Dispute Resolution and Arbitration Commons^™

A Question Of Neutrality: Divorce Mediation Literature, The Role Of The Mediator, And Perspectives On Bias, Cory Michael Mathews

Dissertations and Theses

Research on mediation processes have addressed the role of the mediator, but often obliquely. In divorce mediation, the literature has sketched various approaches to the role, which diverge from each other in some significant ways. What is lacking is an integrated picture as to how these approaches to the field differ on key questions in the practice of divorce mediation.

This thesis is a preliminary attempt at such an integrated sketch, focusing on the question of whether or not the mediator is truly neutral in the process. Two major schools of thought of emerge from the literature, here referred to …

Re District Health Authority #8 And Nsnu, Innis Christie

Innis Christie Collection

Union grievance dated June 27, 2000, alleging breach of Article 9.02(d) of the Collective Agreement between the Employer and the Union effective November 1, 1997 - October 31, 2000, in that after employees go on extended sick leave the Employer continues to reduce the sick leave credits in their sick leave banks by 100 per cent instead of 75 per cent for each hour they would otherwise have worked. The Union requested an order that sick leave credits reduced contrary to the Collective Agreement be restored to each employee's sick leave bank.

The End Of The Affair? Anti-Dueling Laws And Social Norms In Antebellum America, C.A. Harwell Wells

Vanderbilt Law Review

Jonathan Cilley and William Graves fought their duel in the early afternoon of February 23, 1838. The two faced off near the Anacostia River bridge leading out of Washington, D.C., having agreed in advance to duel with rifles at a distance of eighty paces. Shortly before three o'clock, they stood opposite one another, and at the signal, they exchanged shots, Cilley firing first. Both men missed. The men who accompanied them to the duel-their seconds-tried to work out the disagreement that led the men to the dueling-ground, but to no avail. For a second time, both stood and exchanged fire; …

The Best Laid Plans: How Unrestrained Arbitration Decisions Have Corrupted The Uniform Domain Name Dispute Resolution Policy, Ian L. Stewart

Federal Communications Law Journal

In the rapidly changing Internet age, a sound dispute resolution policy is needed to address conflict where traditional rights intersect emerging technologies. This Note examines how unfettered arbitration decisions, even those made with the best of intentions, can corrupt a good dispute resolution policy, as is the case with the Uniform Domain Name Dispute Resolution Policy. The Note provides background information on ICANN, domain disputes regarding cybersquatting and reverse domain hijacking, and the Policy. It then explains how ICANN’s dispute resolution providers’ expansive decisions have weakened the Policy by removing the internal limitations that made it strong and effective. Finally, …

Re Nav Canada And Catca (Barnes), Innis Christie

Innis Christie Collection

Union grievance on behalf of the Grievor alleging breach of the Collective Agreement between NAV Canada and the Canadian Air Traffic Control Association, signed September, 1999, effective to March 31, 2001, which the parties agreed is the Collective Agreement that governs this matter, and in particular of Article 13, in that the Employer suspended the Grievor for one day without just cause.

When People Are The Means: Negotiating With Respect, Jonathan R. Cohen

UF Law Faculty Publications

Most scholarship on negotiation ethics has focused on the topics of deception and disclosure. In this Article, I argue for considering a related, but distinct, ethical domain within negotiation ethics. That domain is the ethics of orientation. In contrast to most forms of human interaction, a clear purpose of negotiation is to get the other party to take an action on one's behalf, or at least to explore that possibility. This gives rise to a core ethical tension in negotiation that I call the object-subject tension: how does one reconcile the fact that the other party is a potential means …

From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this article I will outline the development of modern mediation in Sri Lanka. I use the term mediation to mean facilitative mediation. Accordingly, for the purposes of this article, mediation does not include processes such as conciliation or evaluative mediation, which are used in Sri Lanka, for example in industrial dispute resolution practice.

From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander

Research Collection Yong Pung How School Of Law

In this article I will outline the development of modern mediation in Sri Lanka. I use the term mediation to mean facilitative mediation. Accordingly, for the purposes of this article, mediation does not include processes such as conciliation or evaluative mediation, which are used in Sri Lanka, for example in industrial dispute resolution practice.

Re Izaak Walton Killam Grace Health Centre For Children, Women And Families And Nsnu, Innis Christie

Innis Christie Collection

Union grievance dated November 19, 1999, alleging breach of Articles 3, 4 and 8 of the Collective Agreement between the Employer and the Union effective November 1, 1997-October 31, 2000, in that the Employer failed to adjust the wages of Clinical Leaders at the site of the former IWK Hospital to the level of those of Clinical Resource Nurses at the site of the former Grace Maternity Hospital. The Union requested an order that the Clinical Leaders at the IWK site be paid retroactively from November 1, 1997 to August 31, 1998 at the level of the rates paid during …

Re Canada Post Corp And Cupw (078-00-00032), Innis Christie

Innis Christie Collection

This is a policy grievance to determine whether the Employer may use temporary employees to cover extra absences on annual vacation that result from senior employees taking more than four consecutive weeks of vacation. The parties are agreed on the facts, and there is no extrinsic evidence to consider; the Arbitrator is asked to interpret the words of the Agreement and give effect to the intention of the parties.

