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Articles 1 - 30 of 438
Full-Text Articles in Dispute Resolution and Arbitration
A Look Inside The Nba’S Game-Changing Technical Foul: The Warner Bros. Discovery And Nba Broadcast Rights Dispute And How It Could Have Been Resolved Through Alternative Dispute Resolution, Nicola Coates
Pepperdine Dispute Resolution Law Journal
Despite being “the greatest studio show in sports TV history” and winning numerous Emmy Awards, the TNT Sports icon Inside the NBA was on the brink of disappearing. In 2024, the National Basketball Association (NBA) opted into a $77 billion contract with NBC, Amazon, and Disney’s ESPN, ending its forty-year relationship with Warner Brothers Discovery (Warner Bros. Discovery), the parent company of TNT Sports. Warner Bros. Discovery filed suit, alleging that, by rejecting its offer in favor of NBC, Amazon, and Disney, the NBA breached the parties’ 2014 media rights agreement, which included a right to match third-party offers. The …
Table Of Contents & Masthead, Grace E. Brandt
Table Of Contents & Masthead, Grace E. Brandt
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Reimagining The Path Forward: Preparing And Promoting The Next Generation Of Arbitrators Through Innovative Mentorship, Disclosure, And Transparency, Homer C. La Rue
Reimagining The Path Forward: Preparing And Promoting The Next Generation Of Arbitrators Through Innovative Mentorship, Disclosure, And Transparency, Homer C. La Rue
Pepperdine Dispute Resolution Law Journal
The article addresses a pivotal moment for the labor-management arbitration profession. As demographic changes and the growing complexity of labor relations coincide with a decline in the number of qualified arbitration professionals, Professor La Rue emphasizes the critical role senior arbitrators play as mentors and gatekeepers for the next generation. The piece explores mentorship models, including the traditional “Legacy Method” and initiatives designed to expand opportunities for underrepresented groups, such as the Ray Corollary Initiative. The article also offers actionable recommendations to advance disclosure and transparency, including: (1) reducing barriers to entry for new arbitrators; (2) establishing a formal mentorship …
Cultural Considerations: A Discussion Of Schematic Information Processing In African Plea Bargaining, Emma Joy Mcarthy
Cultural Considerations: A Discussion Of Schematic Information Processing In African Plea Bargaining, Emma Joy Mcarthy
Pepperdine Dispute Resolution Law Journal
Plea bargaining is a prominent form of alternative dispute resolution: it is the method of resolution for nearly 98% of criminal convictions in the United States and is growing in popularity worldwide, including across the continent of Africa. In many ways, plea bargaining reflects traditional restorative justice models practiced in Africa prior to the introduction of adversarial and retributive Western practices. This comment discusses schematic information processing, exploring how cultural influences shape the schemas held by members of African nations in contrast to Western ways of thinking. A deep value for community and an emphasis on relationships is at the …
An Open Door Policy: A Contemporary Analysis Of The Continuing Need For Court-Connected Civil Compulsory Arbitration Programs, Joshua D. Rogers
An Open Door Policy: A Contemporary Analysis Of The Continuing Need For Court-Connected Civil Compulsory Arbitration Programs, Joshua D. Rogers
Pepperdine Dispute Resolution Law Journal
Compulsory arbitration could be a crucial instrument in addressing an impending renewed litigation explosion. In the latter half of the twentieth century, numerous courts implemented court-connected civil compulsory arbitration programs to help address the substantial problems created by historic increases in civil litigation. Without much fanfare, these programs have been successfully operating to achieve the goals envisioned at their creation—improving judicial economy and efficiency. Despite the success and longevity in adopting jurisdictions, compulsory arbitration has peaked in its adoption and has seemingly faded into the background of the alternative dispute resolution conversation. Neglecting or dismissing this vital tool in the …
How Law Schools Can Better Cultivate A Culture Of Engagement And Dialogue, Anton Sorkin
How Law Schools Can Better Cultivate A Culture Of Engagement And Dialogue, Anton Sorkin
Pepperdine Dispute Resolution Law Journal
For the last few years, a competing culture has developed on university campuses based on what the National Jurist called the “protest generation.” These developments have seeped into law schools, creating not only tensions with the administrations, but also tensions between student organizations seeking to participate in accordance with their mission and purpose. Given the importance of legal education and the role of attorneys in society, this article advocates for law schools to cultivate a culture of engagement and dialogue by establishing private forums where student leaders may work out their differences in a civil and constructive manner. Within these …
Stitching Up Industry Issues: Arbitration Can Offer Customized Solutions To Fashion Intellectual Property Disputes, Catherine Meng
Stitching Up Industry Issues: Arbitration Can Offer Customized Solutions To Fashion Intellectual Property Disputes, Catherine Meng
Pepperdine Dispute Resolution Law Journal
This comment proposes alternative dispute resolution (ADR), specifically arbitration, as a more effective mechanism for resolving fashion copyright disputes. The fashion industry has historically received limited protection for designs—primarily trademark and patent law—resulting in widespread copying and difficulty enforcing claims. In the 2017 case Star Athletica, L.L.C. v. Varsity Brands, Inc., the Supreme Court added copyright to the patchwork of protections. However, that protection is available only for aesthetic elements, not functional ones. The difficulty in distinguishing these components, along with the challenges of enforcing claims across borders and between parties with unequal bargaining power, as in Hian v. Louis …
Table Of Contents & Masthead, Grace E. Brandt
Table Of Contents & Masthead, Grace E. Brandt
Pepperdine Dispute Resolution Law Journal
No abstract provided.
