Dispute Resolution and Arbitration Commons^™

Using Adr To Resolve Online Disputes, Aashit Shah

Richmond Journal of Law & Technology

In the context of the Internet, where parties located in different corners of the world can contract with each other at the click of a mouse, litigation of online disputes is often inconvenient, impractical, time-consuming and prohibitive. Providing an alternative approach to resolve online disputes might assist in redressing grievances and gaining consumer confidence in e-commerce. Alternative Dispute Resolution (ADR) is an appurtenant candidate for such an approach. The Virtual Magistrate Project, launched in 1996, initiated the idea of using ADR to resolve Internet-related disputes. The joint statement promoting the use of ADR in cyberspace, made by the European Union …

Mediation: Ein Meta Modell, Nadja Alexander

Research Collection Yong Pung How School Of Law

The Mediation Meta-Model introduced in this article provides a framework for understanding a range of mediation practice models and their relationship to each other and to other ADR processes. It extends the work of Riskin in two ways: first by revising the dimensions of his original Grid to form a Mediation Meta-Model and second, by identifying and labeling a range of practice models within this Meta-Model. The practice models draw from Boulle\u27s work and extend Boulle\u27s four primary models to five. This Meta-Model is developmental insofar as it has the ability to accommodate emerging and changing practice models of mediation. …

Workplace Mediation: The First-Phase, Private Caucus In Individual Discrimination Disputes, Emily M. Calhoun

Publications

No abstract provided.

Adr Ethics, Scott R. Peppet

Publications

No abstract provided.

Decision-Making In Mediation: The New Old Grid And The New New Grid System, Leonard L. Riskin

UF Law Faculty Publications

This Article reviews the author's previous mediator-orientation models and proposes a new system for understanding the range of mediator orientations based on substantive, procedural, and meta-procedural decision-making grids.

Agenda: Water Negotiation Workshop, University Of Colorado Boulder. Natural Resources Law Center, William & Flora Hewlett Foundation

Water Negotiation Workshop (June 4-5)

"Sponsored by: The Natural Resources law Center of the University of Colorado Law School; Funding provided by: The William and Flora Hewlett Foundation."

"Facilitators: Lucy Moore and Steve Snyder."

"June 4 and 5, 2003, Community House, Chautauqua Park, Boulder, Colorado."

Contents:

Agenda -- Roster of workshop participants -- Biographies of workshop participants -- Maps of Klamath basin -- Key water-related events in the upper Klamath basin -- Federal-state decisionmaking on water : applying lessons learned / David J. Hayes -- Turbulence in the Klamath River basin / Sharon Levy

Teaching Adr In The Workplace Once And Again: A Pedagogical History, Laura J. Cooper

Journal of Legal Education

No abstract provided.

Self-Deregulation, The "National Policy" Of The Supreme Court, Paul D. Carrington

Nevada Law Journal

No abstract provided.

Adr Is Here: Preliminary Reflections On Where It Fits In A System Of Justice, Jean R. Sternlight

Scholarly Works

Reviewing some of the anthropological and other literature regarding other societies' resolution of disputes, I saw that historically many societies have placed far greater emphasis on harmony and healing, and far less emphasis on individualistic adversarial approaches, than we do in the United States today. Just as settlements occur in the "shadow of the law," that is, that the possibility of a litigated solution is often what drives disputants to resolve the dispute through mediation or negotiation, so too does litigation take place in the shadow of settlement. Despite the entanglement of various forms of dispute resolution, significant choices must …

Symposium Introduction, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

A Traditionalist Looks At Mediation: It's Here To Stay And Much Better Than I Thought, Stephen N. Subrin

Nevada Law Journal

No abstract provided.

Forgetfulness, Fuzziness, Functionality, Fairness, And Freedom In Dispute Resolution: Serving Dispute Resolution Through Adjudication, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

Contractarian Economics And Mediation Ethics: The Case For Customizing Neutrality Through Contingent Fee Mediation, Scott R. Peppet

Publications

No abstract provided.

Getting A Head Start: More Intake Questions And Tips For Mediators, Marjorie Corman Aaron

Faculty Articles and Other Publications

A party's initial inquiry to a mediator about potentially participating in a case provides many opportunities for the neutral to initiate the steps necessary for a successful resolution. This article focuses on a list of intake questions for the mediator to direct to the parties.

At First Glance: Maximizing The Mediator‘S Initial Contact, Marjorie Corman Aaron

Faculty Articles and Other Publications

First moves matter. A mediator’s strategic choices during the initial contact can encourage the next steps that will produce a successful mediation, or render mediation less likely or less productive.

Book Review: Bennett Explains Arbitration Fundamentals, Without The Legalese, Amy J. Schmitz

Faculty Publications

At the outset of the book, Steven Bennett expresses "fervent hope that this book will be of use to lawyers, law students and business people interested in learning the fundamentals of arbitration law." The book therefore focuses on fundamental, or basic, arbitration concepts and norms. It does not purport to provide in-depth discussion and analysis of arbitration law, but instead serves as a shelf reference or primer that promises to achieve Bennett's goal.

The First International Competition For Online Dispute Resolution: Is This Big, Different And New?, Benjamin G. Davis, Franklin G. Snyder, Kay Elkins Elliott, Peter B. Manzo, Alan Gaitenby, David Allen Larson

Faculty Scholarship

In February of 2002, the International Competition for Online Dispute Resolution (ICODR) was held to address the issue of new uses of technology is dispute resolution. This article describes the competition with individual presentations from the perspectives of a problem drafter, a coach, a participant, the evaluators, and an organizer. In the conclusion, the author presents some observations on why this International Competition for Online Dispute Resolution is big, different, and new.

