Open Access. Powered by Scholars. Published by Universities.®

Dispute Resolution and Arbitration Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 5011 - 5040 of 7746

Full-Text Articles in Dispute Resolution and Arbitration

Thinking About Fairness & Achieving Balance In Mediation, Sarah E. Burns Jan 2008

Thinking About Fairness & Achieving Balance In Mediation, Sarah E. Burns

Fordham Urban Law Journal

This Article identifies five sources of bias present in mediation practice: (1) categorization, (2) attribution, (3) metaphorical expression, (4) norming, and (5) framing. For each of these "cognitive efficiencies," which contribute to bias in mediation, the author provides practice recommendations. Finally, the author suggests that the Article be read as a proposal for further thought and inquiry to improve the fairness of mediators.

Go to article

Minorities, Mediation, And Method: The View From One Court-Connected Mediation Program, Phyllis E. Bernard Jan 2008

Minorities, Mediation, And Method: The View From One Court-Connected Mediation Program, Phyllis E. Bernard

Fordham Urban Law Journal

This Article addresses cross-cultural dynamics in small claims court mediations in Oklahoma City (1 million population). Through the study of about 300 cases, the author concludes that (1) minority status may not matter as much as gender, (2) neither gender nor minority status may matter as much as socio-economic class, and (3) well-constructed and constantly monitored mediator training and supervision may make for fairer small claims cases where mediation is seen as adjunct to judge's role. The author urges reconsideration of critical race theory critiques of mediation and ultimately concludes that just mediation proceedings require addressing individuals' lack of knowledge.

Go to article

Evolving Issues In Reinsurance Disputes: The Power Of Arbitrators, Robert W. Diubaldo Jan 2008

Evolving Issues In Reinsurance Disputes: The Power Of Arbitrators, Robert W. Diubaldo

Fordham Urban Law Journal

This Article examines emerging areas of the law governing the following procedural powers of arbitrators that impact reinsurance arbitrations, as well as other commercial disputes: (i) consolidation; (ii) non-party discovery; (iii) confidentiality; (iv) summary adjudication; and (v) the enforceability of a hold harmless agreement. Inconsistency in judicial interpretation of arbitral powers significantly impacts the cost-effectiveness and overall efficiency of arbitration -- reasons the parties seek to arbitrate their commercial disputes in the first place.

Go to article

Adr And Litigation Involving Social Problems, Steven Banks Jan 2008

Adr And Litigation Involving Social Problems, Steven Banks

Fordham Urban Law Journal

This Article addresses remarks of the Corporation Counsel of the City of New York, Michael Cardozo, regarding the use of ADR in legal disputes involving municipal government. It also highlights the special responsibilities of class counsel in the ADR context in class action litigation on behalf of vulnerable families and individuals. Specifically, the Article addresses ADR resolutions in Sheppard v. Phoenix, No. 91 Civ. 4148(RPP), 1998 WL 397846 (S.D.N.Y. July 16, 1998), Marisol v. Giuliani, 185 F.R.D. 152 (S.D.N.Y. 1992), and McCain v. Dinkins, 84 N.Y.2d 216 (1994). The Article concludes with a discussion of ADR in the context of …

Go to article

Conflict Resolution In The Aftermath Of The World Trade Center Attacks: A Family Mediation Program, Alan E. Gross Jan 2008

Conflict Resolution In The Aftermath Of The World Trade Center Attacks: A Family Mediation Program, Alan E. Gross

Cardozo Journal of Conflict Resolution

It is not unusual for a disaster or crisis to give rise to increasing tensions, interpersonal disputes and general conflict; however, even after an unexpected disaster of the magnitude of the 9/11 attacks, mobilizing conflict resolution services was not a priority for conflict professionals. In the wake of 9/11, mediators, arbitrators and other conflict resolvers were primarily concerned, like their fellow citizens, with their own safety and the safety of their families. When the fear of harm from additional attacks eventually subsided, many who had not been directly affected turned their attention to assisting those less fortunate who had lost …

Go to article

Family Law Arbitration: Third Party Alternative Dispute Resolution, Lynn P. Burleson Jan 2008

Family Law Arbitration: Third Party Alternative Dispute Resolution, Lynn P. Burleson

Campbell Law Review

No abstract provided.

