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Dispute Resolution and Arbitration Commons™
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Articles 271 - 300 of 309
Full-Text Articles in Dispute Resolution and Arbitration
State Offices Of Mediation: Thoughts On The Evolution Of A National Network, Peter S. Adler
State Offices Of Mediation: Thoughts On The Evolution Of A National Network, Peter S. Adler
Kentucky Law Journal
No abstract provided.
The Neighborhood Justice Center Movement, Edith B. Primm
The Neighborhood Justice Center Movement, Edith B. Primm
Kentucky Law Journal
No abstract provided.
Running Statewide Dispute Resolution Programs--The New York Experience, Thomas F. Christian
Running Statewide Dispute Resolution Programs--The New York Experience, Thomas F. Christian
Kentucky Law Journal
No abstract provided.
Implementing Custody Mediation In Family Court: Some Comments On The Jefferson County Family Court Experience, Louise Everett Graham
Implementing Custody Mediation In Family Court: Some Comments On The Jefferson County Family Court Experience, Louise Everett Graham
Kentucky Law Journal
No abstract provided.
Court-Annexed Arbitration--The Northern Kentucky Experience, Christopher J. Mehling, Donald Stepner
Court-Annexed Arbitration--The Northern Kentucky Experience, Christopher J. Mehling, Donald Stepner
Kentucky Law Journal
No abstract provided.
Reflections On The Role Of The Neutral Lawyer: The Lawyer As Mediator, Karen A. Zerhusen
Reflections On The Role Of The Neutral Lawyer: The Lawyer As Mediator, Karen A. Zerhusen
Kentucky Law Journal
No abstract provided.
Compulsory Alternative Dispute Resolution And Voluntarism: Two-Headed Monster Or Two Sides Of The Coin , Lucy V. Katz
Compulsory Alternative Dispute Resolution And Voluntarism: Two-Headed Monster Or Two Sides Of The Coin , Lucy V. Katz
Journal of Dispute Resolution
This Article broadly defines compulsory ADR3 to include any process in which the parties experience a lack of free choice about their participation, other than a civil or criminal trial with full due process protections. Thus, it includes not only court-ordered ADR4 (or alternatives mandated by statute), but also judicial mediation, settlement conferences, non-mandatory summary jury trials, and other techniques5 in which there is pressure on litigants to forgo trials, at least temporarily, and to utilize alternatives to bring about settlement.6
Prospects For Adr In Patent Disputes: An Empirical Assessment Of Attorneys' Attitudes, Thomas G. Field Jr., Michael Rose
Prospects For Adr In Patent Disputes: An Empirical Assessment Of Attorneys' Attitudes, Thomas G. Field Jr., Michael Rose
Law Faculty Scholarship
For the most part, parties with a legal dispute have either settled their differences or, when that wasn't possible, litigated them. However, alternative dispute resolution (ADR) is increasingly urged as a supplement or substitute in a wide range of areas. ADR usually involves at least one third party who is employed by neither the judicial system nor one of the parties to the dispute. The third party may be a mediator, who helps the parties reach settlement, or an arbitrator, who renders a decision. While arbitration has been widely used for many years, until very recently, mediation (or conciliation) was …
A Primer On Resolving Disputes: Lessons From Alternative Dispute Resolution, Harold I. Abramson
A Primer On Resolving Disputes: Lessons From Alternative Dispute Resolution, Harold I. Abramson
Scholarly Works
No abstract provided.
The Represented Client In A Settlement Conference: The Lessons Of G. Heileman Brewing Co. V. Joseph Oat Corp., Leonard L. Riskin
The Represented Client In A Settlement Conference: The Lessons Of G. Heileman Brewing Co. V. Joseph Oat Corp., Leonard L. Riskin
UF Law Faculty Publications
This Article sets out various perspectives that litigants, lawyers and judges commonly bring to settlement conferences, perspectives on lawyer-client relations, negotiation, and the role of the judicial host. In examining the opinions in the Heileman case, along with other materials, the Article attempts to uncover the underlying assumptions about the settlement conference that informed the behavior of the judges and lawyers in that case, arguing that Heileman's explanation lies in the lawyers' and judges' tendency to embrace one of two radically different visions of the settlement conference. The Article then catalogs the advantages and disadvantages of involving clients in settlement …
Litigation Management Proposals: Storm Clouds For Voluntary Adr, Leo Dreyer
Litigation Management Proposals: Storm Clouds For Voluntary Adr, Leo Dreyer
Journal of Dispute Resolution
This Article will examine in detail some of the current reform proposals relating to case management of civil litigation and court-annexed alternative dispute resolution. These projects or proposals, discussed in more detail in ensuing sections, include the Final Report and Recommendations of the ABA Special Commission on Mass Torts,' the ALI Complex Litigation Project,' the Report of the Federal Courts Study Committee, 3 the Multiparty, Multiforum Jurisdiction Bill of 1989, 4 and the Civil Justice Reform Act of 1990 along with the underlying Report of the Civil Litigation Project.5
Dispute Resolution: A Matrix Of Mechanisms, Nancy Neslund