An Alternative Sacrifice: Religious Arbitration Agreements In Ministerial Employment Contracts, Grace E. Brandt
An Alternative Sacrifice: Religious Arbitration Agreements In Ministerial Employment Contracts, Grace E. Brandt
Pepperdine Dispute Resolution Law Journal
After decades of development in lower courts, the Supreme Court unanimously affirmed the ministerial exception in Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C. (2012) and provided additional guidance in Our Lady of Guadalupe School v. Morrissey-Berru (2020). The precise contours of the exception remain uncertain, but the doctrine—grounded in the Free Exercise and Establishment Clauses of the First Amendment—effectively bars civil courts from reviewing claims against religious institutions that implicate ministerial employment decisions. Thus, ministers are unable to pursue redress for legitimate harms that occur within the scope of their religious employment, even if unrelated to religious doctrine. This …
Off The Gridiron Conflict: Why The Nfl Should Use Mediation To Resolve Internal Disputes, Bryan Weitzman
Off The Gridiron Conflict: Why The Nfl Should Use Mediation To Resolve Internal Disputes, Bryan Weitzman
Pepperdine Dispute Resolution Law Journal
The National Football League (NFL) is a multibillion-dollar enterprise built on a sport that fundamentally depends on communication, cooperation, and collaboration. Yet the league resolves nearly all internal disputes through adversarial arbitration mechanisms embedded in the NFL Constitution and the NFL/NFL Players Association Collective Bargaining Agreement. This comment argues that the NFL’s exclusive reliance on arbitration is conceptually inconsistent with the values that the sport instills and structurally prejudicial to players, coaches, and employees—particularly where the Commissioner retains final arbitral authority. An examination of alternative dispute resolution (ADR) principles and case studies demonstrates how the NFL’s current internal dispute resolution …
The Regulatory Framework For Crowdsourced Online Dispute Resolution: Revisiting The Dispute Resolution Triangle, Yun Zhao, Zhiming Xiao
The Regulatory Framework For Crowdsourced Online Dispute Resolution: Revisiting The Dispute Resolution Triangle, Yun Zhao, Zhiming Xiao
Pepperdine Dispute Resolution Law Journal
Crowdsourced Online Dispute Resolution (CODR) constitutes a transformative approach to digital-era disputes, fundamentally reconceptualizing dispute resolution through distributed participant networks rather than merely digitizing traditional alternative dispute resolution. Anchored in Katsh and Rifkin’s dispute resolution triangle (trust, convenience, expertise) and Perritt’s co-regulatory governance model, this paper analyzes CODR’s evolution from early systems such as iCourthouse to contemporary implementations. Case studies of eBay Community Court (contractual self-regulation prioritizing convenience) and Xianyu Small Court (state-aligned hybrid governance optimizing expertise through algorithmic juror specialization) demonstrate how platforms operationalize these theoretical frameworks. The legal analysis examines jurisdictional fragmentation and enforcement challenges, revealing how regulatory …
Hiding Elephants In Mouseholes: Judicial (Mis)Application Of The Federal Arbitration Act To Attorney-Client Arbitration Agreements, Gregory L. Smith
Hiding Elephants In Mouseholes: Judicial (Mis)Application Of The Federal Arbitration Act To Attorney-Client Arbitration Agreements, Gregory L. Smith
Pepperdine Dispute Resolution Law Journal
This article criticizes cases and commentary that assume, without argument, that the Federal Arbitration Act (FAA) and its decidedly pro-arbitration jurisprudence apply to determine the enforceability of private attorney-client arbitration agreements, thus preempting state bar rules governing disclosures that lawyers must otherwise provide to clients when proposing private, binding arbitration in place of bar-sponsored arbitration regimes. The author argues that applying the FAA and its jurisprudence to attorney-client arbitration agreements raises significant constitutional issues regarding the states’ recognized authority to regulate the legal profession—an issue that courts and commentators have simply ignored.
