Dispute Resolution and Arbitration Commons^™

Agenda: Strategies In Western Water Law And Policy: Courts, Coercion And Collaboration, University Of Colorado Boulder. Natural Resources Law Center, University Of Colorado Boulder. Center Of The American West

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

1 v. (various pagings) : ill., maps, charts ; 29 cm

Conference organizers, session moderators and/or speakers included University of Colorado School of Law professors Gary C. Bryner, James N. Corbridge, Jr., David H. Getches, Douglas S. Kenney, Lawrence J. MacDonnell, Kathryn M. Mutz and Charles F. Wilkinson

Includes bibliographical references

The event will examine the principal problem-solving strategies in western water law and policy: courts, coercion and collaboration. In addressing this broad range of strategies, the program will focus on national, west-wide and Colorado-specific issues.

Conference activities will commence with a free public program cosponsored by the Center of …

The Platte River Cooperative Agreement: A Historical Perspective, Ann Salomon Bleed

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

No abstract provided.

Arbitration Agreements: When Do Employees Waive Their Wrights?, Michelle R. Mitchell

Brigham Young University Journal of Public Law

No abstract provided.

Advising Clients To Apologize, Jonathan R. Cohen

UF Law Faculty Publications

The article argues that lawyers should consider the possibility of advising clients to apologize for harms they commit, as in some cases apology may best serve their client's interests. The articles discusses some of the pros and cons to apology in the legal setting, as well as barriers that may inhibit apologies.

Re Queen's Regional Authority And Iuoe, Loc 942 (Snow), Innis Christie

Innis Christie Collection

Union grievance dated December 22, 1998, alleging breach of Articles 3, 5, 8, 19, 49.1 and 53.1 of the Collective Agreement between the parties effective April 1, 1996 to March 31, 1999, and in particular of Articles 5.3, 19.3 and 19.8. in that the Employer assigned an employee in the bargaining unit for which the Union of Public Sector Employees is bargaining agent to a position in the bargaining unit for which the Grievor Union is bargaining agent, allegedly wrongly imposing on that Union a duty to accommodate under the P.E.I. Human Rights Act, R.S.P.E.I. 1988, c. H-12. The Grievor …

In Brief, Spring/Summer 1999, New York Law School

New York Law School In Brief

No abstract provided.

Arbitration, Labor Contracts, And The Ada: The Benefits Of Pre-Dispute Arbitration Agreements And An Update On The Conflict Between The Duty To Accommodate And Seniority Rights, Jan William Sturner

University of Arkansas at Little Rock Law Review

No abstract provided.

Letters To The Editor, Lela P. Love

Articles

In Slip-Sliding Into Mediation: Can Lawyers Mediate Their Clients' Problems? [5 CLIN. L. REV. 47 (1998)], Jonathan Hyman argues that lawyers can mediate their clients' problems or transform themselves from a client's legal counselor and advocate to a neutral mediator. Professor Hyman points out that such a transformation can occur if (1) both clients give their informed consent; and (2) the lawyerturned-mediator does not offer evaluations of the case or subsequently represent either party. While Professor Hyman himself is quick to point out the many problems with this thesis, he nonetheless propounds it. I would argue that a partisan lawyer, …

Cpaa V Canada Post Corp, Innis Christie

Innis Christie Collection

Employee grievances alleging breach of the Collective Agreement between the parties in respect of the Revenue Postal Operations Group (All Employees) bearing the expiry date 30 June, 1998, which the parties agreed applies here, and in particular of Article 11, in that the Third Party, Louise Harris was promoted to the position of Postmaster in Kingston, N. S., although allegedly, by retroactive effect, at the relevant time she was not eligible to apply for the position. The Union takes no position on the Grievance. Each of the Grievors seeks promotion to the position of Postmaster in Kingston, N. S., with …

A Potpourri Of Recent Federal Arbitration Cases Involving Domestic And International Arbitration, Daniel E. Murray

Brigham Young University Journal of Public Law

No abstract provided.