Dispute Resolution: A Matrix Of Mechanisms, Nancy Neslund
Journal of Dispute Resolution
The purpose of this Article is to respond to the oft-repeated comment that, in spite of the massive attention various dispute resolution mechanisms have received in the last decade, theoretical research in the area has been woefully lacking.' This Article is not intended as a culmination of dispute resolution knowledge, but as a necessary first step, fabricating a structure of dispute resolution mechanisms on which later research, theoretical and empirical, can hang. The output of the Article is a suggested organization of the body of knowledge known as dispute resolution, or popularly-alternative dispute resolution or ADR, 2 into its three …
Consumer Problems And Adr: An Analysis Of The Federal Trade Commission-Ordered General Motors Mediation And Arbitration Program, Arthur Best
Journal of Dispute Resolution
This Article evaluates a controversial mediation and arbitration program established by General Motors (GM) for owners of certain cars. It began in 1984, under the terms of a Federal Trade Commission (FTC) consent order settling charges that GM had deceptively failed to inform buyers that particular models of cars contained components that had unusually low durability. When the settlement was proposed, debate centered on whether the public interest would be served best by: 1) creation of mediation and arbitration opportunities for individual owners; or 2) prosecution of a single action seeking uniform compensation for all owners. One commissioner feared that …
Before The First Shot Is Fired: Hypothetical Use Of Alternative Dispute Resolution To Avoid A Re-Enactment Of The Hatfields And The Mccoys - Kirkham V. Wright, Christian C. Doherty, Christopher J. Moeller
Before The First Shot Is Fired: Hypothetical Use Of Alternative Dispute Resolution To Avoid A Re-Enactment Of The Hatfields And The Mccoys - Kirkham V. Wright, Christian C. Doherty, Christopher J. Moeller
Journal of Dispute Resolution
Kirkham v. Wright was chosen as the subject case because it represents the type of dispute that is extremely well suited to resolution through the ADR process. While some argument exists about the law in Kirkham,2 the bulk of the dispute revolves around the application of the law to the facts.' Furthermore, this case was eventually settled after remand,4 which leads to the conclusion that a settlement may have been possible earlier. Additionally, while the attorneys involved would not disclose the legal costs, it is a safe estimate that they ran into the tens of thousands of dollars.'
Teaching Mediation As A Lawyering Role, Jacqueline M. Nolan-Haley, Maria R. Volpe
Teaching Mediation As A Lawyering Role, Jacqueline M. Nolan-Haley, Maria R. Volpe
Journal of Legal Education
No abstract provided.
Integrating Dispute Resolution Into Standard First-Year Courses: The Missouri Plan, Leonard L. Riskin, James E. Westbrook
Integrating Dispute Resolution Into Standard First-Year Courses: The Missouri Plan, Leonard L. Riskin, James E. Westbrook
Journal of Legal Education
No abstract provided.
How Existing Procedures Shape Alternatives: The Case Of Grievance Mediation, Deborah M. Kolb
How Existing Procedures Shape Alternatives: The Case Of Grievance Mediation, Deborah M. Kolb
Journal of Dispute Resolution
Mediation is one of the oldest and most ubiquitous forms of conflict resolution in American society and throughout the world. Traditionally a prominent adjunct to labor and international negotiation, mediation is now used in divorce, family, civil, consumer, commercial and employee relations, environmental planning and siting, and the development of governmental procedures and regulations.' As mediation has penetrated into these new areas of social life, curiosity about the practice of mediation, that is, what mediators actually do to bring about settlement, has increased.
Applying Adr To Hospital Staff Privilege Disputes: A Prescription For The Future Of Health Care, Laurel E. Shealey
Applying Adr To Hospital Staff Privilege Disputes: A Prescription For The Future Of Health Care, Laurel E. Shealey
Journal of Dispute Resolution
In today's world of rising medical costs, hospital liability for staff negligence, and the uncertainty surrounding the viability of many medical procedures, hospitals are increasingly concerned with having competent doctors who can work effectively in a changing medical environment. In order to regulate staff quality, hospitals have broad discretion in granting, terminating, and reducing hospital staff privileges t
Teaching Mediation As A Lawyering Role Developments, Jacqueline Nolan-Haley
Teaching Mediation As A Lawyering Role Developments, Jacqueline Nolan-Haley
Faculty Scholarship
The growth of the alternative dispute resolution (ADR) movement has generated an increased interest in the study and practice of mediation as a nonadversarial method of conflict resolution. With mediation, individuals settle their disputes using a neutral third party who has no power to impose a settlement. Historically, mediation has been widely neglected in legal education, and-except for those involved in the labor field-lawyers have not practiced it. Recent gains in visibility have not necessarily resulted in widespread acceptance of mediation. In fact, mediation has even been openly resisted by some members of the legal profession.