The grievance fails. The Employer's interpretation is not inconsistent with other articles of the Agreement.

Re Canada Post Corp And Cupw (078-00-00025), Innis Christie

Innis Christie Collection

The Grievor requested six days of leave to take care of her mother following surgery. Her supervisor assured her that there would be no difficulty obtaining those days, and encouraged her to apply for them after taking the time off, in case she should need to apply for more than the expected 6 days. When she returned to work and made the application, 5 of the days she requested were denied, on the grounds that the one day she was awarded and the two days of the weekend should have given her adequate time to find alternate care for her …

Re Canada Post Corp And Cupw (105-95-00438), Innis Christie

Innis Christie Collection

The Union claims that in measuring routes in which the carrier stops the truck and walks in a loop up one side of the street and down the other, the Employer has missed distances on 56 or 57 routes. The Employer's position is that while the system in place does appear to under compensate in the case of loops, the values used in measuring routes are agreed values, and must be accepted.

The grievance fails. The Employer is measuring routes in the manner agreed upon, using accepted values. Whether those values may be appropriate is not a matter for the …

Re Canada Post Corp And Cupw (105-95-00435), Innis Christie

Innis Christie Collection

The Union alleges that the Employer has breached the Agreement by failing to assign sortation values for sorting the "buddy's" parcels for all MMC routes in the city of Saint John. The Employer acknowledged that wrong values had been entered, as a result of clerical error, and undertook to make necessary corrections. It also stated that, as agreed upon with the Union, it had made time corrections to some routes to provide for equalization, though this had not been carried out for all routes.

The grievance succeeds in part. The Employer is directed to comply with its understanding with the …

Re Canada Post Corp And Cupw (105-95-00432), Innis Christie

Innis Christie Collection

The Union alleges a breach in the system the Employer has used to deal with bundles of "missorts" and specifically, in that the Employer provided inaccurate 050 forms for letter carrier and motorized mail carrier routes in Saint John. The Employer states that the passage used by the Union to support its allegation applies only to redirected mail, not to missorts.

The grievance fails. The Arbitrator is satisfied that the missorts were not incorrectly dealt with. The provision upon which the Union's argument depends does not apply to Saint John's unit.

International Judicial Practice And The Written Form Requirement For International Arbitration Agreements, Jing Wang

Washington International Law Journal

The requirement that international commercial arbitration agreements must be made in writing is well accepted in most countries and has become a uniform practice in international commercial arbitration law. This is due in large part to the widespread acceptance of the Convention on Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"). Article II (1) provides that "each Contracting State shall recognize an agreement in writing." The term "agreement in writing" is defined in Article 11 (2) of the Convention as "an arbitral clause in a contract or an arbitration agreement, signed by the parties or contained in an …

The Consensus Building Handbook : A Comprehensive Guide To Reaching Agreement Edited By Lawrence Susskind, Sarah Mckearnan And Jennifer Thomas-Larmer, The Consensus Building Institute, Sage, 1999, Pp 1147, Price: $129.95., Ganesh T Jejurikar

IIMB Management Review

Consensus means 'agreement among all participating stakeholders'. This sounds well nigh impossible. How canall the stakeholders, with their differing interests and beliefs about an issue, a dispute, or a problem, ever come togetherand sit down to resolve the issue amicably, with everyone feeling happy about the outcome?!

When Do Rights Arise Under The Contracts (Rights Of Third Parties) Act 1999 (Uk)?, Tiong Min Yeo

Research Collection Yong Pung How School Of Law

There are two aspects to the common law doctrine of privity of contract. The first, that a contract cannot impose liabilities on a third party, is not very controversial. The second, that in general a contract can only confer rights on parties to the contract even if it is clearly the intention of the contracting parties to benefit a third party, is highly controversial, and has been the subject of much judicial criticism.

The Thinning Vision Of Self-Determination In Court-Connected Mediation: The Inevitable Price Of Institutionalization?, Nancy A. Welsh

Faculty Scholarship

Ethical codes for mediators describe party self-determination as “the fundamental principle of mediation,” regardless of the context within which the mediation is occurring. The definition of self-determination, however, is a matter of dispute. Based on a review of the debate surrounding the promulgation and revision of ethical codes for court-connected mediators in Florida and Minnesota, this Article demonstrates that a vision of self-determination anchored in party-centered empowerment is yielding to a vision that is more reflective of the norms and traditional practices of lawyers and judges, as well as the courts’ strong orientation to efficiency and closure of cases through …

Reply To Brief In Opposition, Chris V. Tenet, No. 00-829 (U.S. Feb. 12, 2001), David C. Vladeck

U.S. Supreme Court Briefs

No abstract provided.

