Dispute Resolution and Arbitration Commons^™

The Improbable Birth And Conceivable Death Of The Securities Arbitration Clinic, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

This Article explores the birth, life, and possible death of securities arbitration clinics (SACs) in the United States. Part II of this Article describes the history of the securities arbitration clinic in the United States. Part III describes how a SAC operates and how SAC students help investors. Part IV reviews the pedagogical advantages and disadvantages of a SAC, and addresses the reluctance of many law schools to embrace this type of clinic. Part V concludes by predicting whether these clinics have a future in light of the modern challenges to clinical legal education.

Open-Minded Listening, Jonathan R. Cohen

UF Law Faculty Publications

Parties in conflict do not typically listen to one another well. On a physical level they hear what their counterparts say, but on a deeper level they do not truly absorb or think seriously about their counterparts’ words. If they listen at all, they listen with an ear toward how they can refute rather than toward what they may learn. This article explores how we might change this. In contrast to prior research examining external aspects of listening (e.g., how being listened to influences the speaker), this article probes the internal side of listening, specifically, whether the listener will allow …

Intersection Of Patent Infringement And Antitrust Liability In Abbreviated New Drug Application Litigation, The, Kevin E. Noonan

Journal of Dispute Resolution

A battle has been raging, over the past ten years, regarding the competing interests of patent protection and antitrust prohibitions in the specialized area of law concerned with patented drugs regulated by the Food and Drug Administration ("FDA").' The contestants are the Federal Trade Commission ("FTC") and parties to Abbreviated New Drug Application (ANDA) litigation, which are a branded drug company and a generic challenger.

Crowd-Classing Individual Arbitrations In A Post-Class Action Era, Myriam E. Gilles, Anthony J. Sebok

Articles

Class actions are in decline, while arbitration is ascendant. This raises the question: will plaintiffs' lawyers skilled in bringing small value, large-scale litigation-the typical consumer, employment, and antitrust claims that have made up the bulk of class action litigation over the past forty years-hit upon a viable business model which would allow them to arbitrate one-on-one claims efficiently and profitably? The obstacles are tremendous: without some means of recreating the economies of scale and reaping the fees provided by the aggregative device of Rule 23, no rational lawyer would expend the resources to develop and arbitrate individual, small-value claims against …

No Career Ladders For Mediators: A Failure Of The Field, David Matz

Center for Peace, Democracy and Development Publications

As a field, mediation has excellent training and education and excellent service delivery. But it has no career path from the completion of education to a case flow practice. There is no apprenticeship process, there is no way to gain experience with significant cases, there is no structure for serious supervision, there is no way to establish a reputation for professional competence. The result is the loss of many talented, particularly young, mediators. One major cause is a failure to attract cases valued at more than small claims level and less than, say, $100,000. The field needs to focus on …

Your Day In 'Wiki-Court': Adr, Fairness, And Justice In Wikipedia's Global Community, Sara Gwendolyn Ross

Articles, Book Chapters, & Popular Press

Wikipedia has quickly become the largest volume of collected knowledge on the planet, but it is also one of the busiest centers for dispute resolution in the world. From small groups of individuals negotiating article changes on “talk pages”, to the involvement of hundreds of people in the formation of the community consensuses needed to implement new policies, to the use of binding arbitration to create final conflict resolutions, the Wikipedia community has developed a complex network of norms and rules that funnel all disagreements and intractable differences through a series of progressively more involved dispute resolution processes. I provide …

“A Different Day In Court”: Exploring The Place Of Judicial Mediation In Ontario’S Alternative Dispute Resolution Landscape, Nicole Aylwin, Trevor C. W. Farrow

Articles & Book Chapters

In January 2011, the Ontario Bar Association established a taskforce to explore the question of how judicial dispute resolution could improve access to justice in Ontario. In their recently released final report, the taskforce offers some compelling conclusions. In particular, the report recommends that JDR be formally recognised as part of the alternative dispute resolution options available in Ontario since it would provide litigants the opportunity to receive their “day in court” without the necessity of a costly trial.This article elaborates on the findings of the report and places them within the larger context of current research and Canadian policy …

The Winkler Institute For Dispute Resolution: Responding Creatively To Complex Justice Problems, Trevor C. W. Farrow, Nicole Aylwin

Articles & Book Chapters

No abstract provided.

The Concerted Protected Activity Loophole: How The Nlrb Is Undermining The Federal Policy Favoring Arbitration By Invalidating Class Action Waivers, Thomas E. Robins

Arbitration Law Review (2009 - Present)

No abstract provided.

Timor-Leste V. Australia: "Guerrilla Tactics" And Schoolyard Bullies In State Arbitration, Sarah Whittington

Arbitration Law Review (2009 - Present)

No abstract provided.

Could Commercial Arbitration Help Settle A Historic Conflict Between The Israelites And Palestinians?, Evan Goldsmith

Arbitration Law Review (2009 - Present)

No abstract provided.

International Commercial Arbitration In Central Asia, W. E. Butler

Arbitration Law Review (2009 - Present)

No abstract provided.

