Natalie C. Fleury

Nevada Law Journal

No abstract provided.


Volunteers: The Power Of Community Mediation, Becky L. Jacobs Apr 2011

Volunteers: The Power Of Community Mediation, Becky L. Jacobs

Nevada Law Journal

No abstract provided.


Mortgage Foreclosure Mediation In Florida - Implementation Challenges For An Institutionalized Program, Sharon Press Apr 2011

Mortgage Foreclosure Mediation In Florida - Implementation Challenges For An Institutionalized Program, Sharon Press

Nevada Law Journal

No abstract provided.


The Global Dimension Of The Current Economic Crisis And The Benefits Of Alternative Dispute Resolution, Rebecca Golbert Apr 2011

The Global Dimension Of The Current Economic Crisis And The Benefits Of Alternative Dispute Resolution, Rebecca Golbert

Nevada Law Journal

No abstract provided.