Dispute Resolution and Arbitration Commons^™

Judicial Education: Pedagogy For A Change, T. Brettel Dawson

Journal of Dispute Resolution

Canadian judges have maintained a steadfast, long-term commitment to judicial education. Through teaching one another, judges renew their vision over time, and more concretely, address their concerns and challenges today. Since its inception in 1985, the National Judicial Institute (NJI) has sought to be a partner and a resource to judges and Courts in a shared endeavour to create relevant, practical, and effective judicial education. Working together, the NJI, judges, and Courts have built a “Canadian model” of judicial education widely respected and emulated.

Arbitration Whack-A-Mole: The Federal Policy Favoring Arbitration Hammers The Rights Of Individual Employees, Spring E. Taylor

Journal of Dispute Resolution

In a country that protects the plaintiff's right to a day in court, it only seems natural that Sally should have the opportunity to take her cause to the courthouse. But the strong fedral presumption that supports the enforcement of arbitration provisions is like a hammber that pushes plaintiffs like Sally and those if Huffman into the arbitration arena. In Huffman, the Sixth Circuit rescued an employwer from an ambiguous arbitration provision contained in the employer-drafted employment agreement and enforced the arbitration provision as one of the provisions to survive expiration of the contract, even though it was not listed …

Legislative Study: Massachusetts Municipal Conflict Resolution Needs Assessment, Interim Report, Massachusetts Office Of Public Collaboration, University Of Massachusetts Boston

Massachusetts Office of Public Collaboration Publications

All across Massachusetts, municipal officials are at the front line of dealing with today’s complex problems in such areas as budgets, education, land use, environment, economic development, public works, public safety and public health. In addressing these complex problems, local public officials tackle public conflicts head-on and bring many to resolution. However, officials also face public conflicts that persist and impair their ability to move forward. This study documents specific needs that municipal officials identified as important for dealing with public conflict and for obtaining the societal results they desired. These ran the gamut from resource and process-oriented needs to …

Diálogo Y Políticas Públicas: Transformación De Conflictos En El Marco De La Gestión De La Política Pública, Fundación Futuro Latinoamericano, University Of Massachusetts Boston

Center for Peace, Democracy and Development Publications

Cuando la Fundación Futuro Latinoamericano (FFLA) se contactó con la Secretaría Nacional de Planificación y Desarrollo del Ecuador (SENPLADES), para transmitir su experiencia en la prevención y transformación de conflictos socioambientales, se promovió un encuentro entre la sociedad civil y la institución del Estado encargada del diseño de políticas públicas para la planificación estatal, en el marco del mandato constitucional de planificación participativa.

Es así como se iniciaron una serie de encuentros que dieron forma al Manual que ahora se presenta. Los destinatarios/as de este documento son funcionarios públicos que, a lo largo y ancho de Latinoamérica, se enfrentan diariamente …

A Narrowing View: The Sixth Circuit And Bae, Alexander Park

Arbitration Law Review (2009 - Present)

No abstract provided.

Mandatory Process, Matthew B. Lawrence

Faculty Articles

This Article suggests that people tend to undervalue their procedural rights—their proverbial “day in court”—until they are actually involved in a dispute. The Article argues that the inherent, outcome-independent value of participating in a dispute resolution process comes largely from its power to soothe a person’s grievance— their perception of unfairness and accompanying negative emotional reaction—win or lose. But a tendency to assume unchanging emotional states, known in behavioral economics as projection bias, can prevent people from anticipating that they might become aggrieved and from appreciating the grievance-soothing power of process. When this happens, people will waive their procedural rights …

Reasoned Awards In International Commercial Arbitration: Embracing And Exceeding The Common Law-Civil Law Dichotomy, S. I. Strong

Faculty Articles

The primary focus of this Article is to analyze various process-oriented and structural issues relating to reasoned awards in international commercial arbitration so as to improve the practical and theoretical understanding of international awards. That discussion, which is found in Section IV, considers various factors from both the common law and civil law perspectives so as to take into account the blended nature of international commercial arbitration.

Of course, to be fully comprehensible, the detailed analysis in Section IV must first be put into context. Therefore, Section II describes the difficulties associated with defining a reasoned award in international commercial …

That's A Wrap: The Ninth Circuit's Failure To Clarify The Enforceability Of Browsewrap And Clickwrap Agreements In Internet Commerce, Ben Colburn

Arbitration Law Review (2009 - Present)

No abstract provided.

