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Dispute Resolution and Arbitration Commons™

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2013

Discipline
Institution
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Publication
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Articles 181 - 210 of 268

Full-Text Articles in Dispute Resolution and Arbitration

The Role Of The Ombuds In A Knowledge-Intensive Corporation: A Partner For Conflict Prevention And Mitigation, David P. Clark Jan 2013

The Role Of The Ombuds In A Knowledge-Intensive Corporation: A Partner For Conflict Prevention And Mitigation, David P. Clark

Working Papers

No abstract provided.


Community Mediation Of Parenting Disputes Between Estranged Parents, Madhawa Palihapitiya, Kaila Obstfeld Eisenkraft Jan 2013

Community Mediation Of Parenting Disputes Between Estranged Parents, Madhawa Palihapitiya, Kaila Obstfeld Eisenkraft

Massachusetts Office of Public Collaboration Publications

Community mediation, characterized by free or low cost mediation services delivered primarily by volunteer mediators, aims to provide effective dispute resolution services to a broad spectrum of the population, particularly to underserved and low-income populations. The present study seeks to determine whether community mediation fulfills this goal with respect to divorce/separation-related parenting disputes while concomitantly testing the legitimacy of concerns about the quality of mediation services offered according to a community mediation model. Thus, the effectiveness of community mediation in resolving these disputes is measured through indicators reported by mediation participants, such as the population served, mediation results and party …


Foreward Jan 2013

Foreward

Arbitration Law Review (2009 - Present)

No abstract provided.


Judicial Review Of Mediated Settlement Agreements: Improving Mediation With Consent, Jacqueline M. Nolan-Haley Jan 2013

Judicial Review Of Mediated Settlement Agreements: Improving Mediation With Consent, Jacqueline M. Nolan-Haley

Arbitration Law Review (2009 - Present)

No abstract provided.


Concluding Remarks, Thomas Carbonneau Jan 2013

Concluding Remarks, Thomas Carbonneau

Arbitration Law Review (2009 - Present)

No abstract provided.


Alternative Dispute Resolution And Social Media: How Mandatory Arbitration Clauses Impact Social Networking, Kelsey L. Swaim Jan 2013

Alternative Dispute Resolution And Social Media: How Mandatory Arbitration Clauses Impact Social Networking, Kelsey L. Swaim

Arbitration Law Review (2009 - Present)

No abstract provided.


Defusing Hydroelectric Brinkmanship: The Indus Waters Treaty's Alternative Dispute Resolution Provisions And Their Role In The Tenuous Peace Between India And Pakistan, Thomas E. Robins Jan 2013

Defusing Hydroelectric Brinkmanship: The Indus Waters Treaty's Alternative Dispute Resolution Provisions And Their Role In The Tenuous Peace Between India And Pakistan, Thomas E. Robins

Arbitration Law Review (2009 - Present)

No abstract provided.


Consumer Financial Services Arbitration: What Does The Future Hold After Concepcion?, Alan S. Kaplinsky, Mark J. Levin Jan 2013

Consumer Financial Services Arbitration: What Does The Future Hold After Concepcion?, Alan S. Kaplinsky, Mark J. Levin

Journal of Business & Technology Law

No abstract provided.


The Politics Of International Investment Arbitrators, Catherine A. Rogers Jan 2013

The Politics Of International Investment Arbitrators, Catherine A. Rogers

Faculty Scholarship

Arbitrators are the lightning rod for investment arbitration’s most contentious political debates. Investment arbitration was originally conceived as a means to depoliticize international investment law. The regime was designed to extricate investment disputes from national courts and gunboat diplomacy, entrusting them instead to a neutral law-bound process. According to its critics, however, investment arbitration is neither a neutral, nor a legitimate law-bound process. They lay most of the blame with international arbitrators. Critics contend that, instead of law and appropriate policy considerations, investment arbitrators’ decisions are often the product of extra-legal factors — from their own ideology, to the nature …


Jewish Law Courts In America: Lessons Offered To Sharia Courts By The Beth Din Of America Precedent, Michael J. Broyde Jan 2013

