Dispute Resolution and Arbitration Commons^™

Re Aliant Telecom Inc And Ac & Twu, Innis Christie

Innis Christie Collection

Policy Grievance 01-05 dated November 8, 2001 concerning the Contracting Out of Internet Member Services — Internet Dial Help Desk, which the Union alleges is contrary to Letter of Intent, Appendix E to the Common Part of the Collective Agreement between the Employer and the Union effective January 1, 1999 January 1, 2002, which the parties agree is the Collective Agreement applicable here. At the outset of the hearing, the parties agreed that I am properly seized of this matter and have jurisdiction to grant interim relief.

Re Nova Scotia Liquor Corp And Nsgeu, Local 470, Innis Christie

Innis Christie Collection

This is a consent award. The parties are agreed that the Employer breached the Agreement by not posting full-time jobs in the warehouse.

The Employer agrees to post seven (7) full-time warehouseman positions, and two (2) conditional warehouseman positions on or before December 14, 2001. The Union waives any right to claim entitlement to further warehouseman postings over the review periods spanning 1998 through 2001. The parties agree to make their best efforts to resolve issues in upcoming bargaining negotiations. Failing agreement on the meaning of the term "non-overlapping hours", either party may grieve its interpretation.

Re Canada Post Corp And Cupw (105-00-00010), Innis Christie

Innis Christie Collection

The Union claims that the Employer has breached the Agreement by creating another part-time walk (walk 51) when it would have been practicable, as required by the Agreement, to combine part-time walks to create a full-time walk. The Union seeks an order that the Employer combine walk 51 with other part-time walks in order to create a full-time walk, and compensate any employees who have lost rights, earning and benefits from its failure to do so heretofore.

Re Canada Post Corp And Cupw (105-00-00003), Innis Christie

Innis Christie Collection

The Union alleges that the Employer violated the Agreement by failing to provide the Union with the results of the five day count taken September 22-29, 1999. The Union 's original request on remedy was an order that the results be provided. However, since the hearing took place more than two years after the count, the Union now asks that the Employer be ordered to conduct another five day count within one month of the award. The Union asks that the Arbitrator remain seized of the matter should the parties be unable to agree on monetary remedy.

Book Review: A Guide To Arbitration Practice In Australia, Nadja Alexander

Research Collection Yong Pung How School Of Law

No abstract provided.

Making It Up As They Go Along: The Role Of Law In Securities Arbitration, Barbara Black, Jill I. Gross

Cardozo Law Review

No abstract provided.

Re Canada Post Corp And Cupw (N00-00-00008), Innis Christie

Innis Christie Collection

The parties have requested a declaratory judgement interpreting Article 20.10 of the Agreement, respecting deduction of sick leave credit. The Union takes the position that the Article applies to employees classified as full-time but only working part of the day due to participation in a work-hardening program or because of a disability being accommodated by the Employer. The Employer's position is that the provision is only intended to apply to absences for part of a full- time shift because of unexpected onset of illness during the shift.

Re Health Care Corp Of St. John's And Nape, Innis Christie, G Butler, D Hurley

Innis Christie Collection

Union policy grievance dated August 13, 1999, alleging breach of Articles 2, 3.08 and 22 of the Collective Agreement between the Employer and the Union signed June 2, 1998, with expiry date March 31, 2000, in that in a Memorandum to "All Employees" dated August 11, 1999 the Employer announced the introduction of a new Functional Assessment Form to be used by all employees seeking permission to be absent on sick leave in accordance with Article 22. Since February 1, 2000 the Functional Assessment Form, referred to by the parties as the "FAF", has in fact been required in a …

Dispute Resolution In A World Of Uncertainty: A Symposium Introduction, Robert M. Ackerman

Law Faculty Research Publications

No abstract provided.

Disputing Together: Conflict Resolution And The Search For Community, Robert M. Ackerman

Law Faculty Research Publications

No abstract provided.

Current Issues In International Arbitration, Michael P. Malloy

McGeorge School of Law Scholarly Articles

No abstract provided.

Creating A Market For Justice; A Market Incentive Solution To Regulating The Playing Field: Judicial Deference, Judicial Review, Due Process, And Fair Play In Online Consumer Arbitration, Llewellyn Joseph Gibbons

Northwestern Journal of International Law & Business

Swindlers, purveyors of substandard products or services, and honest traders unable to perform their agreements can access the global market as easily as legitimate and capable businesses. The impersonal nature of e-commerce makes it more difficult for traders to discern a merchant or transaction that will not satisfy their expectations. This article analyzes procedural due process concerns as an element of arbitration in online dispute resolution ("ODR") in business-to-consumer ("B2C") e-commerce. B2C e-commerce will be worth an estimated $250 billion by the end of 2003, but one factor hindering its growth is the lack of effective dispute resolution. For reasons …

Contextualizing Adr In Managed Care: A Proposal Aimed At Easing Tensions And Resolving Conflict, Kathy L. Cerminara

Loyola University Chicago Law Journal

No abstract provided.

Mediation And Medicare Part A Provider Appeals: A Useful Alternative, Kathleen Scully-Hayes

Journal of Health Care Law and Policy

No abstract provided.

Mediating Disputes In Managed Care: Resolving Conflicts Over Covered Services, Nancy Neveloff Dubler

Journal of Health Care Law and Policy

No abstract provided.