Book Review Essay , James E. Westbrook
Book Review Essay , James E. Westbrook
Journal of Dispute Resolution
Getting Disputes Resolved is an important addition to the growing body of scholarly and how-to-do-it literature on disputing and dispute processing. It offers guidelines and advice on designing and implementing dispute resolution systems that are based on the authors' experience as designers of dispute resolution systems in the coal industry. The authors are among the more prominent scholar-practitioners in the dispute resolution field. William L. Ury, associate director of the Program on Negotiation at Harvard Law School, co-authored (with R. Fisher) Getting to Yes: Negotiating Agreements Without Giving In. Jeanne M. Brett, J.L. Kellogg Professor of Dispute Resolutions and Organizations …
Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff
Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff
Publications
No abstract provided.
Preparing And Presenting An Arbitration, William L. Corbett
Preparing And Presenting An Arbitration, William L. Corbett
Faculty Journal Articles & Other Writings
This article draws a comparison between arbitration and the judicial process at the pre-hearing, hearing, and post-hearing stages.
Unions And Urinalysis, Deborah A. Schmedemann
Unions And Urinalysis, Deborah A. Schmedemann
Faculty Scholarship
Many private employers seem to be busy deciding whether and how to test employees for drug use. Presumably most of these decisions are made by management acting alone. However, in unionized workplaces—one out of five private sector employees are represented by unions—federal labor law prescribes a different method. That method features collective bargaining by unions and management to set the rules, the use of a private third-party neutral to resolve disputes which arise under those rules (arbitration), and relatively little involvement by the government (the National Labor Relations Board, legislatures, and the courts). This system that labor law prescribes for …
Predispute Arbitration Agreements Between Brokers And Investors: The Extension Of Wilko To Section 10(B) Claims, Lee Applebaum
Predispute Arbitration Agreements Between Brokers And Investors: The Extension Of Wilko To Section 10(B) Claims, Lee Applebaum
Maryland Law Review
No abstract provided.
Bandwagon Is Rolling: Adr Demands And Thrives On Lawyers Creative Thinking, Christine D. Ver Ploeg
Bandwagon Is Rolling: Adr Demands And Thrives On Lawyers Creative Thinking, Christine D. Ver Ploeg
Faculty Scholarship
The ADR (alternative dispute resolution) bandwagon is rolling. Clients are becoming disenchanted with traditional litigation, and they're hearing about ADR. ADR has three broad categories: mediation, the mini-trial, and arbitration. Attorneys can provide a real service to clients by being familiar with and developing skills in ADR.
Adr In The Law Firm: A Practical Viewpoint, Karen A. Burch
Adr In The Law Firm: A Practical Viewpoint, Karen A. Burch
Journal of Dispute Resolution
This comment is divided into three major sections. In Part I, the attorneys explain how ADR concepts are employed within their respective firms. Part II is advisory in nature, with the attorneys expressing their opinions and beliefs regarding how ADR should be integrated into a law firm practice. In Part III, the attorneys express some of their perceptions and viewpoints regarding ADR in general.
Reflections On The Adr Movement, Robben W. Fleming
Reflections On The Adr Movement, Robben W. Fleming
Cleveland State Law Review
ADR, the acronym that identifies the alternative dispute resolution movement, derives its current popularity from widespread dissatisfaction with the present system of justice. Thus, ADR both proposes and promotes "alternative" ways of dealing with disputes which would otherwise be the subject of litigation. In truth, there is nothing very new about the criticism directed at the legal profession, the courts, and the adjudicatory systems in general. The alternatives which have been suggested over the years are very similar. All of the alternatives lie along an axis which starts with efforts to bring about voluntary agreement by the parties and ends, …
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
Articles by Maurer Faculty
No abstract provided.
Lessons From The Alternative Dispute Resolution Movement, Jethro K. Lieberman
Lessons From The Alternative Dispute Resolution Movement, Jethro K. Lieberman
Articles & Chapters
In less than a decade, alternative dispute resolution- ADR-has grown from a bravely-voiced hope to a congeries of practices animated by the desire to resolve legal battles outside the courtroom. ADR offers a way-station, or a series of them, between the probity of the adversary system and the flexibility of private negotiations. Though not without an ideology, ADR has never had a unified theory to explain what it accomplishes and how it works. But enough experience has accumulated by now to permit a search for a more analytical understanding of ADR and the lessons it might teach.
Defamation And Alternative Dispute Resolution: Healing The Sting, Robert M. Ackerman
Defamation And Alternative Dispute Resolution: Healing The Sting, Robert M. Ackerman
Journal of Dispute Resolution
This article will explore several mechanisms for the resolution of defamation cases. It will first review problems of substantive law which present obstacles to the fair and efficient resolution of these disputes. It will then explore some substantive law reform proposals which may expedite the fair and rational resolution of these disputes. Finally, the article will suggest some private dispute resolution processes which may advance the parties' goals, with or without substantive law reform. While a large number of defamation disputes involve non- media defendants, 9 the article will focus upon disputes involving news organizations. The article will also examine …