Jewish Law Courts In America: Lessons Offered To Sharia Courts By The Beth Din Of America Precedent, Michael J. Broyde

Faculty Articles

Although the BDA is now a fifty-year-old organization, its true metamorphosis as an arbitration panel began only in 1996 when it gained autonomy from the Rabbinical Council of America. In the fifteen years since, an independent board of directors has worked with the BDA’s rabbinic leaders to craft an arbitration process that secular courts would feel comfortable upholding. While the BDA’s transformation required some level of compromise within Jewish law itself, the adaptations necessary for judicial acceptance proved to be procedural. Broadly, this meant conforming to the tenets of the Federal Arbitration Act (FAA). More specifically, the BDA’s viability came …


Executive Board Jan 2013

Executive Board

Arbitration Law Review (2009 - Present)

No abstract provided.


Weighing (In)Discretion On A Sliding Scale: California Appellate Court Hands Down An Expose Of Modern Approaches To Jurisdiction And Unconscionability, Anthony Rallo Jan 2013

Weighing (In)Discretion On A Sliding Scale: California Appellate Court Hands Down An Expose Of Modern Approaches To Jurisdiction And Unconscionability, Anthony Rallo

Arbitration Law Review (2009 - Present)

No abstract provided.


Lawyers And Mediation, Brian Rans Jan 2013

Lawyers And Mediation, Brian Rans

Arbitration Law Review (2009 - Present)

No abstract provided.


Like Oil And Vinegar, Sitting Judges And Arbitrators Do Not Mix: Delaware's Unique Attempt At Judicial Arbitration, Gellaine T. Newton Jan 2013

Like Oil And Vinegar, Sitting Judges And Arbitrators Do Not Mix: Delaware's Unique Attempt At Judicial Arbitration, Gellaine T. Newton

Arbitration Law Review (2009 - Present)

No abstract provided.


I-Arbitration: Not The Newest Apple(R) Product, But Sharia Law In International Commercial Arbitration, Thomas Panighetti Jan 2013

I-Arbitration: Not The Newest Apple(R) Product, But Sharia Law In International Commercial Arbitration, Thomas Panighetti

Arbitration Law Review (2009 - Present)

No abstract provided.


Introduction, Nancy Welsh Jan 2013

Introduction, Nancy Welsh

Arbitration Law Review (2009 - Present)

No abstract provided.


Treaty Shopping And Expansive Jurisdiction: Causes And Effects Of Venezuela's Denunciation Of The Icsid Convention, Kathryn Rimpfel Jan 2013

Treaty Shopping And Expansive Jurisdiction: Causes And Effects Of Venezuela's Denunciation Of The Icsid Convention, Kathryn Rimpfel

Arbitration Law Review (2009 - Present)

No abstract provided.


Is Less Really More? Hall Street Associates, Private Procedural Ordering And Expanded Review Of Arbitral Awards In State Courts, Allen Blair Jan 2013

Is Less Really More? Hall Street Associates, Private Procedural Ordering And Expanded Review Of Arbitral Awards In State Courts, Allen Blair

Arbitration Law Review (2009 - Present)

No abstract provided.


Combinations Of Mediation And Arbitration With The Same Neutral: A Framework For Judicial Review, Ellen E. Deason Jan 2013

Combinations Of Mediation And Arbitration With The Same Neutral: A Framework For Judicial Review, Ellen E. Deason

Arbitration Law Review (2009 - Present)

No abstract provided.


Restricting The Reach Of The Federal Arbitration Act: South Carolina Supreme Court Applies State Law And Invalidates An Arbitration Agreement In A Residential Real Estate Transaction, Tiffany Bennett Jan 2013

Restricting The Reach Of The Federal Arbitration Act: South Carolina Supreme Court Applies State Law And Invalidates An Arbitration Agreement In A Residential Real Estate Transaction, Tiffany Bennett

Arbitration Law Review (2009 - Present)

No abstract provided.