Go to article

Condominum Arrangements In International Practice: Reviving An Abandoned Concept Of Boundary Dispute Resolution, Joel H. Samuels Jan 2008

Condominum Arrangements In International Practice: Reviving An Abandoned Concept Of Boundary Dispute Resolution, Joel H. Samuels

Michigan Journal of International Law

This Article attempts to revive the consideration of condominium as a possible solution to contemporary boundary disputes. Part I describes specific historic instances of condominia and derives relevant lessons from each instance. Part II notes that some critics of condominium have in fact confused condominium with other forms of joint dominion over territory. This Part proceeds, therefore, to distinguish condominium from these other arrangements. Next, Part III discusses how experiences with common property regimes over common resources (such as water supplies) might inform the contemporary use of condominium. Finally, informed by lessons articulated in Parts I through III, Part IV …

Go to article

Barriers To Participation: Challenges Faced By Members Of Underrepresented Racial And Ethnic Groups In Entering, Remaining, And Advancing In The Adr Field, Maria R. Volpe, Robert A. Baruch Bush, Gene A. Johnson, Jr., Christopher M. Kwok Jan 2008

Barriers To Participation: Challenges Faced By Members Of Underrepresented Racial And Ethnic Groups In Entering, Remaining, And Advancing In The Adr Field, Maria R. Volpe, Robert A. Baruch Bush, Gene A. Johnson, Jr., Christopher M. Kwok

Fordham Urban Law Journal

This Article discusses research aimed to understand barriers to participation of underrepresented racial and ethnic groups in ADR practices. The research includes ADR in and around New York City. The article discusses methodology, challenges of the research, preliminary findings, remedies, future research, and the significance of the findings. Universal and specific barriers include: (i) informational and professional; (ii) social, institutional, and cultural; and (iii) economic. The authors encourages future research of barriers affecting underrepresented groups and emphasizes the need to reduce these barriers.

Go to article

Securing Online Transactions: Crime Prevention Is The Key, Michael Ena Jan 2008

Securing Online Transactions: Crime Prevention Is The Key, Michael Ena

Fordham Urban Law Journal

This Comment illustrates how government regulation, criminal justice, private legal actions, and market forces contribute to the security of online transactions. Further, it argues that government regulation aimed at the prevention of cybercrime should be the primary focus of the efforts to improve online security. Ultimately, the Comment argues that as more businesses more online, securing online transactions becomes more critical to protect against fraud, to cut off source of illegal income for organized crime and terrorists, and to ensure the future growth of the national economy.

Go to article

Panel Discussion: Problem-Solving Mechanisms To Achieve Consensus: How Do We Ensure Successful Resolution?, Jacqueline Nolan-Haley, Cathy A. Costantino, Sean F. Nolon, Joseph A. Siegel Jan 2008

Panel Discussion: Problem-Solving Mechanisms To Achieve Consensus: How Do We Ensure Successful Resolution?, Jacqueline Nolan-Haley, Cathy A. Costantino, Sean F. Nolon, Joseph A. Siegel

Fordham Urban Law Journal

The focus of the panel discussion is problem-solving mechanisms in the public arena to ensure and achieve consensus via the question, "How do we ensure successful resolution?" Each speaker gives a 20-minute speech followed by questions from attendees. After all three speakers conclude their remarks, Professor Nolan-Haley opens the floor to general questions. Speakers include: 1. Cathy A. Constantino, Federal Deposit Insurance Corporation, Georgetown Law School, George Washington Law School 2. Sean F. Nolon, Pace University School of Law 3. Joseph A. Siegel, U.S. Environmental Protection Agency

Go to article

Public Justice, Private Dispute Resolution And Democracy, Trevor C. W. Farrow Jan 2008

Public Justice, Private Dispute Resolution And Democracy, Trevor C. W. Farrow

Comparative Research in Law & Political Economy

This paper is about the widespread and systematic privatization of the public civil justice system. In particular, it: (1) documents the move to privatize civil disputes across all aspects of the justice system (including courts, administrative tribunals and state-sanctioned arbitration regimes), (2) looks at some of the benefits and drawbacks of privatization, specifically including negative impacts on systems of democratic governance, and (3) identifies justice - rather than efficiency - as the primary benchmark by which civil justice reform initiatives should be judged.

