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Articles 6271 - 6300 of 7742

Full-Text Articles in Dispute Resolution and Arbitration

Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P, Love Jul 2000

Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P, Love

Journal of Dispute Resolution

The thesis of this essay is that when mediators try to resolve a controversy by providing their analysis fo the legal - or other- merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral's judgment, award or opinion to determine or jump-start a resolution. That add-on activity to mediation should be called by its proper name. This essay will not review the many reasons that a single neutral combining the roles of facilitator and evaluator is problematic, since that has been done extensively elsewhere.' Instead, in part one, we highlight …

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Evaluation And Facilitation: Moving Past Either/Or, Richard Birke Jul 2000

Evaluation And Facilitation: Moving Past Either/Or, Richard Birke

Journal of Dispute Resolution

In this essay, I argue that there is no such thing as a purely facilitative mediation of a legal dispute. Neither is there such a thing as a purely evaluative mediation of a legal dispute. Mediation of legal disputes is, by its nature, always facilitative and evaluative. The evaluative-facilitative divide is an artificial artifact of history. Following this introduction, I offer a brief description of the development of the field of legal mediation, and I attempt to place the Riskin grid in historical context. I then hope to push the debate toward a new moment, one in which all mediation …

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Identifying Real Dichotomies Underlying The False Dichotomy: Twenty-First Century Mediation In An Eclectic Regime, Jeffrey W. Stemple Jul 2000

Identifying Real Dichotomies Underlying The False Dichotomy: Twenty-First Century Mediation In An Eclectic Regime, Jeffrey W. Stemple

Journal of Dispute Resolution

Preparation for the University of Missouri's lecture on dispute resolution and consideration of commentary prompted additional thoughts on the issue and a more refined perspective on the issue of facilitation-versus-evaluation and its role in the continued development of modem ADR. Rather than attempt to fine-tune a completed article, this reply will address the additional perspectives as well as note points of distinct conflict or quibble with commentators. First, this reply provides some additional assessment framing the facilitative-evaluative debate as well as a modified brief in support of the legitimacy of some elements of evaluation in the eclectic mediation that is …

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Mediator's Privilege: Can A Mediator Be Compelled To Testify In A Civil Case - California Privilege Law Says Yes - Olam V. Congress Mortgage Co., The, Jennifer C. Bailey Jul 2000

Mediator's Privilege: Can A Mediator Be Compelled To Testify In A Civil Case - California Privilege Law Says Yes - Olam V. Congress Mortgage Co., The, Jennifer C. Bailey

Journal of Dispute Resolution

In the present case, Olain v. Congress, the United States District Court for the Northern District of California has, in a precedent-setting opinion, forced a mediator to testify in a subsequent civil procedure. 9 This Note will examine two recurring issues regarding mediation: first, the appropriate law to be applied when a case sits in federal court; and second, the history of the mediation privilege, the present state of the mediation privilege within the federal and state courts, and the consequences of the instant case.

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Arbitration And Its Collateral Estoppel Effect On Third Parties - Vandenberg V. Superior Court, Thurston K. Cromwell Jul 2000

Arbitration And Its Collateral Estoppel Effect On Third Parties - Vandenberg V. Superior Court, Thurston K. Cromwell

Journal of Dispute Resolution

This Note examines why California's supreme court chose not to allow judicially confirmed arbitration awards to apply to third parties. The court based its decision on the contract model of arbitration and determined that an agreement to arbitrate was not necessarily an agreement binding third parties. However, this decision undermines the credibility of the arbitration process and fails to consider the negative impact relitigation of issues will have on the California courts.