Dispute Review Boards And The Construction Industry: The Song Remains The Same—Or Does It?, Daniel Mcmillan
Dispute Review Boards And The Construction Industry: The Song Remains The Same—Or Does It?, Daniel Mcmillan
Pepperdine Dispute Resolution Law Journal
Dispute Review Boards (DRBs) are a unique form of alternative dispute resolution (ADR) used on large and complex construction projects across the country. Although largely ignored by legal scholars, DRBs have been highly successful in resolving costly, time-consuming disputes involving hundreds of billions of dollars’ worth of projects since their advent in 1975. DRBs are a hybrid form of ADR that combine facilitative and evaluative as well as coercive and non-coercive features of more common forms of ADR. But what actually makes DRBs so effective at dispute avoidance and resolution? This article analyzes: (i) the attributes that make DRBs an …
Table Of Contents & Masthead, Karina Grobman
Table Of Contents & Masthead, Karina Grobman
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Civility And Inter-Cultural Dialogue: Negotiating Respect In The Law School Classroom And Beyond, Chris Chambers Goodman
Civility And Inter-Cultural Dialogue: Negotiating Respect In The Law School Classroom And Beyond, Chris Chambers Goodman
Pepperdine Dispute Resolution Law Journal
Increasing polarization magnifies the importance of inter-cultural dialogue, which can be fruitful if the participants treat one another with civility. Civility manifests in various forms, and this Comment will focus on civility through the lens of Stephen L. Carter’s lauded book Civility: Manners, Morals, and the Etiquette of Democracy, applying lessons at the micro-level in the law school classroom. Part II explores various aspects of civility and the rules governing civility. Then, Part III focuses on civility in the legal profession and California’s new Continuing Learning Education (CLE) requirement. Next, Part IV briefly addresses views of civility from faith perspectives. …
Keynote Address: What Is An Enemy: Spirituality And The Attitude Of Forgiveness, Kenneth Cloke
Keynote Address: What Is An Enemy: Spirituality And The Attitude Of Forgiveness, Kenneth Cloke
Pepperdine Dispute Resolution Law Journal
Pepperdine Dispute Resolution Law Journal’s Symposium on Faith, Dialogue, and Meaning, held in November 2024. This Keynote Address explores the relationship between spirituality and conflict resolution, with a focus on forgiveness.
Collective Judo: Ethics And Access To Justice In Mass Arbitration Companies, Michael Doman
Collective Judo: Ethics And Access To Justice In Mass Arbitration Companies, Michael Doman
Pepperdine Dispute Resolution Law Journal
Over the past five years, several law firms have engaged in “mass arbitration.” This strategy involves aggregating hundreds or thousands of arbitrations and filing them all at once against a company, sometimes forcing the company to either pay huge sums to defend all the claims or settle with all the claimants. This Article discusses how mass arbitration coordinated by nonlawyers and companies should be legally protected by courts and regulators, provided that companies in this space erect specific ethical safeguards. Most notably, mass arbitration companies should implement better procedures to obtain informed consent from their customers, using technology to lower …
Not So "Fast And Furious": Why "Adjournment" Pending A Set-Aside Proceeding Could Further The New York Convention's Purposes, Martina Chun
Not So "Fast And Furious": Why "Adjournment" Pending A Set-Aside Proceeding Could Further The New York Convention's Purposes, Martina Chun
Pepperdine Dispute Resolution Law Journal
This Comment considers “adjournment” of enforcement proceedings under Article VI of the New York Convention, which allows a “pause” or a “stay” on enforcement pending a set-aside proceeding. Adjournment is an effective tool when a party initiates a proceeding to set aside, or annul, an award. While adjournment may mean that the enforcement of an award is not as “fast and furious” as some may prefer, it may be the unheralded solution—often overlooked and seldom discussed – that, despite its low profile, can significantly promote efficiency and prevent issues arising from multiple cross-border litigation proceedings.
