Dispute Resolution and Arbitration Commons^™

Consumer And Employment Arbitration Law In Comparative Perspective: The Importance Of The Civil Jury, Stephen J. Ware

University of Miami Law Review

No abstract provided.

Self-Determination In Dispute System Design And Employment Arbitration, Lisa B. Bingham

University of Miami Law Review

No abstract provided.

Ethics Issues In Arbitration And Related Dispute Resolution Processes: What's Happening And What's Not, Carrie Menkel-Meadow

University of Miami Law Review

No abstract provided.

The Unanswered Question From Green Tree Financial Corp. V. Randolph: How Much Is Too Much Before The Costs Of Arbitration Become A Barrier To Due Process?, Robert W. Abel

University of Miami Law Review

No abstract provided.

The Use Of Arbitration By Federal Agencies To Solve Environmental Disputes: All Wrapped Up In Red Tape, Sarah B. Belter

University of Miami Law Review

No abstract provided.

State Court Attempts To Limit The Applicability Of The Federal Arbitration Act In A Post Lopez World, Kristen Brown

University of Miami Law Review

No abstract provided.

How Important Is A Title? An Examination Of The Private Law Created By The Motion Picture Association Of America, Edward Robert Mccarthy

University of Miami Law Review

No abstract provided.

In Light Of Circuit City Stores, Inc. V. Adams, What Is The Fate Of Employment Law? Does An Analysis Of Consumer Law Shed Light On The Future Of Employer/Employee Relations?, Jaime Ellen Sopher

University of Miami Law Review

No abstract provided.

Online Arbitration Of Cross-Border, Business To Consumer Disputes, Karen Sewart, Joseph Matthews

University of Miami Law Review

No abstract provided.

Mwf, Local 1 V Halifax Shipyard, Innis Christie

Innis Christie Collection

This is a policy grievance. The Union claims that the Employer has breached the Agreement by failing to pay bridge tolls and mileage to employees working on the rig Eirik Raud on the Dartmouth side of Halifax Harbour. The Union's position is that the Employer is obligated to reimburse employees for bridge tolls and automobile usage when they are not working at the Halifax plant. The Employer claims that this obligation is limited to those employees on day to day assignment outside the vicinity of the Halifax plant. It further argues that, as most of the employees in question have …

The Contemplative Lawyer: On The Potential Contributions Of Mindfulness Meditation To Law Students, Lawyers, And Their Clients, Leonard L. Riskin

UF Law Faculty Publications

This Article proposes that introducing mindfulness meditation into the legal profession may improve practitioners' well-being and performance and weaken the dominance of adversarial mind-sets. By enabling some lawyers to make more room for - and act from - broader and deeper perspectives, mindfulness can help lawyers provide more appropriate service (especially through better listening and negotiation) and gain more personal satisfaction from their work.

Part I of this article describes a number of problems associated with law school and law practice. Part II sets forth a variety of ways in which lawyers, law schools, and professional organizations have tried to …

Legislating Apology: The Pros And Cons, Jonathan R. Cohen

UF Law Faculty Publications

Should apologies be admissible into evidence as proof of fault in civil cases? While this question is a simple one, its potential ramifications are great, and legislative and scholarly interest in the admissibility of apologies has exploded. Shortly after the idea of excluding apologies from admissibility into evidence was raised in academic circles three years ago, it rapidly spread to the policy arena. For example, California and Florida enacted laws in 2000 and 2001 respectively excluding from admissibility apologetic expressions of sympathy ("I'm sorry that you are hurt") but not fault-admitting apologies ("I'm sorrythat I injured you") after accidents. Eight …

Appellate Mediation In New Mexico: An Evaluation, Roger A. Hanson, Richard Becker

The Journal of Appellate Practice and Process

No abstract provided.

On The Importance Of Institutions: Review Of Arbitral Awards For Legal Errors, Peter B. Rutledge

Scholarly Works

In my view, legislatures, rather than courts or parties, should decide whether (and to what extent) courts should review arbitral awards for errors of law. The optimal legislative mechanism should not be compulsory but should offer parties the choice whether to "opt-in" to this regime of expanded review by inserting language to that effect in their arbitration agreement. A legislative solution with an "opt-in" feature has a sounder doctrinal foundation, better respects the distribution of power between various branches of government, involves a lower risk of error and minimizes transaction costs. From this position, two additional conclusions follow: first, courts …

Re Ben's Ltd And Bct, Local 445, Innis Christie

Innis Christie Collection

The Grievor, as the Union's Shop Steward, is acting for employees in the Employer's thrift stores. The grievance was initiated when the hours of a part-time employee were reduced. The Union asserted that the Employer was manipulating hours to avoid making employees full-time. The Employer maintained that there is nothing in the Collective Agreement which requires the creation of full time jobs where it could, or otherwise prevent the assignment of work to minimize the number of full-time positions.

The grievance fails. Part-time employees were excluded from the Collective Agreement.