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How Level Is The Playing Field - Should Employers Be Able To Circumvent State Workers' Compensation Schemes By Creating Their Own Employee Compensation Plans - Strawn V. Afc Enterprises, D/B/A Church's Chicken, Nathan E. Ross Jul 2000

How Level Is The Playing Field - Should Employers Be Able To Circumvent State Workers' Compensation Schemes By Creating Their Own Employee Compensation Plans - Strawn V. Afc Enterprises, D/B/A Church's Chicken, Nathan E. Ross

Journal of Dispute Resolution

Disputes resulting from workplace incidents are consuming increasingly greater proportions of our courts' dockets.2 In recent years, "[e]mployment litigation has grown at a rate many times greater than litigation in general ... almost one thousand percent greater than the increase in all other types of civil litigation combined."3 Due to the unequal bargaining power employers possess over employees in these disputes, states have passed workers' compensation laws to level the playing field.' However, employers have chosen not to subscribe to their states' workers' compensation systems, but instead have created their own employee compensation plans.' In addition, these employer-created compensation plans …

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Apology And Organizations: Exploring An Example From Medical Practice, Jonathan R. Cohen Jun 2000

Apology And Organizations: Exploring An Example From Medical Practice, Jonathan R. Cohen

UF Law Faculty Publications

In this Article, I focus on injuries committed by members of organizations, such as corporations, and examine distinct issues raised by apology in the organizational setting. In particular, I consider: (i) the process of learning to prevent future errors; (ii) the divergent interests stemming from principal-agent tensions in employment, risk preferences and sources of insurance; (iii) the non-pecuniary benefits to corporate morale, productivity and reputation; (iv) the standing and scope of apologies; and (v) the articulation of policies toward injuries to others.

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Getting The Faith: Why Business Lawyers And Executives Believe In Mediation, John M. Lande Apr 2000

Getting The Faith: Why Business Lawyers And Executives Believe In Mediation, John M. Lande

Faculty Publications

Do you believe in mediation? That may seem like an odd question. Normally one thinks of ‘believing in‘ (or having faith in) things like magic, God, or the market. These are typically things that are beyond verifiable human knowledge (such as magic and God) and/or deeply held values (such as whether the market is a better mechanism than government for managing the flow of goods and services). At first blush, one might not think that mediation would fall into either category. There have been numerous empirical studies about many different aspects of mediation, so one can confidently say, for example, …

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Dispute Resolution In Cyberspace: Demand For New Forms Of Adr, Henry H. Perritt Jr. Mar 2000

Dispute Resolution In Cyberspace: Demand For New Forms Of Adr, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

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Re Farmers Co-Operative Dairy Ltd And Cep, Local 40n, Innis Christie Feb 2000

Re Farmers Co-Operative Dairy Ltd And Cep, Local 40n, Innis Christie

Innis Christie Collection

The Grievor claims that he was unjustly discharged, and seeks reinstatement with full compensation for lost pay and benefits. The Employer discharged the Grievor for failure to report to work or to call in, together with his history of failing to report to work. The issues are whether the Grievor's actions justified discipline, whether it was a culminating event, and what discipline, if any, should be substituted. The Union argues that the Collective Agreement stipulates circumstances under which an employee's disciplinary record becomes clean in Article 24 J, and that this is such a case, resulting in the Employer's inability …

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German Law Paves The Way For Mandatory Mediation, Nadja Alexander Feb 2000

German Law Paves The Way For Mandatory Mediation, Nadja Alexander

Research Collection Yong Pung How School Of Law

Effective as of 1 January 2000, the Federal Government of Germany has introduced legislation permitting all German states (Laender) to introduce mandatory court-connected mediation with respect to certain kinds of civil disputes.

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Ph.D. In Dispute Resolution Student Handbook, Nova Southeastern University Jan 2000

Ph.D. In Dispute Resolution Student Handbook, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.

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School Of Social And Systemic Studies Catalog 2000-2001, Nova Southeastern University Jan 2000

School Of Social And Systemic Studies Catalog 2000-2001, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.

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Alternative Dispute Resolution And The Potential For Gender Bias, Leigh S. Goodmark Jan 2000

Alternative Dispute Resolution And The Potential For Gender Bias, Leigh S. Goodmark

Faculty Scholarship

No abstract provided.

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Can Informed Consent Preserve The Integrity Of Mediation?, Maureen Laflin Jan 2000

Can Informed Consent Preserve The Integrity Of Mediation?, Maureen Laflin

Articles

No abstract provided.

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Preserving The Integrity Of Mediation Through The Adoption Of Ethical Rules For Lawyer-Mediators, Maureen Laflin Jan 2000

Preserving The Integrity Of Mediation Through The Adoption Of Ethical Rules For Lawyer-Mediators, Maureen Laflin

Articles

No abstract provided.

