Dispute Resolution and Arbitration Commons^™

Use Of Mediation To Recover Rights To Our Genes, Rachel Albert

Pepperdine Dispute Resolution Law Journal

No abstract provided.

The Medicare Appeals Crisis: Why Mediation Is The Medicine, Michelle Ellis

Pepperdine Dispute Resolution Law Journal

This article will explore how unmeritorious RAC-reversals recently polluted the Medicare appeals process, and how this has led to a crisis for both providers and the United States Department of Health & Human Services (HHS). Furthermore, this article will consider the lack of available remedies and narrow measures taken by HHS, and will instead advocate for mediation as the best means of easing the backlog. While the delays also directly affect Medicare beneficiaries, this article will limit its discussion to the backlog in relation to providers and suppliers.

The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin

Pepperdine Dispute Resolution Law Journal

This article details the oft-debated issue of how labor arbitrators should reconcile collective bargaining agreements (CBAs) with public sources of law, i.e., “external law,” particularly when the plain meaning of a CBA would lead to an arbitration award in contravention of public law. This article traces the origin of the debate back to 1967, when renowned labor arbitrators Robert Howlett and Bernard Meltzer took opposing views on the matter in front of the National Academy of Arbitrators. Although Meltzer’s traditional view, that arbitrators should respect the CBA and ignore the law when the two diverge, may have been the more …

A Soft Solution For A Hard Problem: Using Alternative Dispute Resolution In Post-Conflict Societies, James D. Mcginley

Pepperdine Dispute Resolution Law Journal

No abstract provided.

Kiser’S Soft Skills For The Effective Lawyer, John Lande

Faculty Blogs

This post describes Randall Kiser’s book, Soft Skills for the Effective Lawyer. He defines soft skills as including “intrapersonal and interpersonal competencies such as practical problem solving, stress management, self-confidence, initiative, optimism, interpersonal communication, the ability to convey empathy to another, the ability to see a situation from another’s perspective, teamwork, collaboration, client relations, business development, and the like.” He presents research showing that legal clients especially value these skills in lawyers.

Arbitration Of Intra-Corporate Disputes In Turkish Law, Aysel Cetinkaya Uyar

SJD Dissertations

Arbitrability establishes the essential boundary between the regulatory authority of the legal system and the contractual process of arbitration. Arbitrability may overlap with public policy and other vital concerns of national legal systems. Today's legal systems may clearly maintain the scope of their authority and resist acquiescing to the trend toward universal arbitrability. States may, in fact, choose to prioritize their sovereignty over other principles of law such as freedom of contract in some certain circumstances. Protecting and maintaining the legal apparatus supporting the social, political, and economic order of the State may require such an approach. Certain areas of …

Realizing Dispute Resolution: Meeting The Challenges Of Legal Realism Through Mediation, Robert Rubinson

Nevada Law Journal

No abstract provided.

Can Nfl Players Obtain Judicial Review Of Arbitration Decisions On The Merits When A Typical Hourly Union Worker Cannot Obtain This Unusual Court Access?, Michael Z. Green, Kyle T. Carney

Faculty Scholarship

Several recent court cases, brought on behalf of National Football League (NFL) players by their union, the NFL Players Association (NFLPA), have increased media and public attention to the challenges of labor arbitrator decisions in federal courts. The Supreme Court has established a body of federal common law that places a high premium on deferring to labor arbitrator decisions and counseling against judges deciding the merits of disputes covered by a collective bargaining agreement (CBA). A recent trend suggests federal judges have ignored this body of law and analyzed the merits of labor arbitration decisions in the NFL setting.

NFL …

Cultural Confusion — A Good Thing For Mediation?, Nadja Alexander

Research Collection Yong Pung How School Of Law

Greg Bond’s recent post on mediation cultures reminded me of an encounter I had with a group of mediators several years ago. Allow me to share with you my recollection of what happened.I was conducting a workshop on international and intercultural approaches to mediation for 15 freshly-minted mediators from a European country — all participants were nationally accredited and had completed more than 350 hours of training and assessment. As part of the first day I played a DVD of a real mediation conducted by a people’s mediator in Guangzhou, Guangdong Province, China. The dispute involved a wife who wanted …

The South China Sea Arbitration Award, Bernard H. Oxman

University of Miami International and Comparative Law Review

No abstract provided.