Go to article

Revolution In Law Through Arbitration, The Eighty-Fourth Cleveland-Marshall Fund Visiting Scholar Lecture , Thomas E. Carbonneau Jan 2008

Revolution In Law Through Arbitration, The Eighty-Fourth Cleveland-Marshall Fund Visiting Scholar Lecture , Thomas E. Carbonneau

Cleveland State Law Review

My subject is arbitration. I explore how its re-emergence during the last forty years has revolutionized the thinking about, and the practice of, law. The development of a "strong federal policy favoring arbitration" cast aside traditional acceptations about law and adjudication. The rule of law-the human civilization associated with law and the legal process-has been profoundly, perhaps irretrievably, altered by the rise of arbitration. The landmark cases in labor and employment arbitration-Alexander v. Gardner-Denver Company (the "old time religion") and Gilmer v. Interstate/Johnson Lane Corporation (the "new age"thinking)-attest to the enormous distance that separates past and present concepts of legal …

Go to article

The Role Of Lawyers In Resolving Environmental Interest Disputes, John R. Nolon, Jessica A. Bacher Jan 2008

The Role Of Lawyers In Resolving Environmental Interest Disputes, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

This article explores the role of lawyers and the tools they can use in the resolution of environmental interest disputes. We draw on the decades-long work of ADR professionals in this area as well as the professional experience of attorneys and the skills they have honed in the context of “rights based” and “rights to process” disputes. By “environmental interest disputes” we include both emerging conflicts and current disputes among multiple parties over the use and abuse of land, air, water, surface, and subsurface resources whose resolution is unlikely to occur in traditional adjudicatory tribunals such as courts and administrative …

Go to article

A Climate Of Extremes: Transboundary Conflict Resolution, Elizabeth Burleson Jan 2008

A Climate Of Extremes: Transboundary Conflict Resolution, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Go to article

Table Of Contents - Issue 2 Jan 2008

Table Of Contents - Issue 2

Journal of Dispute Resolution

No abstract provided.

Go to article

Looking Down The Road Less Traveled: Challenges To Persuading The Legal Profession To Define Problems More Humanistically, Nancy A. Welsh Jan 2008

Looking Down The Road Less Traveled: Challenges To Persuading The Legal Profession To Define Problems More Humanistically, Nancy A. Welsh

Journal of Dispute Resolution

This essay will focus on three factors that may help to explain why it seems to be so difficult for many lawyers to escape the confines of a narrow, legalistic framing of issues-or more poetically, why they may be predisposed against looking down "the road less traveled by." These factors should be taken into account as challenges to the widespread adoption of innovative, more humanistic approaches to lawyering. First, the essay will turn to research regarding the psyches and psychological needs of the people who choose to attend law school and become lawyers. Second, the essay will consider what is …

Go to article

Evolution Of The New Lawyer: How Lawyers Are Reshaping The Practice Of Law, The, Julie Macfarlane Jan 2008

Evolution Of The New Lawyer: How Lawyers Are Reshaping The Practice Of Law, The, Julie Macfarlane

Journal of Dispute Resolution

In this paper, I shall first briefly examine some of the most significant changes affecting legal practice, especially civil litigation, and ask what adjustments in the professional identity and role of the lawyer these imply or perhaps even require from lawyers. I shall also consider what evidence we have for the evolution of the "new lawyer." I shall then approach these questions from a practice-based perspective, looking specifically at client advocacy, legal negotiation, and the lawyer-client relationship.

Go to article

Collaborative Family Law, The New Lawyer, And Deep Resolution Of Divorce-Related Conflicts, Pauline H. Tesler Jan 2008

Collaborative Family Law, The New Lawyer, And Deep Resolution Of Divorce-Related Conflicts, Pauline H. Tesler

Journal of Dispute Resolution

Unlike many of the contributions to this Symposium issue, mine is a speculative, idiosyncratic opinion piece. I want to explore what we know, what we think we know, what we do not know, and what we need to know about Collaborative Law and interdisciplinary team Collaborative Divorce Practice as they presently exist in the field of family law, in two respects: what these processes offer to clients (the "deep resolution" part of my title) and what effect the practice of these processes has on lawyers (the "new lawyer" part of my title). Instead of citing to authority, this essay draws …

Go to article

Rejecting The Intertwining Doctrine: Favoring Adr While Hindering Judicial Efficiency And Economy, Michael Bekesha Jan 2008

Rejecting The Intertwining Doctrine: Favoring Adr While Hindering Judicial Efficiency And Economy, Michael Bekesha