Privatizing Justice But By How Much? Questions Gilmer Did Not Answer, Martin H. Malin

All Faculty Scholarship

No abstract provided.

Babin V Day & Ross Inc, Innis Christie

Innis Christie Collection

At the hearing before me the Complainant, Mark J. Babin, alleged that he was dismissed unjustly, contrary to sections 240-2 of the Canada Labour Code, by the Employer, Day and Ross Inc. with whom he had been employed since October 13, 1993. From that date to his termination on February 8, 2000, the Complainant was a driver for the Employer, a trucking company, working out of its Dartmouth depot. Counsel for the Employer took the position that the Complainant had "abandonned" his employment and that I am therefore without jurisdiction to deal with this matter. Alternatively, the Employer took …

El Impacto Del Arbitraje En Los Patrones Huelgarios De Puerto Rico, 1956-1995, César F. Rosado Marzán

All Faculty Scholarship

No abstract provided.

A Preacher's Teacher: Lessons On Ministry From One Who Proclaims The Word, Craig Mousin

Mission and Ministry Publications

No abstract provided.

Do You Want To Step Outside? An Overview Of Online Alternative Dispute Resolution, 19 J. Marshall J. Computer & Info. L. 457 (2001), William Krause

UIC John Marshall Journal of Information Technology & Privacy Law

The first section of the article discusses the different sites of online Alternative Means of Dispute Resolution (ADR). The author discusses Virtual Magistrate, settlement sites (focusing on ClickNSettle), SquareTrade, iLevel, Internet Neutral, and the Uniform Domain Name Resolution Process of the Internet Corporation for Assigned Names and Numbers. The second section of the article addresses the usefulness and policy issues surrounding online ADR. Among the issues discussed in this section are the effect on consumer confidence, jurisdiction and enforcement, fees, and limited hearings and discovery.

Icann't Use My Domain Name? The Real World Application Of Icann's Uniform Domain-Name Dispute Resolution Policy, 34 J. Marshall L. Rev. 1027 (2001), Karl Maersch

UIC Law Review

No abstract provided.

Adr And The Professional Responsibility Of Lawyers, Jacqueline M. Nolan-Haley, Robert F. Cochran Jr., Stephen K. Huber, Kimberlee K. Kovach

Fordham Urban Law Journal

Should the meaning of "ethical" lawyering change in the ADR context? This article contains several essays arguing that change is needed, that current ethics rules and codes must be adjusted, and new rules must be drafted that respond to the subtleties and complexities of the issues raised in ADR legal practice. Professor Carrie Menkel-Meadow provides an overview of the major ethical issues facing lawyers in ADR practice and reviews the current ethics rules landscape in ADR. Professor Robert Cochran offers a proposal to amend the current professional responsibility rules to include a mandate for advising clients of ADR options. Professor …

Reinventing The Deal: A Sequential Approach To Analyzing Claims For Enforcement Of Modified Sales Contracts, Irma S. Russell

Faculty Works

This article explores the legal and economic complexities surrounding the enforcement of modified sales contracts under Section 2-209 of the Uniform Commercial Code (UCC). While contract modification allows parties to adapt agreements to changing circumstances, courts have struggled with the absence of a consistent standard for determining when such modifications should be enforced. The discussion critiques the ambiguity of the UCC’s “good faith” requirement and the unpredictability it creates in judicial decision-making. To address these issues, the article proposes a “sequential approach” that examines each stage of the modification process, requiring the initiating party to demonstrate reasonable grounds for seeking …

The Ada Mediation Guidelines: A Community Collaboration Moves The Field Forward, Judith Cohen

Cardozo Journal of Conflict Resolution

The purpose of this article is to describe the various issues – such as accessible process and informed consent – faced by a group of twelve mediators and how they resolved these issues. This group, known as the ADA Mediation Guidelines Work Group (“WG”), evolved from informal discussions regarding the lack of standards in ADA mediations and the need to address the quality of the process. The WG raised the following questions, among others, in its internal discussions: What constitutes effective ADA mediator training? Are ADA disputes issues of private concern between the parties, public policy concerns, or both? How …

Using Alternative Dispute Resolution In Intellectual Property Cases

Cardozo Journal of Conflict Resolution

No abstract provided.

Mandatory Fee Arbitration Under New York’S Matrimonial Rules, Lester Brickman

Cardozo Journal of Conflict Resolution

In recent decades, public dissatisfaction with lawyers has mounted ceaselessly. A significant portion of that dissatisfaction is attributable to concerns about lawyers’ integrity and fees. Indeed, “[n]o single issue between lawyer and client arises more frequently or generates more public resentment than fee problems.” Despite the near ubiquity of fee disputes, client complaints to disciplinary agencies about excessive fees are almost always rejected because most disciplinary boards do not accept jurisdiction over claims of excessive fees.