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Dispute resolution

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Articles 271 - 300 of 592

Full-Text Articles in Dispute Resolution and Arbitration

Assimilative, Autonomous, Or Synergistic Visions: How Mediation Programs In Florida Address The Dilemma Of Court Connection , Dorothy J. Della Noce, Joseph P. Folger, James R. Antes Apr 2012

Assimilative, Autonomous, Or Synergistic Visions: How Mediation Programs In Florida Address The Dilemma Of Court Connection , Dorothy J. Della Noce, Joseph P. Folger, James R. Antes

Pepperdine Dispute Resolution Law Journal

Over the past twenty-five years, the state of Florida has been recognized across the United States as a leader in the development of court-connected alternative dispute resolution programs. Mediation, in particular, has flourished across the state, with one hundred eleven programs in place in family, civil, community, and dependency sectors. Administrative support and oversight for court-connected mediation programs are provided by The Florida Dispute Resolution Center (DRC) - the administrative arm of the Florida Supreme Court - housed within the Office of the State Courts Administrator. In collaboration with the DRC, we designed and conducted a benchmarking study of seven …

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"Mediation Goes Mainstream" - Taking The Conference Theme Challenge , Joseph P. Folger Apr 2012

"Mediation Goes Mainstream" - Taking The Conference Theme Challenge , Joseph P. Folger

Pepperdine Dispute Resolution Law Journal

Introduction to the Southern California Mediators Assiciation's meeting, including a comment on the conference theme, "mediation goes mainstream."

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Uncitral Model Law On International Commercial Conciliation: From A Topic Of Possible Discussion To Approval By The General Assembly , Robert N. Dobbins Apr 2012

Uncitral Model Law On International Commercial Conciliation: From A Topic Of Possible Discussion To Approval By The General Assembly , Robert N. Dobbins

Pepperdine Dispute Resolution Law Journal

By no means a Pulitzer Prize winner, for those interested enough to inquire, the story of the creation of the Model Law is remarkable. The purpose of this Note is to give a snapshot of how, what began in the shadow of Arbitration as a "possible work topic considered by the Commission . . . Conciliation," in the space of two and one-half years became the Model Law. As a secondary and intentional focus of this note, this author (conceding his own bias) hopes to allow the Secretariat of UNCITRAL to enjoy its well-deserved moment in the spotlight for its …

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Contracting Around Ruaa: Default Rules, Mandatory Rules, And Judicial Review Of Arbitral Awards, Christopher R. Drahozal Apr 2012

Contracting Around Ruaa: Default Rules, Mandatory Rules, And Judicial Review Of Arbitral Awards, Christopher R. Drahozal

Pepperdine Dispute Resolution Law Journal

By specifying that its provisions generally are default rules and listing particular exceptions, the Revised Uniform Arbitration Act (“RUAA”) provides much needed certainty and avoids unnecessary litigation, at least compared to the Federal Arbitration Act, which does not always identify which of its provisions are default rules. In one important respect, however, RUAA jettisons that valuable certainty. The RUAA drafters left open (or at least sought to leave open) the question whether parties can contract to expand the grounds for judicial review of arbitration awards beyond those set out in the statute. In other words, the drafters purported not to …

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Uniformity In Adr: Thoughts On The Uniform Arbitration Act And Uniform Mediation Act, John M. Mccabe Apr 2012

Uniformity In Adr: Thoughts On The Uniform Arbitration Act And Uniform Mediation Act, John M. Mccabe

Pepperdine Dispute Resolution Law Journal

Private resolution of disputes, now thought of as alternate dispute resolution, has a lengthy history in American law. The National Conference of Commissioners on Uniform States Laws (NCCUSL) has been a contributor to that history for about as long as there has been a history, promulgating the first uniform law on arbitration in 1925. Today the Conference continues its commitment to private dispute resolution with a new momentum, having recently completed its most comprehensive revision of the Uniform Arbitration Act, and having completed its first Uniform Mediation Act. Both acts are important to the way that American law is being …

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Ma Forest Futures Visioning Process, Loraine Della Porta, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston Apr 2012

Ma Forest Futures Visioning Process, Loraine Della Porta, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston

Office of Community Partnerships Posters

The Massachusetts Department of Conservation and Recreation (DCR) initiated the Forest Futures Visioning Process to develop a long-term strategy for managing the 308,000 acres of lands in the State and Urban Parks system. The Massachusetts Office of Public Collaboration at UMass Boston designed and facilitated this year-long collaborative visioning process which culminated in a set of consensus recommendations for a 100 year vision for the forests of Massachusetts.