Being There: Perils Of Disembodied Mediation, Rob Mcniff
Being There: Perils Of Disembodied Mediation, Rob Mcniff
Pepperdine Dispute Resolution Law Journal
Following the growth of online mediation during the COVID-19 pandemic, practitioners and ADR scholars sought to delineate the virtues and shortcomings of the online process. Many report satisfaction with online mediation. Still, critics find the process devoid of emotional experience or otherwise “dehumanizing.” As ADR practitioners contrast online and face-to-face experiences, and recommend a forum to disputing parties, they should acknowledge that online platforms can never replicate physical encounters between embodied persons. This Article draws on the work of 20th century philosophers, psychologists, and sociologists to explore mediation as corporeal encounter between embodied subjects. Online mediation, by constraining the involvement …
Corruption's Challenge To Arbitral Legitimacy, Margaret L. Moses
Corruption's Challenge To Arbitral Legitimacy, Margaret L. Moses
Pepperdine Dispute Resolution Law Journal
The widespread growth of corruption in international business transactions has created a crisis of legitimacy for international arbitration. Because international contracts regularly provide for resolution of disputes by arbitration, the deep-rooted presence of fraud, bribery, money laundering and other illicit activity raises challenges to arbitrators about their proper role in resolving disputes tainted by corruption. In cases of corruption, parties may refrain from presenting facts and evidence that reveal their deceptive practices. Arbitrators need to be more interventionist in these kinds of cases than they have been in traditional arbitration practice. Following the Introduction in Part I, Part II of …
Stranger Disputes: When Artificial Intelligence Turns Arbitration Upside Down, Imre Stephen Szalai
Stranger Disputes: When Artificial Intelligence Turns Arbitration Upside Down, Imre Stephen Szalai
Pepperdine Dispute Resolution Law Journal
Arbitration agreements are everywhere in the United States. These agreements already block access to courts in a troubling manner, and pursuant to these agreements, parties must resolve their disputes before a private, human arbitrator with broad, virtually unreviewable powers. However, with the growth of AI, companies could easily redraft their contracts to require arbitration before non-human bots or AI arbitrators instead of a human arbitrator. Based on the history, values, policy, and text of the Federal Arbitration Act (FAA), this Article concludes that the FAA would govern and support the use of an AI arbitrator. As a result, a pre-dispute …
Table Of Contents & Masthead, Karina Grobman
Table Of Contents & Masthead, Karina Grobman
Pepperdine Dispute Resolution Law Journal
No abstract provided.
The Mediation Dance Of Choreography Copyright, Kassandra Sopko
The Mediation Dance Of Choreography Copyright, Kassandra Sopko
Pepperdine Dispute Resolution Law Journal
Despite its societal presence and pervasive benefits for both performers and observers, dance remains a low-paying field with limited career longevity. While dance choreography copyright protection is an option for artists to monetize their work long-term, there are significant barriers due to legal complexities, financial burdens, and lack of awareness regarding copyright protections. The limitations of the copyright landscape burden choreographers who do seek to take advantage of their intellectual property rights, and many of the current suggested solutions for protecting choreography either prove inadequate or involve negative consequences. Alternative Dispute Resolution (ADR), particularly mediation with BATNA/WATNA incentives, presents a …
Blazing A Trail To Dispute Resolution: The Advantages Of Mediating Insurance And Mass Tort Claims Following Wildfires In California, Kate Hanes
Pepperdine Dispute Resolution Law Journal
Year after year, wildfires in California decimate property, the environment, and local communities, precipitating costly and protracted litigation. This Comment explores the advantages of mediating, rather than litigating, insurance and mass tort claims in the aftermath of these devastating natural disasters. In particular, this Comment contends that mediation benefits all parties—wildfire victims, their insurers, and alleged tortfeasors—by quickly and inexpensively resolving claims, preserving the common pool of funds to prevent insurer insolvency, and maintaining flexibility, predictability, and confidentiality. Drawing on examples of other successful disaster mediations, such as the Agent Orange case and those following Hurricanes Andrew and Katrina, this …
Heirs' Property Disputes: Evaluating Adr Forums To Change The Status Quo, Karina Grobman
Heirs' Property Disputes: Evaluating Adr Forums To Change The Status Quo, Karina Grobman
