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Alternative dispute resolution

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Articles 301 - 309 of 309

Full-Text Articles in Dispute Resolution and Arbitration

Thesis (Preventive Law), Antithesis (Adversarial Process), Synthesis (Settlement, Adr): A Comment On Nyhard And Dauer, Louis M. Brown Jan 1986

Thesis (Preventive Law), Antithesis (Adversarial Process), Synthesis (Settlement, Adr): A Comment On Nyhard And Dauer, Louis M. Brown

Journal of Dispute Resolution

In terms of the Nyhart-Dauer article, the goal which is to be attained is "the commercial exploitation of the coastal zone and continental shelf."' The legal system aids the accomplishment of that goal by permitting parties to enter into contracts which "define the measure of present exchange and provide the standards by which executory performance will later be judged... "2 The goal is achieved by performances in accord with "creative arrangements" developed "in such a way that their constituents will be most likely to accept and adhere to the undertakings to which they" are committed.3 It is performance that counts. …

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Dispute Resolution And Preventive Law: A Reply To Professor Brown, E. A. Dauer, J. D. Nyhard Jan 1986

Dispute Resolution And Preventive Law: A Reply To Professor Brown, E. A. Dauer, J. D. Nyhard

Journal of Dispute Resolution

Within our discussion of scientific models and the processes of dispute resolution,' we suggested a single continuum along which the strategies of Preventive Law and of ADR (Alternative Dispute Resolution) could be arrayed. Beneath that synthesis lay a proposition which we may not have made entirely clear: That the two bodies of hitherto separate principles address problems which are not themselves distinct.

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Will The Seventh Amendment Survive Adr?, Roger W. Kirst Jan 1985

Will The Seventh Amendment Survive Adr?, Roger W. Kirst

Journal of Dispute Resolution

The seventh amendment problem is not within the ADR procedures themselves, but rather in how ADR is integrated into the total system of formal dispute resolution. Proponents of ADR may not intend to destroy federal civil jury trial, but ADR could be a serious threat to the seventh amendment if alternative procedures supplant civil jury trial and leave the constitutional language as a hollow shell. On the other hand, substantial use of ADR would not necessarily threaten seventh amendment values if jury trial remains available; instead, ADR procedures in routine litigation might protect the role of the civil jury in …

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Adr Paradigms And Intervenor Values, Joseph B. Stulberg Jan 1985

Adr Paradigms And Intervenor Values, Joseph B. Stulberg

Journal of Dispute Resolution

Mediators insist that they can be neutral intervenors when assisting parties reach a negotiated settlement. They view their role as that of facilitating the development of settlement terms that the parties find acceptable, irrespective of whether the mediator approves of them or if they are in the best interests of either the parties or the public.'

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Unfair Dismissal: Emerging Issues In The Use Of Arbitration As A Dispute Resolution Alternative For The Nonunion Workforce, Eva Robins, Eva Robins, Eva Robins, Eva Robins Jan 1984

Unfair Dismissal: Emerging Issues In The Use Of Arbitration As A Dispute Resolution Alternative For The Nonunion Workforce, Eva Robins, Eva Robins, Eva Robins, Eva Robins

Fordham Urban Law Journal

This Article reviews the concept of just cause as a test for termination of employment and its applicability to the nonunion workforce. It addresses the feasibility of applying dispute resolution mechanisms found workable in labor-management relations under union contracts to employment-at-will disputes. It further outlines the standards and criteria utilized in the arbitration process and recognizes some problems of proof, evidence, remedy and procedure that will arise from the application of alternative methods of resolution to nonunion disputes. Finally, this Article identifies a substantial number of issues that need to be resolved if arbitration of just cause for termination of …

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Alternative Means Of Dispute Resolution: Practices And Possibilities In The Federal Government, William French Smith Jan 1984

Alternative Means Of Dispute Resolution: Practices And Possibilities In The Federal Government, William French Smith

Journal of Dispute Resolution

In the early nineteenth century Alexis de Tocqueville predicted that the law would become a secular religion in the United States, and that every important political question would be turned into a matter for law and litigation.' History once again has proven de Tocqueville's remarkable prescience. Over the past two decades, there has been a staggering increase in litigation.2 Americans now are filing more lawsuits than ever before, and are litigating a wide variety of disputes that previously had been resolved through other means.

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Judicial Participation In Settlement, James A. Wall, Dale E. Rude, Lawrence F. Schiller Jan 1984

Judicial Participation In Settlement, James A. Wall, Dale E. Rude, Lawrence F. Schiller

Journal of Dispute Resolution

In the following pages, we will briefly delineate the settlement process, enumerate the techniques currently utilized by judges to facilitate settlement, and discuss the perceived ethics of these techniques. Finally, we will consider the circumstances under which judges typically participate in settlement.

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Southland Corp. V. Keating, Lewis F. Powell Jr. Oct 1983

Southland Corp. V. Keating, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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Comment: Arbitration -- A Viable Alternative?, K. E.C. Hull, Einar M. Rod Jan 1974

Comment: Arbitration -- A Viable Alternative?, K. E.C. Hull, Einar M. Rod

Fordham Urban Law Journal

Private arbitration as an alternative to litigation has been viewed by many authorities as an important method of improving judicial administration. This Comment, in evaluating courts' attitudes toward arbitration, will analyze the standards used by courts in deciding whether issues are appropriate subjects for arbitration. Because arbitration can have no legal effect unless courts are willing to support the arbitrator's award, the standards used to determine whether an issue is arbitrable are critical to the future of arbitration. The Comment examines four areas law that illustrate a variety of judicial attitudes toward arbitrability: labor-management relations, domestic relations, will probation and …

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