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The Massachusetts Community Mediation Centers Program, Madhawa Palihapitiya, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston Apr 2012

The Massachusetts Community Mediation Centers Program, Madhawa Palihapitiya, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston

Office of Community Partnerships Posters

As part of the public service mission of UMASS Boston, the MA Office of Public Collaboration (MOPC) partnered with the Community Mediation Coalition of Massachusetts in compiling a research study and design for a Community Mediation Centers Grant Program to increase sustainability, scope and quality of Massachusetts community dispute resolution as a mechanism for increasing access to justice for all Massachusetts communities.

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Principles For Designing Negotiation Instruction, John M. Lande, Ximena Bustamante, Jay Folberg, Joel Lee Apr 2012

Principles For Designing Negotiation Instruction, John M. Lande, Ximena Bustamante, Jay Folberg, Joel Lee

Faculty Publications

This article analyzes recommendations in the Rethinking Negotiation Teaching (RNT) series. Instructors teaching negotiation and other dispute resolution subjects have long had a hard time trying to cover everything they would like in their courses. The RNT project has documented (and, to some extent, stimulated) a growing profusion of ideas and techniques for teaching negotiation, which has multiplied instructors’ dilemmas in designing their courses. Since instructors cannot teach everything they would like, this article suggests some general principles for making decisions about what to include and how to conduct these courses. Clearly, there is no single right or best way …

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Remodeling The Multi-Door Courthouse To "Fit The Forum To The Folks": How Screening And Preparation Will Enhance Adr, Tim Hedeen Apr 2012

Remodeling The Multi-Door Courthouse To "Fit The Forum To The Folks": How Screening And Preparation Will Enhance Adr, Tim Hedeen

Faculty Articles

The article offers information on remodeling of multi-door courthouse to enhance Alternative Dispute Resolution (ADR) efficiency. It informs that symposium, The Future of Court ADR: Mediation and Beyond that was held in September 2011 featured scholars and practitioners to discuss the past and future of ADR. It informs that research and practice in mediation have deepened the understanding in engaging with prospective clients.

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Report To Law Revision Commission Regarding Recommendations For Changes To California Arbitration Law , Roger Alford Mar 2012

Report To Law Revision Commission Regarding Recommendations For Changes To California Arbitration Law , Roger Alford

Pepperdine Dispute Resolution Law Journal

In this Article, Professor Alford discusses a report by the Law Revision Commission recommending that certain changes be made to arbitration law in California. It begins by outlining the history of arbitration in California, from its 1961 adoption of the Uniform Arbitration Act, to the 1988 enactment of an international arbitration statute modeled on the UNCITRAL Model Law, to the 1989 enactment of Section 1281.8, which allowed courts to grants provisions remedies to parties involved in arbitration proceedings. It also provides a general overview of the purpose and practice of arbitration law. Then, it provides a chapter-by-chapter analysis the Law …

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Collaborative Family Law - The Big Picture, Kim David Kurodason, Donna Beck Weaver, David Kuroda Mar 2012

Collaborative Family Law - The Big Picture, Kim David Kurodason, Donna Beck Weaver, David Kuroda

Pepperdine Dispute Resolution Law Journal

Collaborative family law is an innovative intervention designed to bring legal, psychological and financial expertise to assist couples who face divorce. It's non-adversarial and problem-solving setting facilitates the transition to a healthy, post-divorce life for the family. Not surprisingly, clients are very satisfied. How does this all work and should you consider collaborative family law in your practice? Following presentation was made on February 20, 2004 at the Association of Family and Conciliation Courts California Chapter Conference and provides an introduction to the fundamentals of collaborative family law, the fastest growing practice area in family law.

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Collaborative Lawyering: A Closer Look At An Emerging Practice, William H. Schwab Mar 2012

Collaborative Lawyering: A Closer Look At An Emerging Practice, William H. Schwab

Pepperdine Dispute Resolution Law Journal

A critical analysis of collaborative law (CL) is only now beginning, and should be based on actual, not hypothetical information about the practice and its impact on clients as courts, the bar, and the public begin to digest the idea of CL. This Article intends to present a more comprehensive picture of collaborative practice than is currently available, to better inform the ongoing conversation about what role CL will play in the legal system. Toward that end, the following sketches some basic questions about CL, and provides some preliminary answers. Part I recounts the origin of CL and introduces the …

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The Mediated Settlement: Is It Always Just About The Money? Rarely!, Steven L. Schwartz Mar 2012