International Arbitration & Global Governance: Contending Theories And Evidence, Ryan Thomas

Arbitration Law Review (2009 - Present)

No abstract provided.

Roles For Neutrals In Remedying The School Discipline Gap, Stephen S. Worthington

Arbitration Law Review (2009 - Present)

No abstract provided.

Ethics And Sport Dispute Resolution In Sport: Athletes, Law And Arbitration, Zachary Burley

Arbitration Law Review (2009 - Present)

No abstract provided.

"Who Decides?" The Third Circuit: Class Action Availability Is A Question Of Arbitrability?, Marcus Shand

Arbitration Law Review (2009 - Present)

No abstract provided.

Massachusetts And Oregon Laws Encourage Early Resolution Of Medical Malpractice Claims: Dhhs Threatens To Hinder Reform, Jena Druck

Arbitration Law Review (2009 - Present)

No abstract provided.

Thanks, Obama! "Fair Pay And Safe Workplaces" Come At The Cost Of Mandatory Pre-Dispute Employment Arbitration, Andrew C. Fillmore

Arbitration Law Review (2009 - Present)

No abstract provided.

Confidentiality In Consumer And Employment Arbitration, Christopher R. Drahozal

Arbitration Law Review (2009 - Present)

No abstract provided.

Dreaded Dearth Of Precedent In The Wake Of International Arbitration - Could The Cause Also Bring The Cure?, Ank Santens, Romain Zamour

Arbitration Law Review (2009 - Present)

No abstract provided.

Special Education Arbitration: "Rightness" As A Matter Of Law And Fact?, Stephen S. Worthington

Arbitration Law Review (2009 - Present)

No abstract provided.

Risk Versus Reward: The Increasing Use Of Third Funders In International Arbitration And The Awarding Security For Costs, Kelsie Massini

Arbitration Law Review (2009 - Present)

No abstract provided.

The Role Of The Courts In The New Justice System, Tania Sourdin

Arbitration Law Review (2009 - Present)

No abstract provided.

What's Law Got To Do With It? Plea Bargaining Reform After Lafler And Frye, Cynthia Alkon

Arbitration Law Review (2009 - Present)

No abstract provided.

Investment Treaty Arbitration And Its Future -- If Any, Kaj Hobér

Arbitration Law Review (2009 - Present)

No abstract provided.

Toward A Transnational Law Of Trade Usages?, Fabien Gélinas

Arbitration Law Review (2009 - Present)

No abstract provided.

Lcia's New Rules: Modernization Through Adherence To Traditional Principles Of Arbitration, Shohin Hodizoda-Vance

Arbitration Law Review (2009 - Present)

No abstract provided.

"Start Spreading The News" . . . The Big Apple Gets A Taste Of Mandatory Mediation, Melissa A. Rodriguez

Arbitration Law Review (2009 - Present)

No abstract provided.

Mediation's Effects: Test, Don't Guess, James A. Wall, Kyle R. Holley

Arbitration Law Review (2009 - Present)

No abstract provided.

Re-Thinking The Federal Arbitration Act § 10: Vacating "Manifest Disregard", Brian Forgue

Arbitration Law Review (2009 - Present)

No abstract provided.

Arkansas Supreme Court Holds Invalid Arbitration Agreement For Lack Of Mutuality, Nathaniel Conti

Arbitration Law Review (2009 - Present)

No abstract provided.

The Idea Of Arbitration, Zachary Burley

Arbitration Law Review (2009 - Present)

No abstract provided.

Empty Rhetoric: The Failings Of The Lcia's Ethical Rules For Legal Counsel And Alternatives, Christina Bustos

Arbitration Law Review (2009 - Present)

No abstract provided.

Disarming Employees: How American Employers Are Using Mandatory Arbitration To Deprive Workers Of Legal Protection, Jean R. Sternlight

Scholarly Works

Employers’ imposition of mandatory arbitration constricts employees’ access to justice. The twenty percent of the American workforce covered by mandatory arbitration clauses file just 2,000 arbitration claims annually, a minuscule number even compared to the small number of employees who litigate claims individually or as part of a class action. Exploring how mandatory arbitration prevents employees from enforcing their rights the Article shows employees covered by mandatory arbitration clauses (1) win far less frequently and far less money than employees who litigate; (2) have a harder time obtaining legal representation; (3) are often precluded from participating in class, collective or …