Dispute Resolution and Arbitration Commons^™

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

Nevada Law Journal

No abstract provided.

Truth. Regardless Of Reconciliation?, Michael Moffitt

Nevada Law Journal

Formal responses to historical injustices have typically taken one of two fundamental forms in the past hundred years. The first form is familiar to legal systems—a retributive process in which an adjudicative body measures the conduct of alleged wrongdoers against some set of established standards (think Nuremberg Trials). The second form is often labeled “alternative,” particularly in Western legal systems, despite its long history and increasing prevalence within the past few generations. It focuses on broad inclusion, shared responsibility for the outcomes, and a forward-looking perspective on the next steps beyond or in lieu of traditional criminal sanctions (think South …

Alternative Evidence Rules For Arbitration, Henry Zhuhao Wang

Nevada Law Journal

Today, arbitration is broadly used for resolving civil disputes domestically and internationally. It is a subject so popular in practice that calling it an “alternative dispute resolution” may in fact be a misnomer. Regarding the taking of evidence in arbitration, the cliché is that no rules apply, and that arbitrators have the ultimate authority. In practice, too many arbitrators simply let everything in, no matter how prejudicial, cumulative, incredible, suspect, or otherwise useless, for fear that ruling out anything may lead to vacatur.

This Article probes into the importance and feasibility of having evidence rules in arbitration. It argues that …

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

Nevada Law Journal

Deep disagreement can characterize public and private discussions of controversial policy issues. Differences in approach, understanding of the facts, and perceptions of each other can lead to contentious and unproductive debate, entrenched animosity, and the escalation of conflict. The psychological roots of these patterns are deep. But psychology also offers some lessons about how we might foster more constructive engagement across difference.

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

Nevada Law Journal

No abstract provided.

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

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

Nevada Law Journal

Contemporary academic research and scholarship are highly specialized. Legal scholarship on arbitration reflects this trend. There is extensive literature on domestic arbitration jurisprudence, on international commercial arbitration practice, and on investor-state arbitration procedure, and there are debates about the appropriate use of arbitration within all of these domains. But few of the participants in these debates are attentive to developments outside their own domains, and there are few examples of scholarship surveying trends across the three domains. Undertaking that analysis reveals important similarities in the challenges facing arbitration in each domain and in the responses to these challenges. Looking across …

Arbitration's Dark Shadow, Benjamin P. Edwards

Nevada Law Journal

Arbitration has expanded broadly, removing disputes involving entire industries from judicial review. The absence of judicial review plunges these disputes and industries into the shadow. This shadow causes the public to lose sight of vital information about industry practices and arbitrators to gradually lose sight of the law. Federal intervention may be necessary to restore consumer protections, including customer choice, to bring these disputes out of the shadows.

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

Nevada Law Journal

No abstract provided.

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

Nevada Law Journal

In the lead piece of this symposium, Hensler and Khatam bring into relief two paradoxes in contemporary arbitration policy and practice.1 First, arbitration is beset by hyperspecialization into segmented domains, yet is plagued by reforms that transcend those boundaries. Second, arbitration seeks all the virtue of formal adjudication without the process, yet process is the principal virtue of formal adjudication.

Hensler and Khatam invite readers to think broadly about contemporary arbitration policy and practice. Accepting that invitation, I briefly explore four areas of inquiry that can be reduced to the interrogatives Why?, What?, When?, and Who?, respectively. All four questions …

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

Nevada Law Journal

How should disputes be allocated between litigation and arbitration? Given strong incentives for many actors to arbitrate everything, the question turns fundamentally on the scope of arbitration under the applicable law. In Re-Inventing Arbitration: How Expanding the Scope of Arbitration Is Re-Shaping Its Form and Blurring the Line Between Private and Public Adjudication, Professor Deborah Hensler and Damira Khatam posit that the ‘public’ or ‘private’ nature of a dispute provides the key to whether it belongs in arbitration. While arbitration of private disputes is ok, disputes with “public policy dimensions” belong in the courts. Hensler and Khatam therefore suggest that …

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.

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

Nevada Law Journal

No abstract provided.

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

Nevada Law Journal

Arbitration agreements coupled with class-action waivers and other onerous provisions have become common in employment, consumer, and other transactions. The Supreme Court’s decisions enforcing such agreements have encouraged their use. Scholars have largely critiqued the Court’s decisions.

This article finds that the Court’s arbitration jurisprudence has not been so monolithic. Rather it has evolved through three phases. In Phase I, the Court overruled older case law and held that pre-dispute agreements to arbitrate statutory claims were enforceable pursuant to the Federal Arbitration Act (“FAA”). The Court’s rationale was that as long as the claimant could effectively vindicate the claims in …

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

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

Nevada Law Journal

No abstract provided.

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

Nevada Law Journal

No abstract provided.

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

Nevada Law Journal

No abstract provided.

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

Nevada Law Journal

No abstract provided.

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

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

Nevada Law Journal

No abstract provided.

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

Nevada Law Journal

No abstract provided.

Similarities Between Arbitration And Bankruptcy Litigation, Stephen J. Ware

Nevada Law Journal

No abstract provided.

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

Nevada Law Journal

No abstract provided.

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

Nevada Law Journal

No abstract provided.

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

Nevada Law Journal

The Conference on the Economic Crisis and Conflict Resolution, sponsored by the Saltman Center for Conflict Resolution at the University of Nevada Las Vegas, William S. Boyd School of Law, concerned the application of mediation and other forms of cost-effective dispute resolution to specific dimensions of the domestic economic crisis—namely foreclosure and bankruptcy. Among other relevant themes, the conference also examined cost-effective dispute resolution in community mediation, online technology, and dispute-wise organizations. An economic downturn, however, does not respect borders. The current economic crisis is no exception. Thus, I turn our attention to the global dimension of the current economic …