The Mediated Settlement: Is It Always Just About The Money? Rarely!, Steven L. Schwartz

Pepperdine Dispute Resolution Law Journal

Since our legal system of dispute resolution tends to remedy wrongs only by payment of money, most settlements will eventually involve negotiations over the amount to be paid and received. Yet, in both the theory and actual practice of mediation that has lead this writer to conclude that it is never just about the money. Effective lawyer representation of clients in mediation requires a different kind of investigation and preparation than lawyers may be accustomed to conducting. Similarly, an effective mediator must be adept in identifying the clues that reveal the "below the water line" interests at work and which …

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The Narrative Approach To Mediation, Toran Hansen Mar 2012

The Narrative Approach To Mediation, Toran Hansen

Pepperdine Dispute Resolution Law Journal

Narrative Mediation is an approach and methodology that can offer mediators an innovative way to handle conflict intervention. It is important to note that "it is not a model that can be ransacked for techniques without damaging the intent and process it requires.. .because the foundational view is vastly different [from other approaches]." It may, however, particularly appeal to mediators with a postmodernist theoretical bent who prefer to work with the accounts of parties in conflict rather than attempting to get at "the truth" because they recognize that any truth brings with it implicit bias. The explicit role of mediator …

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Defining The Ethical Limits Of Acceptable Deception In Mediation, John W. Cooley Mar 2012

Defining The Ethical Limits Of Acceptable Deception In Mediation, John W. Cooley

Pepperdine Dispute Resolution Law Journal

In a recent law review article I authored for the Loyola University of Chicago Law Review, Mediation Magic: Its Use and Abuse, I addressed the perplexing problem of the current lack of ethical guidance available to mediators and mediation advocates on the question of permissible uses of deception in mediation generally and in caucused mediation, in particular. This article is a sequel to that publication, offering the reader a condensation of some of the ideas contained in that article and some additional thoughts on criteria that might be appropriate to consider when designing a truthfulness standard for mediation.

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The Neutral As Lie Detector: You Can't Judge Participants By Their Demeanor, Bruce Fraser Mar 2012

The Neutral As Lie Detector: You Can't Judge Participants By Their Demeanor, Bruce Fraser

Pepperdine Dispute Resolution Law Journal

As mediators we are often faced with sharply conflicting stories. One of the advantages of mediation is that we sometimes can solve the underlying problem without determining who did what, to whom, and when. Indeed, experience has shown that mediation is not a good process for finding the truth because it has none of the tools (such as testimony under oath) used for this purpose in the judicial system. Still, mediators often spend a good deal of time and effort trying to determine who is telling the truth.

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The Truth About Deception In Mediation, Jeffrey Krivis Mar 2012

The Truth About Deception In Mediation, Jeffrey Krivis

Pepperdine Dispute Resolution Law Journal

Now that the court system has institutionalized the use of mediation in virtually all civil proceedings, trial lawyers are paying closer attention to their negotiation skills. While those skills involve less structured behavior than presenting a case to a jury, they nonetheless involve one common strategy that even the most skilled practitioners refuse to acknowledge: deception.

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Journeys Into The Heart Of Conflict, Kenneth Cloke Mar 2012

Journeys Into The Heart Of Conflict, Kenneth Cloke

Pepperdine Dispute Resolution Law Journal

This is an excerpt from a forthcoming book by Mr. Cloke. Sweet, indeed, are the uses of adversity, yet this sweetness is often concealed in the ugly, venomous aspects of conflict. The "precious jewels" our conflicts contain are the deeper truths they are able to teach us. What prevents us from recognizing these deeper truths and learning from our conflicts? What drives us along ugly, venomous paths of aggression and self-destruction rather than dialogue and constructive engagement? What keeps us locked in impasse? And how can a deeper understanding of the origin of our conflicts help us locate these precious …

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Mediating Multi-Party Disputes: Reflections On Leadership In Mediation, Elizabeth "Wendy" Trachte-Huber Mar 2012

Mediating Multi-Party Disputes: Reflections On Leadership In Mediation, Elizabeth "Wendy" Trachte-Huber

Pepperdine Dispute Resolution Law Journal

Leadership in mediating multi-party matters is imperative. In my work as Claims Administrator for one of the largest ever personal injury/bankruptcy settlements ($2.3 billion, net present value), I am charged with four primary areas of responsibility: (1) the efficient and fair evaluation of claims consistent with provisions of the Joint Plan of Reorganization; (2) the efficient delivery of payments to all approved claimants pursuant to the provisions of the Joint Plan; (3) the management and custody of the assets paid to the Settlement Facility; and finally (4) the faithful execution of the provisions of the Joint Plan in all respects. …