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Negotiating In The Shadow Of Outlaws:* A Problem-Solving Paradigm For Unconventional Opponents, Stephanie R. Nicolas Jan 2000

Negotiating In The Shadow Of Outlaws:* A Problem-Solving Paradigm For Unconventional Opponents, Stephanie R. Nicolas

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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International Commercial Arbitration: A Case Study Of The Areas Under Control Of The Palestinian Authority, Marshall J. Breger Jan 2000

International Commercial Arbitration: A Case Study Of The Areas Under Control Of The Palestinian Authority, Marshall J. Breger

Scholarly Articles

One necessary component to the success of the Israeli-Palestinian peace process is economic development and growth in the area under the control of the Palestinian Authority (PA). One of the principal requirements for economic growth, and quite possibly for the Palestinian Authority's economic survival, is foreign investment in the West Bank and Gaza (WBG). As they currently exist, laws concerning foreign investment in WBG are a quagmire. Indeed, it is a challenge for an investor to simply identify which law applies to which area, let alone to interpret the law. At the same time many of the protections often found …

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Religious Dimensions Of Mediation, F. Matthews-Giba Jan 2000

Religious Dimensions Of Mediation, F. Matthews-Giba

Fordham Urban Law Journal

This article takes an in-depth look at the religious roots of mediation, particularly emphasizing the influence of the Franciscan movement. It also discusses the religious roots of mediation in the United States, various strategies and styles of mediation, the religious motivation for settlement agreements, and multi-cultured mediation.

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Presidential Address: Contract Reading Revisited, Theodore J. St. Antoine Jan 2000

Presidential Address: Contract Reading Revisited, Theodore J. St. Antoine

Book Chapters

A quarter century ago, in a presentation at the Academy’s annual meeting, I used the phrase “contract reader” to characterize the role an arbitrator plays in construing a collective bargaining agreement. That two-word phrase may be the only thing I ever said before this body which has been remembered. Unfortunately, it is almost invariably misunderstood. Time and again members have reproached me: “What’s the big deal about contract reading, anyway? Isn’t it just the same as contract interpretation?” Or, more substantively scathing: “Do you really think, Ted, that all you have to do to interpret a labor agreement is to …

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International Commercial Arbitration And Information Technology, Ganesh Chandru Jan 2000

International Commercial Arbitration And Information Technology, Ganesh Chandru

Student Works (2000-2009)

The thesis is divided into six chapters and it endeavors to describe the interface between International Commercial Arbitration and Information Technology. The use of computers, e-mail, online conferences and the Internet have two-fold impact on arbitration. On the one hand it sets new standards in International Commerce. Electronic Commerce is an example. Intellectual Property issues also arise over the Internet. The issues at stake with respect to arbitration are, can arbitration be a means of dispute resolution in this context? After a general introduction in the first chapter, the kinds of disputes that may arise over Internet and in Electronic …

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Public Policy Defense In International Commercial Arbitration, Mingqiang Qian Jan 2000

Public Policy Defense In International Commercial Arbitration, Mingqiang Qian

LLM Theses and Essays

The purpose of this thesis is to examine how public policy defense functions in international commercial arbitration and whether it will block the development of international commercial arbitration. Chapter II deals with the role of public policy in international private law. This chapter examines the origins of public policy in common law countries and its functions in international private law. It is difficult to evaluate public policy as a precise concept because of its relative nature. Nevertheless, to limit its application in international private law, legal scholars have tried to clarify differences between domestic public policy, international public policy, and …

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Toward More Sophisticated Mediation Theory, John M. Lande Jan 2000

Toward More Sophisticated Mediation Theory, John M. Lande

Faculty Publications

In the lead article in this symposium, Professor Jeffrey Stempel provides a very thoughtful analysis of the mediation field. He focuses on the debate over facilitative and evaluative mediation and he is critical of many of the arguments made by proponents of facilitative mediation. I have expressed some similar concerns, and I generally agree with his analysis (with a quibble here and there). I do think that the facilitation-evaluation debate has been productive (though admittedly wearisome), and that proponents of facilitative mediation deserve more credit than he gives them in his article.