Published Versions Of Tower Of Babel Symposium Articles, John M. Lande

Faculty Blogs

This post provides links to the articles in the Tower of Babel Symposium.

Dealing With Causes As Well As Symptoms Of Law Students’ And Lawyers’ Lack Of Well-Being, John Lande

Faculty Blogs

This post discusses the National Task Force on Lawyer Well-Being’s report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change. The report recommends that faculty “assess law school practices and offer faculty education on promoting well-being in the classroom.” It cites research suggesting that “potential culprits that undercut student well-being includ[e] hierarchical markers of worth such as comparative grading, mandatory curves, status-seeking placement practices, lack of clear and timely feedback, and teaching practices that are isolating and intimidating.” This post notes that legal practice is inherently stressful and recommends changing legal practice culture. Individual practitioners may reduce their …

Message For Students Interested In Adr, John Lande

Faculty Blogs

This post provides suggestions for things that law students interested in ADR might read and do.

Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger

Arbitration Law Review (2009 - Present)

No abstract provided.

Dedication

Arbitration Law Review (2009 - Present)

No abstract provided.

Doscher: The Second Circuit Frees Itself From Its Prior Look Through Approach, Fueling A Circuit Split, Peter Nelson

Arbitration Law Review (2009 - Present)

No abstract provided.

Trumping The Ninth Circuit: How The 45th President’S Supreme Court Appointments Will Strengthen The Already Strong Federal Policy Favoring Arbitration, Eric Schleich

Arbitration Law Review (2009 - Present)

No abstract provided.

The Uberization Of Arbitration Clauses, Jill I. Gross

Arbitration Law Review (2009 - Present)

No abstract provided.

Notes From A Quiet Corner: User Concerns About Reinsurance Arbitration – And Attendant Lessons For Selection Of Dispute Resolution Forums And Methods, Jeffrey W. Stempel

Arbitration Law Review (2009 - Present)

No abstract provided.

Patent Arbitration: The Underutilized Process For Resolving International Patent Disputes In The Pharmaceutical And Biotechnology Industries, Alessandra Emini

Arbitration Law Review (2009 - Present)

No abstract provided.

The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College

Arbitration Law Review (2009 - Present)

No abstract provided.

You Are Now Entering The School Zone, Proceed With Caution: Educators, Arbitration, & Children’S Rights, Raquel Muniz

Arbitration Law Review (2009 - Present)

No abstract provided.

The Future Of Class Action Waivers In Employment Agreements: Lewis Creates A Framework For The United States Supreme Court, Meghan Gonyea

Arbitration Law Review (2009 - Present)

No abstract provided.

Alternative Dispute Resolution For Election Access Issues In A Post-Voting Rights Act Section 5 Landscape, Casey Millburg

Arbitration Law Review (2009 - Present)

No abstract provided.

Bolstering The Foundation Of Fundamental Fairness: The Ninth Circuit Declares Equitable Tolling Now Applies To The Federal Arbitration Act, Matthew E. Selmasska

Arbitration Law Review (2009 - Present)

No abstract provided.

Courts And Arbitration: Reconciling The Public With The Private, Susan L. Karamanian

Arbitration Law Review (2009 - Present)

No abstract provided.

Cover Image

Arbitration Law Review (2009 - Present)

No abstract provided.

Masthead

Arbitration Law Review (2009 - Present)

No abstract provided.

Foreword

Arbitration Law Review (2009 - Present)

No abstract provided.

Consumer Click Arbitration: A Review Of Online Consumer Arbitration Agreements, Jeffrey H. Dasteel

Arbitration Law Review (2009 - Present)

No abstract provided.