Pepperdine Dispute Resolution Law Journal
Heirs’ property—a form of communal ownership passed down through generations—is a symbol of family legacy in the South. Disputes between families and developers create a disparate loss of land among Black families in the South, often through court-ordered partition actions. Although some states adopted the Uniform Partition of Heirs Property Act (UPHPA) to reform partition sales, most courts still force sales of the entire property rather than more equitable divisions. This Comment explores various alternative dispute resolution (ADR) forums as a more just and efficient path to resolve heirs’ property disputes. Although the multi-party nature of heirs’ property disputes makes …
Don't Blame Me, Ticketmaster Made Me Crazy: A Discussion Of The Ticketmaster Eras Tour Fiasco, Madeline Enlow
Don't Blame Me, Ticketmaster Made Me Crazy: A Discussion Of The Ticketmaster Eras Tour Fiasco, Madeline Enlow
Pepperdine Dispute Resolution Law Journal
The Taylor Swift and the Ticketmaster fiasco raised massive arbitration issues and garnered vast public attention from concertgoers, fans, and other artists who may experience similar ticketing-sales disasters in the future. Ticketmaster’s current arbitration agreement with New Era ADR was the focal point of the “Eras” Tour legal dispute. This Comment delves into the components of the fiasco, breaking down the dispute between “Swifties” and the mega-company, discussing the involved parties and their pertinent interests, the existing rights each party can utilize to achieve those interests, power differences at play, and relevant barriers to a potential solution. In addition, this …
Applying Insights From The Enneagram Model Of Human Psychology To Enhance Neutrality And Success In Mediation, Inely Cassía Cesna
Applying Insights From The Enneagram Model Of Human Psychology To Enhance Neutrality And Success In Mediation, Inely Cassía Cesna
Pepperdine Dispute Resolution Law Journal
The ancient wisdom of the Enneagram illuminates the complexities of conflict, offering invaluable insights for mediators and individuals alike. Through various case studies and recommendations on practical applications, this Article illustrates how mediators can leverage Enneagram-based strategies to de-escalate conflict and facilitate constructive dialogues. By understanding the nine Enneagram Points, mediators can foster self-awareness, empathy, and communication among the disputing parties. Meanwhile, the Enneagram encourages mediators to self-reflect and address their own underlying emotions during the various mediation stages. Rather than a strict typological tool, the Enneagram’s inner lines, Wings, and Triadic Approaches allow mediators to easily recognize diverse responses …
The Policing/Mediation Nexus: An Autoethnographic Exploration Of The Journey From Police Officer To Certified Mediator, Wendell C. Wallace
The Policing/Mediation Nexus: An Autoethnographic Exploration Of The Journey From Police Officer To Certified Mediator, Wendell C. Wallace
Pepperdine Dispute Resolution Law Journal
By their very nature, policing and mediation are viewed as disparate professions. However, since the inception of policing, police officers have traditionally been involved in managing and handling conflict situations and thus, mediation type interventions have historically been an important component of police work. For the most part, police officers are untrained in mediation; however, many police officers are comfortable serving as go-between for neighbors, families, and communities in conflict using their intuition. As a result of acting as a ‘mediator’ for conflicting parties, without any formal mediation training, many former and current police officers eventually engage in mediation training …
Table Of Contents & Masthead, Reeve Lanigan
Table Of Contents & Masthead, Reeve Lanigan
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Rebuilding Trust In A Divided Community: An Integrated Approach, Shaphan Roberts
Rebuilding Trust In A Divided Community: An Integrated Approach, Shaphan Roberts
Pepperdine Dispute Resolution Law Journal
Metropolitan cities face a myriad of social challenges, including increased crime, homelessness, and declining business vitality. These issues are interrelated, demanding solutions that are multifaceted and systemic. Solutions backstopped by law enforcement are needed to foster an environment conducive to business growth, job creation, and reducing homelessness. However, a widespread lack of trust in local law enforcement complicates addressing these challenges, highlighting the importance of community engagement and cooperation for effective policing and crime prevention. A comprehensive approach is necessary to address these social challenges. Integrating the stakeholder and sectors models with insights from literature focusing on community policing, economic …