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Constitutional Gravity: A Unitary Theory Of Alternative Dispute Resolution And Public Civil Justice, Richard C. Reuben Jan 2000

Constitutional Gravity: A Unitary Theory Of Alternative Dispute Resolution And Public Civil Justice, Richard C. Reuben

Faculty Publications

Under the traditional bipolar model, civil dispute resolution is generally divided into two spheres: trial, which is public in nature and therefore subject to constitutional due process, and alternative dispute resolution (ADR), which is private in nature and therefore not subject to such constraints. In this article, Professor Richard Reuben proposes a unitary understanding of public civil dispute resolution, one that recognizes that ADR is often energized by state action and thus is constitutionally required to comply with minimal but meaningful due process standards. Depending upon the process, such standards might include the right to an impartial forum, the right …

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The Role Of Dispute Settlement In World Trade Law: Some Lessons From The Kodak-Fuji Dispute, John Linarelli Jan 2000

The Role Of Dispute Settlement In World Trade Law: Some Lessons From The Kodak-Fuji Dispute, John Linarelli

Scholarly Works

No abstract provided.

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Variations In Mediation: How - And Why - Legal Mediators Change Styles In The Course Of A Case, Dwight Golann Jan 2000

Variations In Mediation: How - And Why - Legal Mediators Change Styles In The Course Of A Case, Dwight Golann

Journal of Dispute Resolution

I will seek to show in this article that professional legal mediators in fact use a variety of styles, and that they change their approach constantly during a single mediation, even within a single meeting with a disputant. I will argue that these stylistic changes are the norm rather than the exception in the mediation of civil legal disputes and that the use of evaluative techniques is also frequent, even among those mediators who favor a broad, facilitative approach. Finally, I will describe the contrasting styles that the filmed mediators used in the same dispute and argue that these variations …

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Adr Research At The Crossroads, Deborah R. Hensler Jan 2000

Adr Research At The Crossroads, Deborah R. Hensler

Journal of Dispute Resolution

One of the remarkable aspects of the ADR movement is the empirical research that it has engendered. The granddaddy of court-administered alternative dispute resolution--the pretrial settlement conference--was the occasion for the first experimental study of an innovative legal procedure.' Small claims courts--another early alternative to full-fledged litigation--were put under the microscope in the 1960s.' Over the years, a host of empirical studies on the adoption, implementation and consequences of court ADR programs has been published.'

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Concern Over Confidentiality In Mediation - An In-Depth Look At The Protection Provided By The Proposed Uniform Mediation Act, The, Mindy D. Rufenacht Jan 2000

Concern Over Confidentiality In Mediation - An In-Depth Look At The Protection Provided By The Proposed Uniform Mediation Act, The, Mindy D. Rufenacht

Journal of Dispute Resolution

This Comment will investigate the historical problems with confidentiality in mediation and evaluate the Proposed Uniform Mediation Act's (hereinafter "U.M.A." or "Act") approaches to remedying confidentiality issues. The reader should carefully note that the Uniform Mediation Act is in an on-going drafting phase at this time, and the content of the Act's drafts discussed herein are not final and are for discussion purposes only. This Comment's discussion will cover confidentiality in disclosure with respect to parties, waiver, and a mediator's duty of non-disclosure. This Comment will also compare the mechanisms the U.M.A. has put in place to govern confidentiality to …

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Promoting The Best Interests Of Children Whose Parents Are Divorcing: The Next Steps For Arkansas, Kenneth S. Gallant Jan 2000

Promoting The Best Interests Of Children Whose Parents Are Divorcing: The Next Steps For Arkansas, Kenneth S. Gallant

Law Faculty Scholarship

No abstract provided.

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Religious Dimensions Of Mediation, F. Matthews-Giba Jan 2000

Religious Dimensions Of Mediation, F. Matthews-Giba

Fordham Urban Law Journal

This article takes an in-depth look at the religious roots of mediation, particularly emphasizing the influence of the Franciscan movement. It also discusses the religious roots of mediation in the United States, various strategies and styles of mediation, the religious motivation for settlement agreements, and multi-cultured mediation.

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