Re Air Nova Inc And Caw-Canada, Local 4236 (Hatt), Innis Christie

Innis Christie Collection

Union grievance on behalf of the Grievor alleging termination contrary to the provisions of the Collective Agreement between the parties, effective January 18, 1999 to January 17, 2002, in that the Grievor's probationary period under Article 8 had expired when he was terminated without just cause, contrary to Article 21. The Grievance also alleges that no information was supplied to the Grievor as to his performance progression throughout the probation­ary period.

Re Aliant Telecom Inc And Ac & Twu, Innis Christie

Innis Christie Collection

Policy Grievance 01-05 dated November 8, 2001 concerning the Contracting Out of Internet Member Services — Internet Dial Help Desk, which the Union alleges is contrary to Letter of Intent, Appendix E to the Common Part of the Collective Agreement between the Employer and the Union effective January 1, 1999 January 1, 2002, which the parties agree is the Collective Agreement applicable here. At the outset of the hearing, the parties agreed that I am properly seized of this matter and have jurisdiction to grant interim relief.

Re Nova Scotia Liquor Corp And Nsgeu, Local 470, Innis Christie

Innis Christie Collection

This is a consent award. The parties are agreed that the Employer breached the Agreement by not posting full-time jobs in the warehouse.

The Employer agrees to post seven (7) full-time warehouseman positions, and two (2) conditional warehouseman positions on or before December 14, 2001. The Union waives any right to claim entitlement to further warehouseman postings over the review periods spanning 1998 through 2001. The parties agree to make their best efforts to resolve issues in upcoming bargaining negotiations. Failing agreement on the meaning of the term "non-overlapping hours", either party may grieve its interpretation.

Re Canada Post Corp And Cupw (105-00-00010), Innis Christie

Innis Christie Collection

The Union claims that the Employer has breached the Agreement by creating another part-time walk (walk 51) when it would have been practicable, as required by the Agreement, to combine part-time walks to create a full-time walk. The Union seeks an order that the Employer combine walk 51 with other part-time walks in order to create a full-time walk, and compensate any employees who have lost rights, earning and benefits from its failure to do so heretofore.

Re Canada Post Corp And Cupw (105-00-00003), Innis Christie

Innis Christie Collection

The Union alleges that the Employer violated the Agreement by failing to provide the Union with the results of the five day count taken September 22-29, 1999. The Union 's original request on remedy was an order that the results be provided. However, since the hearing took place more than two years after the count, the Union now asks that the Employer be ordered to conduct another five day count within one month of the award. The Union asks that the Arbitrator remain seized of the matter should the parties be unable to agree on monetary remedy.

Making It Up As They Go Along: The Role Of Law In Securities Arbitration, Barbara Black, Jill I. Gross

Cardozo Law Review

No abstract provided.

"Show Me The Money": In Lucrative Sports Contracts, An Adr Clause Makes All The Difference, Peter A. Carfagna

Articles

No abstract provided.

Book Review: A Guide To Arbitration Practice In Australia, Nadja Alexander

Research Collection Yong Pung How School Of Law

No abstract provided.

Re Canada Post Corp And Cupw (N00-00-00008), Innis Christie

Innis Christie Collection

The parties have requested a declaratory judgement interpreting Article 20.10 of the Agreement, respecting deduction of sick leave credit. The Union takes the position that the Article applies to employees classified as full-time but only working part of the day due to participation in a work-hardening program or because of a disability being accommodated by the Employer. The Employer's position is that the provision is only intended to apply to absences for part of a full- time shift because of unexpected onset of illness during the shift.

Re Health Care Corp Of St. John's And Nape, Innis Christie, G Butler, D Hurley

Innis Christie Collection

Union policy grievance dated August 13, 1999, alleging breach of Articles 2, 3.08 and 22 of the Collective Agreement between the Employer and the Union signed June 2, 1998, with expiry date March 31, 2000, in that in a Memorandum to "All Employees" dated August 11, 1999 the Employer announced the introduction of a new Functional Assessment Form to be used by all employees seeking permission to be absent on sick leave in accordance with Article 22. Since February 1, 2000 the Functional Assessment Form, referred to by the parties as the "FAF", has in fact been required in a …

Dispute Resolution In A World Of Uncertainty: A Symposium Introduction, Robert M. Ackerman

Law Faculty Research Publications

No abstract provided.

Disputing Together: Conflict Resolution And The Search For Community, Robert M. Ackerman

Law Faculty Research Publications

No abstract provided.

Current Issues In International Arbitration, Michael P. Malloy

McGeorge School of Law Scholarly Articles

No abstract provided.

Contextualizing Adr In Managed Care: A Proposal Aimed At Easing Tensions And Resolving Conflict, Kathy L. Cerminara

Loyola University Chicago Law Journal

No abstract provided.

Mediation And Medicare Part A Provider Appeals: A Useful Alternative, Kathleen Scully-Hayes

Journal of Health Care Law and Policy

No abstract provided.