Rustic Justice: Community And Coercion Under The Federal Arbitration Act, Katherine V.W. Stone

Cornell Law Faculty Publications

Arbitration clauses are appearing in a wide variety of consumer transactions, including routine product purchase forms, residential leases, housing association charters, medical consent forms, banking and credit card applications, and employment handbooks. In the past fifteen years, the Supreme Court has reinterpreted the Federal Arbitration Act (FAA) so as to grant tremendous deference to private arbitral tribunals. By doing so, it has altered the landscape of civil litigation, taking many consumer claims out of the legal system and relegating them to private tribunals. In this Article, Professor Stone assesses the recent trend toward the privatization of civil justice in light …

Arbitration Fails To Reduce Foreign Investors' Risk In China, Charles Kenworthey Harer

Washington International Law Journal

Arbitration is often perceived as a fair and efficient method of reducing risk associated with business transactions and investments. In China, Arbitration is constrained by statute and local protectionism such that arbitration can fail to live up to the expectations of foreign investors. Arbitration in China divides all disputes into domestic or foreign-related disputes, with different procedures for each, and different standards for enforcement and judicial review of those awards. Local protectionism presents a substantial risk to foreign parties involved in arbitration. A general lack of expertise in foreign-related disputes law, and difficulty in enforcing arbitration awards in favor of …

Re Canada Post Corp And Cupw, Innis Christie

Innis Christie Collection

Union national policy grievance dated November 25, 1998, alleging breach of the Collective Agreement between the parties bearing the date January 31, 1995, and in particular of Article 12, in that in announcing the creation of its "Simplified Registered Mail Service" project, the Employer indicated that new positions created under this project would not be preferred assignments although, the Union alleges, the work in question corresponds with the duties of a preferred assignment within the meaning of Article 12. The Union requests a declaratory decision that the work in question be performed in registration sections by PO4's in preferred assignments, …

Dispute Resolution In China After Deng Xiaoping: "Mao And Mediation" Revisited, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

This Article presents portions of a book tentatively entitled "Bird in a Cage: Legal Reform in China After Mao." The book explores the Western vantage point from which I have viewed institutions for dispute resolution, the imprint on them of the traditional and more recent Maoist past, the disorderly context of rapid economic and social change in which they must operate today, and the larger law reforms of which they are part. Against that background it examines the operation of extrajudicial mediation and the courts. The scope of this Article is more limited.

I have not speculated here about appropriate …

Book Review: Thinking About Conflict Resolution ‘Beyond The Square Box’, Nadja Alexander

Research Collection Yong Pung How School Of Law

In his monograph, Conflict Resolved? A Critical Assessment of Conflict Resolution, Alan Tidwell provides the reader with an insight into the breadth and depth of the literature in the multi-disciplinary field of conflict resolution. The author draws on literature from a wide range of social sciences and, in doing so, displays a command of the diverse theoretical bases of conflict resolution seldom found in earlier works.

Getting Along: The Evolution Of Dispute Resolution Regimes In International Trade Organizations, Andrea Kupfer Schneider

Michigan Journal of International Law

In the face of the remarkable growth of international organizations in the last fifty years, scholars in multiple disciplines have sought to explain why and how states cooperate. Dispute resolution is one of the most crucial components of international cooperation. Examining the dispute resolution regimes of international organizations in light of these theories can inform and help reform these evolving regimes.

We'll Do It For You Any Time: Recognition And Enforcement Of Foreign Arbitral Awards And Contracts In The United States, Pedro Menocal

St. Thomas Law Review

The basic mechanisms for the recognition and enforcement of foreign arbitration agreements and awards in the United States are found in the Federal Arbitration Act ("FAA"). The fundamental purpose of the FAA is to "ensure that private agreements to arbitrate are enforced according to their terms." The FAA applies to any maritime transaction or any transaction involving commerce "among the several States or with foreign nations.. ." to the full extent of federal commerce clause, whether enforcement is sought in federal or state court The FAA does not apply to "contracts of employment of seamen, railroad employees, or any other …

Court-Ordered Arbitration In North Carolina: Selected Issues Of Practice And Procedure, Thomas R. Fowler

Campbell Law Review

No abstract provided.

Which Cases Go To Trial?: An Empirical Study Of Predictors Of Failure To Settle, Leandra Lederman

Articles by Maurer Faculty

No abstract provided.

Title Page

Journal of Dispute Resolution

No abstract provided.

Table Of Contents - Issue 2

Journal of Dispute Resolution

No abstract provided.

