Dispute Resolution and Arbitration Commons^™

Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado Law School professors Lawrence J. MacDonnell and Mark Squillace.

Moving the West's Water to New Uses: Winners and Losers will be the theme for this year's water conference, June 6-8 at the Law School in Boulder. The conference will consider the changing demands for water in the West and the need to reallocate a portion of the existing uses of water to new uses.

The first day will provide the background by looking at the most likely sources of water to meet these demands, including agriculture, federal water projects, interstate transfers, and …

Public's Need To Know Vs. Effective Settlement Techniques: The First Amendment Confronts The Summary Jury Trial - Cincinnati Gas And Electric Co. V. General Electric Co., The, Anne E. Billings

Journal of Dispute Resolution

With the proliferation of alternative dispute resolution, the summary jury trial (SJT) has become popular in many federal courts as an alternative to litigation. 2 Because of the SJT's trial-like nature, members of the press argue that the first amendment 3 gives the press the right to report on SJT proceedings. In Cincinnati Gas and Electric Co. v. General Electric Co.,4 the Sixth Circuit Court of Appeals addressed the issue of whether the first amendment right of access attaches to a SJT proceeding.

Effective Lawyering In Judicially Hosted Settlement Conferences, Wayne D. Brazil

Journal of Dispute Resolution

The purpose of this article is to describe in detail the most effective approaches and techniques that I have seen lawyers use in settlement conferences. Having hosted hundreds of negotiations, I have seen many different lawyering styles. In the pages that follow, I share with interested litigators my ideas (unconfirmed by scientific tests) about what works in the settlement dynamic and what does not. I write informally; the "you" that I address so often are the litigators I hope to reach.

Quality Of Settlements, The, Marc Galanter

Journal of Dispute Resolution

When I was a law student, some 30 years ago, I don't recall hearing much about settlement. I am sure that my teachers knew there were a lot of settlements, but they were not worthy of much attention. They were part of the realm of practical nuts and bolts detail that lay outside learning about the law; law school was about cases that were adjudicated.

Judge's Role In Settlement: Opinions From Missouri Judges And Attorneys, The, James A. Wall Jr., Dale E. Rude

Journal of Dispute Resolution

This study investigates judges' involvement in settlement, and the opinions that Missouri judges and attorneys hold toward that involvement. In a survey of 1,100 judges and 1,550 attorneys, we found that Missouri judges differ significantly from Missouri attorneys. Specifically, Missouri judges prefer less judicial involvement in settlement and they, in the cases sent to them, were less aggressive in facilitating settlement. Finally, judges and attorneys from Missouri's metropolitan areas were found to favor stronger involvement in settlement than were their counterparts from the non-metropolitan areas.

Agenda: The Public Lands During The Remainder Of The 20th Century: Planning, Law, And Policy In The Federal Land Agencies, University Of Colorado Boulder. Natural Resources Law Center

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

Conference organizers and/or speakers included University of Colorado School of Law professors Lawrence J. MacDonnell and Charles F. Wilkinson.

Public land management has undergone major changes in recent years in response to the greatly increased planning responsibilities mandated by Congress.

Public Lands During the Remainder of the 20th Century: Planning Law and Policy in the Federal Land Agencies looked at management and planning issues related to seven major resources in the public lands: timber, rangeland, minerals, wildlife, water, recreation, and preservation values. Charles F. Wilkinson, Professor of Law, University of Colorado, gave a luncheon talk on "Public Land Planning: Will …

Final Offer Arbitration: Time For Serious Consideration By The Courts, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

This article examines final offer arbitration and recommends its use in court-annexed arbitration programs, which are now operating or being considered in a growing number of federal and state courts. The first portion of the article analyzes the process of the settlement of lawsuits and gives some reasons why settlements are not always reached expeditiously. Next, the article analyzes the final offer arbitration process and shows how it may promote settlement. The last portion of the article examines empirical data on the efficacy of final offer arbitration in promoting settlement. The empirical data comes from two sources: laboratory experiments and …

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. …

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.

Private Settlement As Alternative Adjudication: A Rationale For Negotiation Ethics, Robert B. Gordon

University of Michigan Journal of Law Reform

A rule of ethics like the one proposed in this Note takes a step toward this goal. Part I explores the general nature of unethical settlement negotiation, and the inadequate responses offered by both the American Bar Association Model Code of Professional Responsibility and the American Bar Association Model Rules of Professional Conduct. Part II presents a theory for recognizing private settlement negotiation as a substantive component of the adjudicatory process, deserving of all the ethical protections afforded forensic litigation. Part III evaluates certain proposals for reform and responds to various criticisms commonly leveled against efforts to regulate private negotiation …

For Reconciliation, Andrew W. Mcthenia, Thomas L. Shaffer

Journal Articles

The Alternative Dispute Resolution (“ADR”) movement has garnished much debate with scholars arguing on both sides—for or against—its further implementation into our adversarial system. This Article critiques the arguments against the movement focusing on Professor Owen Fiss’ work. From a theological reconciliation point of view, the Authors argue in favor of its further implementation because the ADR system promotes justice, community values, and the reconciliation of problems rather than resolution.

Rhetoric And Reality In The Dispute Settlement Movement, Frederick E. Snyder

Journal of Dispute Resolution

Efforts to demystify and simplify the way disputes are settled in American society seem to have congealed into a nationwide movement within less than a decade: neighborhood justice centers, arbitration, divorce mediation, no-fault auto insurance, do-it-yourself probate, "plain English" land and rental agreements, government ombudsmen, consumer hot lines, community mediation of minor criminal cases. A growth industry, if there ever was one

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.

Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun

Publications

No abstract provided.

Ogallala Ground Water, Morton W. Bittinger

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

12 pages.