Journal of Dispute Resolution

Often the scope of arbitration clauses does not include all potential claims. When the provision fails to provide for all disputes, courts may proceed in one of two ways to resolve both arbitrable and nonarbitrable claims: enforce the arbitration clause with respect to arbitrable claims, or ignore the private contract and litigate all issues at once. The Colorado Supreme Court, in Ingold v. AIMCO, chose the former - rejecting the intertwining doctrine. In doing so, Colorado aligned itself with the position that the United States Supreme Court embraced over twenty years ago. This casenote will discuss whether the Colorado Supreme …

Go to article

Suing For Small Potatoes: Consumer Class Action Waivers In Arbitration Agreements Distinguished By The Ninth Circuit, Jaimee Conley Jan 2008

Suing For Small Potatoes: Consumer Class Action Waivers In Arbitration Agreements Distinguished By The Ninth Circuit, Jaimee Conley

Journal of Dispute Resolution

In Shroyer, the Ninth Circuit laid a foundation for looking at consumer class action arbitration waivers with greater scrutiny, using a much narrower test. In doing so, it communicates a clear message to large corporations that arbitration agreements that include class action waivers for the purpose of cheating consumers out of small amounts of money will not be tolerated. This case note will address the significance of the Ninth Circuit's decision and the policy arguments supporting such an approach.

Go to article

Why Should Businesses Hire Settlement Counsel, Kathy A. Bryan Jan 2008

Why Should Businesses Hire Settlement Counsel, Kathy A. Bryan

Journal of Dispute Resolution

As a former in-house litigation manager, I hired separate settlement counsel in only a few cases and with varying results. With responsibilities for hiring and managing a large portfolio of outside firms, I was loath to increase case-staffing ranks for many reasons-and cost was only one factor. Internal resources must oversee litigation, and having another set of outside lawyer relationships on the same case generally seemed duplicative. Worse, it demanded more of my scarce time to manage both the relationship and the primary litigation firm

Go to article

Ethics Of Collaborative Law, The, Scott R. Peppet Jan 2008

Ethics Of Collaborative Law, The, Scott R. Peppet

Journal of Dispute Resolution

This article argues that Collaborative Law can be permissible under the current rules of legal ethics. At the same time, it contends that this is not a foregone conclusion, and that certain Collaborative Law contracts or arrangements are more suspect than others. In short, it argues that collaborative lawyers need to be extremely careful in how they go about their practice if they wish to withstand ethical scrutiny.

Go to article

Practical Insights From An Empirical Study Of Cooperative Lawyers In Wisconsin, John Lande Jan 2008

Practical Insights From An Empirical Study Of Cooperative Lawyers In Wisconsin, John Lande

Journal of Dispute Resolution

This article proceeds as follows. After Part II describes the research methodology, Part III depicts DCI members' general orientation toward cooperation and their reactions to litigation-oriented and Collaborative Practice. This Part highlights the distinctions between the three types of practice. Not surprisingly, DCI members' interest in Cooperative Practice reflects some dissatisfaction with both litigation-oriented and Collaborative Practice. Part IV describes DCI members' accounts about Cooperative Practice, including their goals, how they define Cooperative cases, their views about appropriateness of Cooperative Practice, how cases are initiated, the number and characteristics of these cases, and the procedures used in Cooperative Practice. It …

Go to article

Interest Arbitration Clauses In Sec. 8(F) Pre-Hire Agreements: Effective For Achieving Genuine Collective Bargaining Or Enabling Parties To Underhandedly Gain Majority Bargaining Power, Thomas Riske Jan 2008

Interest Arbitration Clauses In Sec. 8(F) Pre-Hire Agreements: Effective For Achieving Genuine Collective Bargaining Or Enabling Parties To Underhandedly Gain Majority Bargaining Power, Thomas Riske

Journal of Dispute Resolution

In Sheet Metal Workers' International Ass'n, Local Union No. 2 v. McElroy's Inc., the United States Court of Appeals for the Tenth Circuit considered whether an employer was required to submit to interest arbitration with a union under the pre-hire agreement entered into by the parties. The applicability of the statutory standards for pre-hire agreements to bargained-for labor and employment contracts is an essential element of this case. When interpreting federal statutory law, the majority of jurisdictions permit unilateral repudiation upon the expiration of a pre-hire agreement and a small minority of jurisdictions allow for the agreement to be repudiated …