Creating A 21st Century Oligarchy: Judicial Abdication To Class Action Mediators, James R. Coben Jan 2013

Creating A 21st Century Oligarchy: Judicial Abdication To Class Action Mediators, James R. Coben

Arbitration Law Review (2009 - Present)

No abstract provided.


Asymmetric Dynamism And Acceptable Judicial Review Of Arbitration Awards, Jeffrey W. Stempel Jan 2013

Asymmetric Dynamism And Acceptable Judicial Review Of Arbitration Awards, Jeffrey W. Stempel

Arbitration Law Review (2009 - Present)

No abstract provided.


Contested States And The Rights And Obligations Of The Jus Ad Bellum, Christian Henderson Jan 2013

Contested States And The Rights And Obligations Of The Jus Ad Bellum, Christian Henderson

Cardozo Journal of International and Comparative Law

The article examines the rights and obligations of contested states under the jus ad bellum, arguing that these entities, despite lacking widespread recognition as states, should be considered international legal persons. It challenges the traditional state-only conception of international personality and advocates for a recognition-based approach, which would extend the prohibition of the use of force and the right to self-defense to contested states. The analysis highlights the complexities and contradictions in applying these principles, particularly regarding collective self-defense, and suggests that a pragmatic interpretation could balance international peace and security with the legal protection of contested states.


At&T Mobility And The Future Of Small Claims Arbitration, Jill I. Gross Jan 2013

At&T Mobility And The Future Of Small Claims Arbitration, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

This article focuses on small claims arbitration and examines the impact of AT&T Mobility on the legitimacy of the process. Part II of the article describes the Supreme Court’s AT&T Mobility decision, which held that the FAA preempts a California rule that declared a class arbitration waiver in a consumer contract unconscionable. Part III describes the primary features of the two options remaining for the Concepcions—small claims court and small claims arbitration, as well as their perceived advantages and disadvantages. Part IV demonstrates that courts have endorsed simplified arbitration. Part V examines whether simplified arbitration is a fair method of …


Table Of Contents Jan 2013

Table Of Contents

Arbitration Law Review (2009 - Present)

No abstract provided.


Towards A Rules-Based Asean: The Protocol To The Asean Charter On Dispute Settlement Mechanisms, Hao Duy Phan Jan 2013

Towards A Rules-Based Asean: The Protocol To The Asean Charter On Dispute Settlement Mechanisms, Hao Duy Phan

Arbitration Law Review (2009 - Present)

No abstract provided.


Has London Outmaneuvered The Italian Torpedo, Thomas Panighetti Jan 2013

Has London Outmaneuvered The Italian Torpedo, Thomas Panighetti

Arbitration Law Review (2009 - Present)

No abstract provided.


How Nice To See You Again: The Repetitive Use Of Arbitrators And The Risk Of Evident Partiality, Drew J. Hushka Jan 2013

How Nice To See You Again: The Repetitive Use Of Arbitrators And The Risk Of Evident Partiality, Drew J. Hushka

Arbitration Law Review (2009 - Present)

No abstract provided.


Broad Powers, Silent Intentions: Compelling Class Action Arbitration Without Express Authorization, Daivy P.E. Dambreville Jan 2013

Broad Powers, Silent Intentions: Compelling Class Action Arbitration Without Express Authorization, Daivy P.E. Dambreville

Arbitration Law Review (2009 - Present)

No abstract provided.


The Accidental Preemption Statute: The Federal Arbitration Act And Displacement Of Agency Regulation, Maureen A. Weston Jan 2013

The Accidental Preemption Statute: The Federal Arbitration Act And Displacement Of Agency Regulation, Maureen A. Weston

Arbitration Law Review (2009 - Present)

The Yearbook on Arbitration and Mediation’s 2013 Symposium focused on the role of the courts and judicial review in arbitration and mediation. Considering this question, this Article examines the command of the Federal Arbitration Act (FAA) for courts to enforce private agreements to arbitrate and to confirm arbitral awards as judgments subject to limited grounds for vacatur, as the public judicial system is invoked to revere private arbitration agreements and awards—at times at the expense of significant public policy challenges and the displacement of agency regulatory procedures specifically designed to address public policy concerns. In a series of decisions, …