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"Adr" Comes Of Age: What Can We Expect In The Future?, Richard Chernick Mar 2012

"Adr" Comes Of Age: What Can We Expect In The Future?, Richard Chernick

Pepperdine Dispute Resolution Law Journal

Important developments in dispute resolution are reported in the legal and popular press every day. We have recently seen, for example, major developments in arbitration ethics, mediator confidentiality, standards for mandatory consumer predispute processes and expansion of court-annexed ADR programs. This is an opportune time to think about the future of ADR, because dispute resolution has survived its infancy and its sometimes awkward adolescence without any obvious body piercings, tattoos or felony convictions and is now thriving, energetic and poised for its most productive period.

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Moving Forward Together: The Lgbt Community And The Family Mediation Field , Mark J. Hanson Mar 2012

Moving Forward Together: The Lgbt Community And The Family Mediation Field , Mark J. Hanson

Pepperdine Dispute Resolution Law Journal

This is a time of great change for the Lesbian, Gay, Bisexual and Transgender ("LGBT") community. Members of the LGBT community have gained increased awareness and rights. The United States Supreme Court found state sodomy laws that ban same-sex sexual activity unconstitutional. Thirty-three states have enacted hate crime legislation that protects members of the LGBT community. Recently from the streets of San Francisco, to New Platz, New York and to Sandoval County, New Mexico, LGBT couples have received marriage licenses despite being prohibited by state law. Other states, such as Connecticut, Massachusetts and Vermont have enacted legislation giving LGBT couples …

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The Impact On "The Vanishing Trial" If People Of Faith Were Faithful To Religious Principles Of Settling Disputes Without Litigation , Anthony R. Benedetto Mar 2012

The Impact On "The Vanishing Trial" If People Of Faith Were Faithful To Religious Principles Of Settling Disputes Without Litigation , Anthony R. Benedetto

Pepperdine Dispute Resolution Law Journal

Commentators have expressed concern about "the vanishing trial" with respect to the possible loss of precedent and the loss of opportunities for aggrieved persons to have their concerns resolved in the judicial arena. Ignoring the controversy surrounding whether the number of trials is actually decreasing significantly, this paper asks whether the number of trials would be significantly affected if all people of faith resolved their disputes within their religious communities, or at least outside of the secular court setting. The impact on secular case law of the disappearance of such disputes is then estimated. Finally, recommendations are presented for overcoming …

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Effectiveness Of Citizens Advisory Boards In Addressing Fairness In Environmental Public Disputes , Melissa Lor Mar 2012

Effectiveness Of Citizens Advisory Boards In Addressing Fairness In Environmental Public Disputes , Melissa Lor

Pepperdine Dispute Resolution Law Journal

This paper will assess whether or not consensus building and citizens advisory boards adequately address the issues of procedural fairness regarding public participation in environmental disputes. Part II describes the preceding methods leading up to the development of consensus building and citizens advisory boards in dealing with public involvement. In particular, it discusses the review-and-comment and regulatory negotiation models to environmental public disputes. Part III describes the consensus building process, particularly the use of citizens advisory boards, and evaluates the effectiveness of consensus building and citizens advisory boards in addressing fairness of public participation. In addition, it discusses the use …

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The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney Mar 2012

The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney

Pepperdine Dispute Resolution Law Journal

Section I examines the history, purpose, and methodology of the American Civil Liberties Union. Section II discusses the historical development and use of Alternative Dispute Resolution. Section III, Part A provides examples of its use in environmental controversies, Americans with Disabilities Act disputes, and employment conflicts. Section III, Part B explains the arguments for and against the use of Alternative Dispute Resolution in Civil Rights Controversies. Section IV, Part A looks at examples of the use of Alternative Dispute Resolution by the American Civil Liberties Union, while Part B provides insight into the interplay of Alternative Dispute Resolution and the …

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Forgive And Forget: Recognition Of Error And Use Of Apology As Preemptive Steps To Adr Or Litigation In Medical Malpractice Cases , Ashley A. Davenport Mar 2012

Forgive And Forget: Recognition Of Error And Use Of Apology As Preemptive Steps To Adr Or Litigation In Medical Malpractice Cases , Ashley A. Davenport

