Dispute Resolution and Arbitration Commons^™

"Brother Can You Spare A Dime?" Technology Can Reduce Dispute Resolution Costs When Times Are Tough And Improve Outcomes, David Allen Larson

Nevada Law Journal

No abstract provided.

Court-Annexed Arbitration And Nevada's Unique Penalty Provisions: Introducing An Arbitrator's Findings At A Trial De Novo, Paul C. Williams

Nevada Law Journal

No abstract provided.

Mindfulness, Emotions, And Mental Models: Theory That Leads To More Effective Dispute Resolution, Peter Reilly

Nevada Law Journal

This Article suggests that law students and lawyers can be introduced to, and even begin to master, some of the same transformational principles, skill sets, and behaviors that poured forth from FDR as a result of his intense physical and personal challenges. At the core of nearly all great negotiators, mediators, lawyers, and leaders is a person who has learned to connect with other people, that is, to build relationships of trust, cooperation, and collaboration. Additionally, this Article argues that where people first learn a sense of self and others through both theoretical and practical knowledge and understanding of mindfulness …

Annual Saltman Lecture: Further Beyond Reason: Emotions, The Core Concerns, And Mindfulness In Negotiation, Leonard L. Riskin

Nevada Law Journal

This article focuses on one particularly common problem: Sometimes people who understand the Core Concerns System, know how to use it, and intend to employ it in a particular negotiation, either fail to do so or fail to do so skillfully; when they review the negotiation, they regret not having used the Core Concerns System, and believe that using it would have produced a better process and outcome. When this occurs, it often results from deficits or faults in the negotiator's awareness.

It follows that a negotiator can enhance his ability to employ the Core Concerns System through improving his …

Using Mindfulness Practice To Work With Emotions, Deborah Calloway

Nevada Law Journal

The most important point to understand is that working with and understanding our own emotional reactions is an essential prerequisite to working skillfully with emotionally charged individuals in disputes. Training in “mediation techniques” designed to help us recognize and work with emotions in the mediation and negotiation context will not work unless we have practiced working with our own emotions consistently in our ordinary lives. Otherwise, in the heat of the moment during a negotiation or mediation, we are likely to forget every technique we have learned. Habitual patterns of behavior simply take hold.

This article seeks to provide some …

Yes, And: Core Concerns, Internal Mindfulness, And External Mindfulness For Emotional Balance, Lie Detection, And Successful Negotiation, Clark Freshman

Nevada Law Journal

This article suggests that both parts of Leonard Riskin's latest article and parts of the argument on “core concerns” by Roger Fisher and Dan Shapiro may, with certain individuals in certain circumstances, not work. Indeed, focusing on core concerns may even produce less functional emotions and therefore decrease the chances of an optimal outcome. This article addresses the limitations inherent within the core concerns approach and suggests “external mindfulness” as a complementary skill to check when core concerns help and when other tools, including both internal and external mindfulness, may help as well as--or better than--the core concerns approach. We …

What Does It Mean To Do The Right Thing?, Ran Kuttner

Nevada Law Journal

This Article will explore how the practice of mindfulness and the cultivation of wisdom as understood in the Buddhist philosophy can help develop a mindset that will assist lawyers and conflict resolution specialists to make conscious ethical decisions and to do the “right thing” in different situations. It will draw a distinction between the two central terms, “mindfulness” and “wisdom,” clarify the philosophical underpinnings of “wisdom,” introduce foundational concepts in Buddhist philosophy, and suggest that in order to cultivate the aforementioned mindset, it is important to go beyond “mindfulness” and meet the challenges that the cultivation of “wisdom” pose. Part …

From Signal To Semantic: Uncovering The Emotional Dimension Of Negotiation, Daniel L. Shapiro

Nevada Law Journal

The author co-created the Core Concerns Framework as a pragmatic model to help people address the emotional dimension of negotiation. Dealing directly with the variety of emotions that arise in a negotiation can overwhelm our cognitive capacity, especially in a high-stakes context, where there are multiple layers of communication, processes, and substantive issues. The framework suggests that negotiators turn their attention to a subset of motives--what the authors call core concerns--to illuminate and navigate the emotional dimension of negotiation.

In the Nevada Law Journal symposium on mindfulness and the core concerns, Professor Clark Freshman calls into question how “core” the …

Feeding The Right Wolf: A Niebuhrian Perspective On The Opportunities And Limits Of Mindful Core Concerns Dispute Resolution, Jeffrey W. Stempel

Nevada Law Journal

This Article offers a few observations regarding both the promise and the difficulties faced in using mindful core concerns dispute resolution. Part II focuses on the difficulties faced by mindful negotiators and mediators when confronted with disputants who are too adversarial, selfish, unrealistic, or unresponsive to overtures for interest-based bargaining--even after skilled attempts to neutralize whatever negative emotions may be fueling their counterproductive behavior. In making these assessments and suggestions, the Article relies significantly on the work of Reinhold Niebuhr. Appreciation of Niebuhr's insights can assist mindful negotiation by helping the negotiator to distinguish those situations amenable to the cooperative …

Mindfulness, Emotions, And Ethics: The Right Stuff?, Ellen Waldman

Nevada Law Journal

This essay celebrates Leonard Riskin's call to arms while suggesting some limits to what mindfulness can achieve in the ethical realm. I discuss recent developments in neuroethics that imply a prominent role for emotions in establishing ethical restraint. The Article also surveys a growing body of evidence that suggests the directive power of our emotions remains largely hidden from and impervious to the control of our “reasoning” selves. Lastly, the author examines what Riskin has, in an earlier work, described as the ethical hard case in light of recent explorations into the emotional wellsprings of deontological versus consequentialist thinking. Although …