Go to article

Expanding The Power Of U.S. Courts In Private International Arbitration - Moderation Loses To An Extreme, Amy Moore Jan 2008

Expanding The Power Of U.S. Courts In Private International Arbitration - Moderation Loses To An Extreme, Amy Moore

Journal of Dispute Resolution

Since its inception, 28 U.S.C. § 17822 has been the subject of revisions, amendments, and much debate. This history is symptomatic of the evolving nature of United States presence in the international legal and business world; however, the statutory changes have not always been clear in purpose or application. In 2004, the Supreme Court granted certiorari for Intel Corp. v. Advanced Micro Devices, Inc., in order to solidify interpretation of § 1782's latest rendition, a 1964 congressional revision. Unfortunately, in expanding the accepted scope of § 1782, the Court created new ambiguity, especially in how the statute should relate to …

Go to article

Disaster Basics: The Life Cycle Of A Disaster And The Role Of Conflict Resolution Professionals, Linda Baron Jan 2008

Disaster Basics: The Life Cycle Of A Disaster And The Role Of Conflict Resolution Professionals, Linda Baron

Cardozo Journal of Conflict Resolution

When things go wrong, we call it a problem and mediators may be called in to help parties affected by the problem work things out. When things go terribly wrong, we call it a disaster, and conflict resolution professionals can use their experience, abilities, and skills to help the individuals, families, businesses, communities, and public agencies in the aftermath.

Go to article

Practical Insights From An Empirical Study Of Cooperative Lawyers In Wisconsin, John M. Lande Jan 2008

Practical Insights From An Empirical Study Of Cooperative Lawyers In Wisconsin, John M. Lande

Faculty Publications

This article reports on a study of members of the Divorce Cooperation Institute (DCI), a group of Wisconsin lawyers who use a "Cooperative" process to provide a constructive and efficient negotiation process in divorce cases. The study involved in-depth telephone interviews and several surveys of DCI members. Although DCI members use this process only in divorce cases, it can be readily adapted for other types of cases.DCI's approach generally involves an explicit process agreement at the outset, based on principles of: (1) acting civilly, (2) responding promptly to reasonable requests for information, (3) disclosing all relevant financial information, (4) obtaining …

Go to article

The Movement Toward Early Case Handling In Courts And Private Dispute Resolution, John M. Lande Jan 2008

The Movement Toward Early Case Handling In Courts And Private Dispute Resolution, John M. Lande

Faculty Publications

This article identifies early case handling (ECH) as an important general phenomenon in dispute system design theory and practice, catalogs the major ECH processes, and urges practitioners and policymakers to encourage use of and experimentation with ECH processes when appropriate.The key element of ECH is that people intentionally exercise responsibility for handling the case from the outset. ECH processes in courts include early case management procedures, differentiated case management systems, early neutral evaluation, and other early alternative dispute resolution (ADR) processes. ECH in the private sector includes ADR pledges and contract clauses, early case assessment and ADR screening protocols, settlement …

Go to article

Disaster Mediation: Lessons In Conflict Coordination And Collaboration, Mel Rubin Jan 2008

Disaster Mediation: Lessons In Conflict Coordination And Collaboration, Mel Rubin

Cardozo Journal of Conflict Resolution

All of us have been affected by disasters, either directly or indirectly. Although natural and manmade disasters have occurred throughout history, the size and scale of future disasters will surely reach regional, national and international proportions. Indeed, there is now and forevermore a disaster industry, in which Alternative Dispute Resolution (ADR) professionals will certainly play an important role.

Go to article

Taking Stock: Adr Responses In Post-Disaster Situations, Maria R. Volpe Jan 2008

Taking Stock: Adr Responses In Post-Disaster Situations, Maria R. Volpe

Cardozo Journal of Conflict Resolution

As the use of innovative dispute resolution processes becomes more widespread and diverse, it is understandable and perhaps even inevitable that dispute resolvers will continue to explore ways to apply their knowledge, skills, and expertise in new and challenging settings. One of the contexts that dispute resolvers have paid increasing attention to since September 11th has been post-disaster situations. Despite this observation, however, dispute resolution experts continue to struggle with how to respond. While many professions, particularly those which provide emergency or essential rescue, evacuation, recovery, relocation, repair, rebuilding, and survival-related services have readily identified roles in post disaster situations, …

Go to article

First Prev Next Last