Pepperdine Dispute Resolution Law Journal

Medical malpractice cases are a special breed within the field of tort jurisprudence as mistakes in the medical field are regrettably inevitable. Medical universities use some of the greatest hospitals in this country as interactive classrooms to teach future physicians. A vast number of people are treated in hospitals throughout the United States every day, and of those treated, a number are neglected under the confines of the law. The American public expects infallible care from our health care system and any deviation from perfection may result in legal action. Those wronged seek litigation primarily as a means to punish …

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In The Aftermath Of The Terri Schiavo Case: Resolving End-Of-Life Disputes Through Alternative Dispute Resolution, Alisa L. Geller Mar 2012

In The Aftermath Of The Terri Schiavo Case: Resolving End-Of-Life Disputes Through Alternative Dispute Resolution, Alisa L. Geller

Pepperdine Dispute Resolution Law Journal

Imagine yourself the proud parent of an adult daughter. You have spent many years nurturing your precious child so that she may excel in the world. Just as all of your dreams for her are coming true, the news no parent wants to hear was delivered. Your daughter lost control of her car, the vehicle overturned and she was found lying face down in a ditch. You gasped. You expected the worst. A tragic end to a life yet lived. Then, the good news was delivered. You breathed a sigh of relief. You learned she survived. She was in a …

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Collaborative Practice Mediation: Are We Ready To Serve This Emerging Market , P. Oswin Chrisman, Gay G. Cox, Petra Novotna Mar 2012

Collaborative Practice Mediation: Are We Ready To Serve This Emerging Market , P. Oswin Chrisman, Gay G. Cox, Petra Novotna

Pepperdine Dispute Resolution Law Journal

Collaborative Practice (also known as Collaborative Law) is fast becoming a viable alternative to litigation internationally. When needed to overcome an impasse, collaborative professionals engage mediators and, in some cases when the issue is limited, they involve arbitrators. In order to serve as the neutral ADR provider in such matters one needs to demonstrate an understanding of the process. For a collaborative team to select a third party neutral facilitator in whom they will have confidence, they will want to know that the mediator has received training in interest-based negotiation and preferably in Collaborative Practice itself. They will be looking …

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Mediation By Judges: A New Phenomenon In The Transformation Of Justice , Louise Otis, Eric H. Reiter Mar 2012

Mediation By Judges: A New Phenomenon In The Transformation Of Justice , Louise Otis, Eric H. Reiter

Pepperdine Dispute Resolution Law Journal

This article has three principal parts. In the first, we present an overview of judicial mediation and how it responds to some of the perceived problems with the classical model of adjudication. In this analysis, we draw especially on the experience with judicial mediation at the appellate level at the Quebec Court of Appeal. In the second part, we examine the unfolding of the mediation process itself, using an annotated guide to judicial mediation to address broader issues of both practical and theoretical concern. In the third part, we consider the crucial question of ethics in mediation, signaling some of …

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Alternative Dispute Resolution And Court-Appointed Experts , Joseph R. Slights Iii, Mark G. Haug Mar 2012

Alternative Dispute Resolution And Court-Appointed Experts , Joseph R. Slights Iii, Mark G. Haug

Pepperdine Dispute Resolution Law Journal

This article shamelessly borrows its subtitles-the Court's Tale and the Expert's Tale-from Chaucer's tale-telling. The two tales examine the life cycle of a case utilizing a court-appointed expert. The Court's Tale begins with a presumption against the court-appointed expert. Certain characteristics of a dispute, however, may be sufficient to rebut this presumption. The Court's Tale tells of one such case. The case involved complex damage calculations and irreconcilable positions that invite an objective analysis. The article then turns toward the Expert's Tale which describes how an expert helped resolve the problem. Following the Expert's Tale, the court assesses the outcome …

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Adr Dharma: Seeking A Hindu Perspective On Dispute Resolution From The Holy Scriptures Of The Mahabharata And The Bhagavad Gita , Aalok Sikand Mar 2012

Adr Dharma: Seeking A Hindu Perspective On Dispute Resolution From The Holy Scriptures Of The Mahabharata And The Bhagavad Gita , Aalok Sikand

Pepperdine Dispute Resolution Law Journal

The Mahabharata and the Bhagavad Gita are both monumental pieces of Hindu literature. This paper seeks to analyze them in order to garner a Hindu perspective on dispute resolution. There will be five parts to this paper: Part I seeks to give an overview of certain Hindu concepts such as dharma, which will make it easier to understand the Mahabharata and the Gita. Part II will then give a brief summary of the basic plot of the Mahabharata. Then, Part III will zoom in on the section of the Mahabharata where Lord Krishna attempts to mediate peace between …

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