Ashcroft Sends Signal Of Support For Adr In Justice Dept., Richard C. Reuben, Kevin R. Kemper

Faculty Publications

In his first public comments on the issue, U.S. Attorney General John Ashcroft signaled his support for the Justice Department's longstanding commitment to the use of alternative dispute resolution options.

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 …

Ending A Mud Bowl: Defining Arbitration’S Finality Through Functional Analysis, Amy J. Schmitz

Faculty Publications

The Federal Arbitration Act (FAA) and Uniform Arbitration Act (UAA), on the state level, prescribe a nearly identical procedural and remedial scheme for promoting independent, self-contained arbitration. To that end, both acts curtail courts' review of arbitration awards, by limiting the grounds for vacating awards to those aimed at ensuring only basic procedural fairness. Nonetheless, seemingly "pro-arbitration" impulses have driven some courts' eager application, or misapplication, of the FAA/UAA statutory scheme to enforce dispute resolution agreements that reject the acts' limited review prescriptions. This Article tackles this arguable abuse of the FAA/UAA scheme, by proposing a functional analysis for defining …

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 …

1977 Code Of Ethics For Arbitrators: An Outside Perspective, The Symposium: Ethics In A World Of Mandatory Arbitration, John D. Feerick

Faculty Scholarship

If ADR is to remain a vibrant part of the judicial landscape, it is essential that efforts further shape ethical standards and guidelines, as well as their practical connotations. The framers of the United States Constitution were very careful to establish a public justice system comprised of judges and juries operating within a framework of standards and protections designed to assure justice and fairness while simultaneously promoting public confidence. We should give similar care to developing processes through which we purportedly intend to accomplish similar objectives in resolving disputes and controversies. At the very least, the private nature of these …

Making Deals In Court-Connected Mediation: What's Justice Got To Do With It?, Nancy A. Welsh

Faculty Scholarship

When mediation was first introduced to the courts, the process was hailed as “alternative.” Mediation gave disputants the opportunity to discuss and resolve their dispute themselves; the role of the third party was to facilitate the disputants’ negotiations, not to dictate the outcome; and because the disputants were able to focus on their underlying interests in mediation, the process could result in creative, customized solutions. The picture of mediation is changing, however, as the process settles into its role as a tool for the resolution of personal injury, contract, and other nonfamily cases on the courts’ civil dockets. Attorneys dominate …

The Inevitability Of The Eclectic: Liberating Adr From Ideology, Jeffrey W. Stempel

Scholarly Works

The problem with viewing facilitation as the only legitimate form of mediation, of course, is that it borders on tautology: mediation is nonevaluative, therefore any evaluation in mediation must be impermissible. Although this view remains strongly held in many quarters, it appears to be in retreat, both within the mediation community and in the legal community at large. Courts and commentators have shown increasing favor toward some evaluative or advising component of mediation. More important, the eclectic style appears to be what takes place in the metaphorical trenches of mediation practice (although sound empirical data is necessarily hard to obtain …

Protocols For International Arbitrators Who Dare To Settle Cases, Harold Abramson

Scholarly Works

The best time to settle an international business dispute can be after the international arbitration proceeding has been commenced. Just like in court litigation, parties may be ready to settle only after the adjudicatory process has begun and even has progressed. In court, judges commonly open the door to settlement; they hold settlement conferences and even actively participate in settlement negotiations. But arbitrators rarely open the door to settlement; when they do, they risk losing their jobs. So, what can international arbitrators safely do? What dare they do?

In this article, the author explores the dilemma presented when one neutral …

On Teaching Mediation, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

The Right Mix, Richard C. Reuben

Faculty Publications

This edition of Dispute Resolution Magazine explores several aspects of the problem. It begins with a debate between Jean Sternlight and Theodore 0. Rogers over the propriety of mandatory predispute arbitration processes in the consumer and employment contexts, followed by a proposal by Terry Trantina for a "constructive compromise" regarding the general validity of arbitration agreements in contracts of adhesion.

This trio of essays is followed by articles on two major arbitration reform efforts. The first, by Thomas J. Stipanowich and J. Clark Kelso, discusses the rise of protocols and other industry standards intended to bring fairness to the arbitratica …

Mediation In Environmental Conflicts: The Belgian Methodology, Catherine Zwetkoff

RISK: Health, Safety & Environment (1990-2002)

Dr. Zwetkoff analyzes the effectiveness and feasibility of using traditional ADR techniques to resolve environmental disputes in Belgium.

Perspective On The Rand Report: The Dialogue Continues, Richard C. Reuben

Faculty Publications

This issue of Dispute Resolution Magazine focuses on the RAND Report, offering a wide variety of perspectives on the study and its significance. It begins with RAND's own summary of its methodology, findings, and preliminary conclusions.

"Wait A Minute. This Is Where I Came In." A Trial Lawyer's Search For Alternative Dispute Resolution, Steven H. Goldberg

Elisabeth Haub School of Law Faculty Publications

My original answer to the question “Alternative to what?” was “the adversary system.” ADR held out the promise of a better way than the adversary system for handling at least some of the inevitable friction in society. I could not define “better” precisely, but it contained notions of faster, cheaper, less contentious, less aggravating, or more likely to leave the parties talking to each other when the process was over. My current answer to the question “Alternative to what?” is that ADR is not an alternative. Alternative Dispute Resolution courses have become Dispute Resolution. In this society, dispute resolution is …