Sticks, Stones, And School Yard Bullies: Restorative Justice, Mediation And A New Approach To Conflict Resolution In Our Schools, Leah M. Christensen

Nevada Law Journal

One of the most damaging and increasing problems in our schools today is student teasing and bullying. The research is clear: victims and bystanders of bullying will experience emotional scars with long-term effects. This Article discusses the failure of the traditional legal system to prevent bullying and to provide appropriate compensation for its victims. In addition, the Article introduces a new approach to conflict resolution in our schools called the Social Inclusion Approach. Based upon principles of Restorative Justice, the Social Inclusion Approach seeks to change the climate of the school and give bystanders the power to say, “Stop.” Finally, …

An Ecosystem Perspective On Collaboration For The Colorado River, Robert W. Adler

Nevada Law Journal

No abstract provided.

Getting To "Let's Talk": Legal And Natural Destabilizations And The Future Of Regional Collaboration, Bradley C. Karkkainen

Nevada Law Journal

No abstract provided.

On Perfect Storms And Sacred Cows Of Collaboration, Comments On Bradley Karkkainen, Getting To "Let's Talk": Legal And Natural Destabilzations And The Future Of Regional Collaboration, Kirk Emerson

Nevada Law Journal

No abstract provided.

Getting To "Let's Talk": Comments On Collaborative Environmental Dispute Resolution Processes, Carrie Menkel-Meadow

Nevada Law Journal

No abstract provided.

Séances, Ciénegas, And Slop: Can Collaboration Save The Delta?, Bret C. Birdsong

Nevada Law Journal

No abstract provided.

Collaboration In Mexico: Renewed Hope For The Colorado River Delta, Francisco Zamora-Arroyo, Osvel Hinojosa-Huerta, Edith Santiago, Emily Brott, Peter Culp

Nevada Law Journal

No abstract provided.

Collaboration And The Colorado River Compact, Patricia Mulroy

Nevada Law Journal

No abstract provided.

Collaborative Management Of The Glen Canyon Dam: The Elevation Of Social Engineering Over Law, Joseph M. Feller

Nevada Law Journal

The operation of Glen Canyon Dam on the Colorado River affects several downstream resources and water uses including water supply for consumptive uses in Arizona, California, and Nevada, hydroelectric power production, endangered species of native fish, recreational angling for non-native fish, and recreational boating in the Grand Canyon. Decisions about the magnitude and timing of water releases through the dam involve trade-offs between these resources and uses. The numerous laws affecting dam operations create a hierarchy of legal priorities that should govern these decisions. At the top of the hierarchy are mandatory requirements for water storage and delivery and for …

Beyond Conjecture: Learning About Ecosystem Management From The Glen Canyon Dam Experiment, Alejandro E. Camacho

Nevada Law Journal

No abstract provided.

Collaborative Solutions To Colorado River Water Shortages: The Basin States' Proposal And Beyond, Douglas L. Grant

Nevada Law Journal

No abstract provided.

The Anti-Speculation Doctrine And Its Implications For Collaborative Water Management, Sandra Zellmer

Nevada Law Journal

No abstract provided.

Introduction: Dreaming About Arbitration Reform, Jean R. Sternlight

Nevada Law Journal

No abstract provided.

Parties' Power To Vary Standards For Review Of International Commercial Arbitration Awards, Richard E. Speidel

Nevada Law Journal

No abstract provided.

Extending Owbpa Notice And Consent Protections To Arbitration Agreements Involving Employees And Consumers, Christopher J. Kippley, Richard A. Bales

Nevada Law Journal

The Federal Arbitration Act (“FAA”) was created in 1925 to permit judicial enforcement of arbitration agreements covering commercial contract disputes between parties with roughly equal bargaining power. Today, however, the FAA is the legal authority for judicial enforcement of arbitration agreements covering not only contractual claims but also statutory claims, and not only of disputes between commercial entities but also disputes involving parties with grossly disparate bargaining power such as companies and employees/consumers. Moreover, the Supreme Court has interpreted the FAA as strongly favoring arbitration, and the Court has used preemption analysis to restrict the ability of states to regulate …

Dangers Of Deference To Form Arbitration Provisions, Amy J. Schmitz

Nevada Law Journal

This Article is part of my larger project exploring what I call “contracting culture,” which borrows from legal realism and relational contract theory by considering contextual factors such as negotiators’ relations, understandings, and values. As part of this project, I am pursuing various threads, including empirical studies of how contracting realities impact arbitration. In this Article, however, I focus on how these realities in business to consumer contracts combine with the Federal Arbitration Act and formulaic contract law to foster dangerous deference to form arbitration provisions. The Article then invites procedural reforms and offers suggestions for regulations aimed to temper …

Measures To Encourage And Reward Post-Dispute Agreements To Arbitrate Employment Discrimination Claims, Michael Z. Green

Nevada Law Journal

No abstract provided.

In Defense Of Mandatory Binding Arbitration (If Imposed On The Company), Jean R. Sternlight

Nevada Law Journal

No abstract provided.

Arbitration Law's Separability Doctrine After Buckeye Check Cashing, Inc. V. Cardegna, Stephen J. Ware

Nevada Law Journal

No abstract provided.

Determining An Arbitrator's Jurisdiction: Timing And Finality In American Law, William W. Park

Nevada Law Journal

No abstract provided.