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Articles 61 - 82 of 82
Full-Text Articles in Dispute Resolution and Arbitration
Summer Musings On Curricular Innovations To Change The Lawyer's Standard Philosophical Map, James Coben
Summer Musings On Curricular Innovations To Change The Lawyer's Standard Philosophical Map, James Coben
Faculty Scholarship
When Hamline’s participation in the FIPSE grant was announced several years ago, the Hamline community saw an opportunity to help achieve the stated strategic-plan objective to ensure that every graduating student “will have basic knowledge about ADR and the opportunity for simulation experience with ADR.” The FIPSE grant working-group established the following objectives to guide the curriculum-development effort: (a) emphasize the importance of ADR by formally recognizing it as “substance,” (b) help students confront the standard philosophical map of lawyers and promote an “alternative” definition of lawyer as “problem-solver,” (c) provide a baseline familiarity with rule vs. interest and position …
Toward Uniform Standards Of Conduct For Mediators Symposium: The Lawyer's Duties And Responsibilities In Dispute Resolution, John D. Feerick
Toward Uniform Standards Of Conduct For Mediators Symposium: The Lawyer's Duties And Responsibilities In Dispute Resolution, John D. Feerick
Faculty Scholarship
It can no longer be doubted that alternative dispute resolution ("ADR") as a substitute for court-based litigation is growing in appeal. The high costs, adversarial nature, and time of traditional litigation have led to the development and popularity of other dispute resolution alternatives. ADR is making substantial inroads into the legal mainstream and is increasingly used in a wide variety of contexts by courts; federal, state, and local governments; businesses and private individuals. According to a recent survey conducted by the National Institute for Dispute Resolution, twenty-eight state courts now have mandatory, non-binding arbitration programs; more than half of the …
Reflections Of Judicial Adr And The Multi-Door Courthouse At Twenty: Fait Accompli, Failed Overture, Or Fledgling Adulthood, Jeffrey W. Stempel
Reflections Of Judicial Adr And The Multi-Door Courthouse At Twenty: Fait Accompli, Failed Overture, Or Fledgling Adulthood, Jeffrey W. Stempel
Scholarly Works
Like any trend, ADR has its skeptics and even some opponents. Considerable debate exists regarding the degree to which the increasing ADRization of traditionally judicial activity amounts to triumph or tragedy, a point well-illustrated by the past Schwartz Lectures. In the 1993 Schwartz Lecture, Professor Laura Nader described the ADR movement as a byproduct of society's attempt to suppress or conceal uncomfortable conflicts. In the 1994 Lecture, Professor Judith Resnik essentially concluded that the modern ADR movement has brought a regrettable de facto closing of the court house (or at least raised barriers to entry) and replaced reflective decision-making about …
Standards Of Professional Conduct In Alternative Dispute Resolution Symposium, John D. Feerick, Carol Izumi, Kimberlee Kovach, Lela Love
Standards Of Professional Conduct In Alternative Dispute Resolution Symposium, John D. Feerick, Carol Izumi, Kimberlee Kovach, Lela Love
Faculty Scholarship
ADR is unique in being interdisciplinary and interprofessional. ADR neutrals perform in a distinctive role and not as members of their own profession. The ADR process demands adherence to policies like voluntariness, respect for party autonomy, and confidentiality, which, in turn, make special ethical demands on ADR neutrals. Thus there are compelling reasons to contemplate an interdisciplinary code of conduct that addresses the professional duties and obligations of ADR neutrals. Standards of conduct for ADR has been a much discussed and debated topic over the past decade, both as to source and content. The two principal sources of standards have …
Lawyer's Agenda For Understanding Alternative Dispute Resolution, Edwin H. Greenebaum
Lawyer's Agenda For Understanding Alternative Dispute Resolution, Edwin H. Greenebaum
Indiana Law Journal
No abstract provided.
Civil Procedure And Alternative Dispute Resolution: The Lawyer's Role And The Opportunity For Change, Paul J. Spiegelman
Civil Procedure And Alternative Dispute Resolution: The Lawyer's Role And The Opportunity For Change, Paul J. Spiegelman
Journal of Legal Education
No abstract provided.