Ebay's De Facto Low Value High Volume Resolution Process: Lessons And Best Practices For Odr Systems Designers, Louis F. Del Duca, Colin Rule, Kathryn Rimpfel

Arbitration Law Review (2009 - Present)

No abstract provided.

Too Darn Bad: How The Supreme Court's Class Arbitration Jurisprudence Has Undermined Arbitration, Adam Raviv

Arbitration Law Review (2009 - Present)

No abstract provided.

Mediator Ethical Breaches: Implications For Public Policy, Sharon Press

Arbitration Law Review (2009 - Present)

No abstract provided.

Adr And The Extraction Of Coal Bed Methane From Split-Ownership Estates, Alyssa Looney

Arbitration Law Review (2009 - Present)

No abstract provided.

"Prepare For Trouble, And Make It Double": The Fourth Circuit Continues Downward Iteration Of Duplicitous Test For Manifest Disregard, Garrett Lent

Arbitration Law Review (2009 - Present)

No abstract provided.

Biased? Prove It: Addressing Arbitrator Bias And The Merits Of Implementing Broad Disclosure Standards, Lindsay Melworm

Cardozo Journal of International and Comparative Law

The note examines the varying disclosure requirements for arbitrators in the United States and internationally, focusing on the standards for determining when an arbitral award may be vacated due to arbitrator partiality or bias. It highlights the tension between ensuring impartiality and maintaining the finality of arbitration decisions, advocating for broad initial disclosures to uphold the integrity and fairness of the process while preserving party autonomy.

The Implications Of Recent Icsid Arbitrator Disqualifications For Latin America, Nora Ciancio

Arbitration Law Review (2009 - Present)

No abstract provided.

Vacating Legally-Erroneous Arbitration Awards, Stephen J. Ware

Arbitration Law Review (2009 - Present)

In the United States, arbitrators’ decisions are legally binding. Courts generally confirm and enforce, rather than vacate, arbitration awards. Suppose, however, that the arbitration award is very different from the judgment a court would have rendered had the dispute been litigated, rather than arbitrated. And suppose this is because the arbitrator did not correctly apply the law. If the party that lost in arbitration (the party that would have done better with a correct application of law) asks a court to vacate the award because it is legally erroneous, will the court vacate or confirm the award? And does the …

Adhesive Arbitration: The Sustainable Grace For The Future Of The World's Most Profitable Sports Leagues, Evan Goldsmith

Arbitration Law Review (2009 - Present)

No abstract provided.

Arbitration Agreements: The Perfect Defense For Law School Deceit, Jeremy Alm

Arbitration Law Review (2009 - Present)

No abstract provided.

An Alternative Approach To Justice: The Past, Present, And Future Of The Mediation Program At The U.S. District Court For The Southern District Of New York, Rebecca Price

Arbitration Law Review (2009 - Present)

The practice of mediation has gone through enormous change in the last twenty-five years. No longer simply an "alternative," mediation has in some settings become commonplace. At the same time, many courts across the country struggle to maintain staffing and support for programs that offer alternatives for dispute resolution. While private mediation firms have seen an increase in cases, some academics and practitioners question whether mediation has been co-opted by a litigation model such that it no longer serves as a meaningful alternative.

The Mediation Program at the U.S. District Court for the Southern District of New York, which has …

Combating Structural Bias In Dispute System Designs That Use Arbitration: Transparency, The Universal Sanitizer, Lisa Blomgren Amsler

Arbitration Law Review (2009 - Present)

No abstract provided.

Third-Party Mediation Of Interstate Conflicts: Actors, Strategies, Selection, And Bias, Scott Sigmund Gartner

Arbitration Law Review (2009 - Present)

While arbitration remains more common than mediation as an alternative to litigation in domestic legal disputes, the opposite occurs in resolving violent interstate conflicts, where third-party mediation represents the most frequently employed method of conflict resolution. In order to understand the similarities and differences between international and domestic mediation, this article identifies key attributes of international conflict management generally and third-party mediation of violent disputes specifically, and four critical patterns commonly found in third-party mediation of international conflicts. These patterns, each of which is illustrated with a vignette involving US foreign policy, include: 1) the complex role of mediator bias …

When Sovereign Nations Are Forced To Arbitrate: Spain And France And The Prestige Oil Spill, Erika Dixon

Arbitration Law Review (2009 - Present)

No abstract provided.

The Italian Way Of Mediation, Giuseppe Conte

Arbitration Law Review (2009 - Present)

No abstract provided.

South African Revolutionizing Foreign Investment Protection System, Jennifer Reed

Arbitration Law Review (2009 - Present)

No abstract provided.

Copper, Gold, Corruption, And No Arbitral Relief: A Recent Pakistan Supreme Court Calls Into Question The Doctrine Of Separability, Sara E. Myirski

Arbitration Law Review (2009 - Present)

No abstract provided.

Indian Court Expands Its Jurisdiction Over Foreign Arbitral Panels, Dru Miller

Arbitration Law Review (2009 - Present)

No abstract provided.