International Commercial Arbitration In Cyberspace: Recent Developments, Ljiljana Biukovic

Northwestern Journal of International Law & Business

This article examines some features of virtual arbitration and argues that the use of new technology and the development of e-commerce raise some interesting questions to international arbitration laws. Part It describes initiatives to develop online dispute resolution. Part III discusses virtual dispute resolution centers, including, how, why, and where they function. More importantly, however, Part III investigates the differences between online and off-line arbitration, where the focus remains on three questions. The first question is a crucial one. It has been debated by scholars and practitioners but still remains unresolved: will arbitration agreements concluded online and arbitration awards rendered …

Knowledge, Legitimacy, Efficiency And The Institutionalization Of Dispute Settlement Procedures At The World Trade Organization And The World Intellectual Property Organization, Michael P. Ryan

Northwestern Journal of International Law & Business

International legal research regarding international economic dispute settlement tends to be a-theoretical. A theoretically-grounded analytic framework is employed in this article which draws from scholarship from political science, sociology, and economics regarding institutions and international governmental organizations. The knowledge-legitimacy-efficiency analytic framework is applied in this article to studies of General Agreement on Tariffs and Trade (GA TT)/World Trade Organization (WTO) dispute settlement in order to relate this relevant scholarship to the economic field under primary study, Internet domain names. GA TT/WTO knowledge regarding international trade law has thickened through multi-lateral trade negotiations and dispute settlement decisions. The WTO's legitimacy is …

Ending A Mud Bowl: Defining Arbitration’S Finality Through Functional Analysis, Amy J. Schmitz

Faculty Publications

The Federal Arbitration Act (FAA) and Uniform Arbitration Act (UAA), on the state level, prescribe a nearly identical procedural and remedial scheme for promoting independent, self-contained arbitration. To that end, both acts curtail courts' review of arbitration awards, by limiting the grounds for vacating awards to those aimed at ensuring only basic procedural fairness. Nonetheless, seemingly "pro-arbitration" impulses have driven some courts' eager application, or misapplication, of the FAA/UAA statutory scheme to enforce dispute resolution agreements that reject the acts' limited review prescriptions. This Article tackles this arguable abuse of the FAA/UAA scheme, by proposing a functional analysis for defining …

Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John M. Lande

Faculty Publications

This article discusses what can be done to promote productive behavior in mediation and reduce bad conduct. Although most participants do not abuse the mediation process, some people use mediation to drag out litigation, gain leverage for later negotiations, and generally wear down the opposition. Rules requiring good-faith participation are likely to be ineffective and possibly counterproductive. This article proposes using dispute system design principles to develop policies satisfying the interests of stakeholders in court-connected mediation programs. After outlining important interests of key stakeholder groups, including litigants, attorneys, courts, and mediators, the Article describes specific policies that could satisfy their …

Health Plan Internal Consumer Dispute Resolution Practices: Highlights From A National Study, Naomi Karp, Erica Wood

Journal of Health Care Law and Policy

No abstract provided.

Confidential From General Counsel To Ceo:"I'M Fed Up, And We're Not Going To Take This Anymore!", Karl A. Slaikeu, Diane W. Slaikeu

Journal of Health Care Law and Policy

No abstract provided.

Managing Conflict In An Urban Health Care Setting: What Do "Experts" Know?, Kenneth Kressel, Cheryl Ann Kennedy, Elise Lev, Louise Taylor

Journal of Health Care Law and Policy

No abstract provided.

A Culture Of Conflict: Lessons From Renegotiating Health Care, Leonard J. Marcus

Journal of Health Care Law and Policy

No abstract provided.

Negotiations Goes To War, Charles J. Dunlap Jr., Paula B. Mccarron

Faculty Scholarship

No abstract provided.

Foreword, Edward R. Becker

Villanova Law Review (1956 - )

No abstract provided.

Alternative Dispute Resolution In The Entertainment Industry

Cardozo Journal of Conflict Resolution

No abstract provided.

Conflict In Health Care Organizations, Mary Etta C. Mills

Journal of Health Care Law and Policy

No abstract provided.

Fast, Cheap & Out Of Control: Lessons From The Icann Dispute Resolution Process, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

Some people have argued that the uniform dispute resolution process used by ICANN to resolve domain name disputes would be a good model for internet disputes generally. This article argues the opposite: the UDRP teaches sobering lessons about the consequences of privatized dispute resolution processes. The lessons include: the questionable legitimacy of privately-adopted substantive standards; the danger of unprincipled choice of law decisions to fill in the gaps in that private law; unreconciled splits among arbitrators as to the meaning of the standards; and a tendency to expand beyond the narrow jurisdictional limits of the policy. The UDRP also demonstrates …

Making It Up As They Go Along: The Role Of Law In Securities Arbitration, Barbara Black, Jill I. Gross

Elisabeth Haub School of Law Faculty Publications

What is the current role of the law in securities arbitration? Given the difficulties investors would encounter in pleading and proving their claims in court, they may well be better off in a system where less attention is paid to the law and more to the equities of the actual dispute before the arbitration panel. While this is not a system where accountability and predictability of results can be achieved, investors may, in fact, fare better than they might expect. It follows then that if equitable considerations enhance rather than subtract from investors' chances of recovery, then investors need not …

Alternatives To Economic Sanctions, Christine M. Chinkin

Book Chapters

Considering the merits of non-coercive alternatives to economic sanctions inevitably risks the charges of idealism and naIvete. However a number of speakers in this conference have raised considerable doubts about the efficacy of sanctions: even on their own terms sanctions rarely work and the material costs to non-targeted states and the implications for human rights make their justification problematic, even when they can in some sense be said to have worked. It therefore makes sense at least to give consideration to some non- coercive alternatives, either in conjunction with sanctioning policies or separate from them. The other alternative is the …