The Teaching Of Alternative Dispute Resolution, Lisa G. Lerman
The Teaching Of Alternative Dispute Resolution, Lisa G. Lerman
Journal of Legal Education
No abstract provided.
Using Process Observaton To Teach Alternative Dispute Resolution: Alternatives To Simulation, Robert A. Baruch Bush
Using Process Observaton To Teach Alternative Dispute Resolution: Alternatives To Simulation, Robert A. Baruch Bush
Journal of Legal Education
No abstract provided.
Adr And Civil Procedure: A Chapter Or An Organizing Theme?, Bryant G. Garth
Adr And Civil Procedure: A Chapter Or An Organizing Theme?, Bryant G. Garth
Journal of Legal Education
No abstract provided.
Rethinking The Teaching Of Civil Procedure, Elizabeth N. Schneider
Rethinking The Teaching Of Civil Procedure, Elizabeth N. Schneider
Journal of Legal Education
No abstract provided.
Early Alternative Dispute Resolution In A Federal Administrative Agency Context: Experimentation With The Offeror Process At The Consumer Product Safety Commission, Carl W. Tobias
Law Faculty Publications
During the 1980s Alternative Dispute Resolution (ADR) has come of age. Much experimentation with consensual decisional processes has been conducted in the context of federal administrative agency proceedings. The Administrative Conference of the United States (ACUS) has stamped its imprimatur on the concept of ADR, the Environmental Protection Agency has negotiated successfully several rulemakings, and a plethora of additional agencies have implemented, are experimenting with, or are contemplating the application of, consensual decisional processes. The efficacy of ADR remains controversial and debate continues over how best to implement consensual procedures, while much agency experimentation has proceeded slowly by trial and …
Book Review Of Varieties Of Dispute Resolution, Dale A. Qesterle
Book Review Of Varieties Of Dispute Resolution, Dale A. Qesterle
Journal of Legal Education
No abstract provided.
Alternative Dispute Resolution In The Law School Curriculum: Opportunities And Obstacles, Frank E. A. Sander
Alternative Dispute Resolution In The Law School Curriculum: Opportunities And Obstacles, Frank E. A. Sander
Journal of Legal Education
No abstract provided.
Legal Education And The Changing Role Of Lawyers In Dispute Resolution, Albert M. Sacks
Legal Education And The Changing Role Of Lawyers In Dispute Resolution, Albert M. Sacks
Journal of Legal Education
No abstract provided.
A Pedagogy For Negotiation, Robert B. Moberly
A Pedagogy For Negotiation, Robert B. Moberly
Journal of Legal Education
No abstract provided.
The Theory And Practice Of Negotiation, Michael Wheeler
The Theory And Practice Of Negotiation, Michael Wheeler
Journal of Legal Education
No abstract provided.
Using Simulation Exercises For Negotiation And Other Dispute Resolution Courses, Gerald R. Williams
Using Simulation Exercises For Negotiation And Other Dispute Resolution Courses, Gerald R. Williams
Journal of Legal Education
No abstract provided.
Center For The Study Of Dispute Resolution University Of Missouri-Columbia School Of Law, Dale A. Whitman
Center For The Study Of Dispute Resolution University Of Missouri-Columbia School Of Law, Dale A. Whitman
Journal of Legal Education
No abstract provided.
Anthropology And The Study Of Alternative Dispute Resolution, Sally Engle Merry
Anthropology And The Study Of Alternative Dispute Resolution, Sally Engle Merry
Journal of Legal Education
No abstract provided.
Some Thoughts On Dispute Resolution And Civil Procedure, Martha Minow
Some Thoughts On Dispute Resolution And Civil Procedure, Martha Minow
Journal of Legal Education
No abstract provided.
Civil Procedure And Alternative Dispute Resolution, Paul D. Carrington
Civil Procedure And Alternative Dispute Resolution, Paul D. Carrington
Journal of Legal Education
No abstract provided.
Securities Arbitrations Involving Mortgage-Backed Securities And Collateralized Mortgage Obligations: Suitable For Unsuitability Claims?, Bradley J. Bondi
Securities Arbitrations Involving Mortgage-Backed Securities And Collateralized Mortgage Obligations: Suitable For Unsuitability Claims?, Bradley J. Bondi
Fordham Journal of Corporate & Financial Law
No abstract provided.