Evaluating Bankruptcy Mediation, William J. Woodward Jr.

Journal of Dispute Resolution

This Article aims to do several things. First, it will briefly describe a court sponsored mediation program developed several years ago by the court and bankruptcy bar in the Eastern District of Pennsylvania. The program depended on trained mediators who did their work on court-selected bankruptcy matters on a pro bono basis. Partly because of its "cost-free" nature, the program created a need for periodic evaluation to ensure the court and bar that it was delivering positive results without inflicting undesirable hidden costs on the participants or the local bankruptcy system as a whole.6

Labor Law - The Substance Of Procedure: Defining Judicial Authority And The Role Of The Arbitrator In Independent Association Of Continental Pilots V. Continental Airlines, Wendy A. Tyson

Villanova Law Review (1956 - )

No abstract provided.

Lawyers' Representation Of Clients In Mediation: Using Economics And Psychology To Structure Advocacy In A Non-Adversarial Setting, Jean R. Sternlight

Scholarly Works

Many believe that lawyers' adversarial methods and mindsets are inherently inconsistent with mediation. Lawyers' emphasis on advocacy and winning is seen as ill-suited to mediation's nonadversarial, problem-solving approach to dispute resolution. Yet, as mediation grows increasingly common, lawyers are frequently accompanying their clients to mediation and often play a critical and direct part in the process. Particularly where disputes are complex or involve relatively large sums of money, it is likely that one or both disputants will be represented by an attorney at the mediation. This Article argues that attorneys need not and ought not to abandon their advocacy or …

Arbitration And The Civil Rights Act Of 1991, 67 U. Cin. L. Rev. 445 (1999), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.

Commercial Arbitration In The U.S.: The Arbitrability Of Disputes Arising From Statute-Based Claims, Sylvie Frankignoul

LLM Theses and Essays

A leading contemporary expert in arbitration has explained: "The concept of arbitrability determines the point at which the experience of contractual freedom ends and the public mission of adjudication begins. In effect, it establishes a dividing line between the transactional pursuit of private rights and courts' role as custodians and interpreters of the public interest." 1 A major part of the arbitrability doctrine deals with the kind of claims that can fall within the scope of agreements for private dispute resolution. Arbitration clauses are an integral part of the parties' transactions. Nevertheless, the American judiciary historically has refused to enforce …

Arbitral Situs: Considerations And Consequences, Rajdeep Singh

LLM Theses and Essays

It is the law of the forum that is applicable to matters like arbitrability of the dispute, the validity of the arbitration agreement, the jurisdiction of the arbitrators, their appointment, removal and replacement and the challenge to their authority. Apart from these matters the law of the arbitral situs also governs the conflict of laws rules applicable to the dispute. Though the principle of party autonomy allows the parties to agree to a procedural law other than that of the arbitral situs, they still have to comply with the mandatory provisions of the law of the venue. In case they …

Dispute Settlement Procedures And Mechanisms, Petros C. Mavroidis

Faculty Scholarship

The role that the World Trade Organization (WTO) plays in the settlement of United States-Japan trade disputes is, but should not be, U.S. and Japan-specific. The WTO is a multilateral forum and this aspect of its character must be maintained for the WTO to acquire credibility in the settlement of trade disputes. Trade disputes, if at all, should be exceptional not because of the parties involved, but because of their subject matter. Nothing indicates that the U.S.-Japan trade disputes are subject matter-specific. In fact, the opposite is true: there is ample evidence demonstrating that disputes over the same issues among …

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 2 (1999-2000)

Cardozo Journal of Conflict Resolution

No abstract provided.

Intellectual Property As An Investment: A Look At How Adr Relates To The European Union’S Proposal For Electronic Commerce In The Single Market, Melissa Devack

Cardozo Journal of Conflict Resolution

This Note addresses the importance of designing effective ADR provisions to the EU’s Directive on Electronic Commerce in the Single Market. The advantages arbitration offers will be demonstrated through its current use in settling copyright disputes that arise from online activity. Part I will define e-commerce and will outline the forum for its online transactions, the Internet. In addition, it will discuss the difficulty of regulating activity in virtual space and the types of issues left for the legal field to resolve. Part II will set out the framework of the EU and its vision for economic and monetary union. …