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Dispute Resolution and Arbitration Commons™

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Articles 6661 - 6690 of 7742

Full-Text Articles in Dispute Resolution and Arbitration

Legal Consequences Of Apologizing, Peter H. Rehm, Denise R. Beatty Jan 1996

Legal Consequences Of Apologizing, Peter H. Rehm, Denise R. Beatty

Journal of Dispute Resolution

This article discusses the legal consequences of saying you are sorry, whether as an apology or an expression of sympathy. It discusses questions such as whether an apology is understood to be an admission of guilt, whether an apology fulfills any elements of a tort, how an apology can be useful for avoiding litigation, how an expression of sympathy should be worded to minimize the possibility that it could be misunderstood to be an admission of guilt, and why someone who is guilty of some error should apologize without concern that this would make their situation worse. It analyzes various …

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Who's Watching Out For The Children - Making Child Custody Determinable By Binding Arbitration - Dick V. Dick, Barbara E. Wilson Jan 1996

Who's Watching Out For The Children - Making Child Custody Determinable By Binding Arbitration - Dick V. Dick, Barbara E. Wilson

Journal of Dispute Resolution

"Many is the custody case which almost seems to outlive the parents .... To remedy this problem, many members of the legal profession advocate greater utilization of arbitration to include determination of child custody.' As state courts struggle to incorporate and interpret the Uniform Arbitration Act ("UAA") into child custody case law, the Dick case stands as the latest decision demonstrating the advantages and pitfalls of using binding arbitration to resolve custody disputes.

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Arbitrator's Jurisdiction To Determine Arbitrability Of Labor Disputes Under Public Sector Collective Bargaining Agreements: Is The Arbitrator's Jurisdiction To Decide Arbitrability In The First Instance The Worst Of Both Worlds - Mclaughlin V. Chester Upland School District, An, Brian D. Kennedy Jan 1996

Arbitrator's Jurisdiction To Determine Arbitrability Of Labor Disputes Under Public Sector Collective Bargaining Agreements: Is The Arbitrator's Jurisdiction To Decide Arbitrability In The First Instance The Worst Of Both Worlds - Mclaughlin V. Chester Upland School District, An, Brian D. Kennedy

Journal of Dispute Resolution

The general rule permitting pre-arbitration adjudication of arbitrability has been criticized as an invitation to forum-shopping and a "race to the courthouse," an unnecessary obstacle to expeditious resolution of labor disputes,6 and a bad faith attempt by one party (usually the employer) to breach a contractual commitment to arbitration.7 Overruling a number of its own precedents following this majority rule, the Commonwealth Court of Pennsylvania recently held in McLaughlin v. Chester Upland School District that an arbitrator has the sole and exclusive jurisdiction in the first instance to decide the arbitrability of a labor dispute arising out of a public …

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Mandatory Arbitration Of Title Vii Claims: A New Approach - Prudential Insurance Co. Of America V. Lai, Catherine Chatman Jan 1996

Mandatory Arbitration Of Title Vii Claims: A New Approach - Prudential Insurance Co. Of America V. Lai, Catherine Chatman

Journal of Dispute Resolution

Many employees sign arbitration agreements as part of the hiring process. Often, these agreements are standardized forms composed by an employer or industry, and presented to the prospective employee as yet another form essential to employment. When the dispute that arises involves Title VII claims, should the employee be compelled to arbitrate those claims? This note examines one court's approach to safeguarding judicial resolution of Title VII claims, as well as alternative approaches.

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Models Of Quality For Third Parties In Alternative Dispute Resolution, Carole Silver Jan 1996

Models Of Quality For Third Parties In Alternative Dispute Resolution, Carole Silver

Articles by Maurer Faculty

No abstract provided.

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Mediation And The Americans With Disabilities Act, Ann C. Hodges Jan 1996

Mediation And The Americans With Disabilities Act, Ann C. Hodges

Law Faculty Publications

This Article will analyze the potential uses of mediation in ADA disputes, focusing primarily on employment issues. Part II of the Article provides a description and analysis of the mediation process. Part III provides an overview of the ADA. Part IV examines the dispute resolution provisions of the ADA and both the current and proposed uses of alternative dispute resolution. Finally, Part V analyzes the use of mediation in ADA cases and recommends appropriate uses of mediation that will effectuate the purpose of the statute.

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Reflections Of Judicial Adr And The Multi-Door Courthouse At Twenty: Fait Accompli, Failed Overture, Or Fledgling Adulthood, Jeffrey W. Stempel Jan 1996

Reflections Of Judicial Adr And The Multi-Door Courthouse At Twenty: Fait Accompli, Failed Overture, Or Fledgling Adulthood, Jeffrey W. Stempel

Scholarly Works

Like any trend, ADR has its skeptics and even some opponents. Considerable debate exists regarding the degree to which the increasing ADRization of traditionally judicial activity amounts to triumph or tragedy, a point well-illustrated by the past Schwartz Lectures. In the 1993 Schwartz Lecture, Professor Laura Nader described the ADR movement as a byproduct of society's attempt to suppress or conceal uncomfortable conflicts. In the 1994 Lecture, Professor Judith Resnik essentially concluded that the modern ADR movement has brought a regrettable de facto closing of the court house (or at least raised barriers to entry) and replaced reflective decision-making about …

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Panacea Or Corporate Tool?: Debunking The Supreme Court's Preference For Binding Arbitration, Jean R. Sternlight Jan 1996

Panacea Or Corporate Tool?: Debunking The Supreme Court's Preference For Binding Arbitration, Jean R. Sternlight

Scholarly Works

This article examines the increasing use of contracts of adhesion in which companies require consumers, employees, franchisees and other "little guys" to submit disputes with the company to binding arbitration. The article argues that the Supreme Court's current preference for such agreements is not statutorily well-founded. Specifically, it contends that the Federal Arbitration Act was not intended to make such agreements binding on unknowing consumers or employees. Turning next to policy analysis, the article asserts that the Supreme Court has erred in expressing a preference for binding arbitration in cases where such arbitration was not knowingly and voluntarily accepted by …

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Terrorism And Hostages In International Law: A Commentary On The Hostages Convention 1979, Christopher L. Blakesley Jan 1996

Terrorism And Hostages In International Law: A Commentary On The Hostages Convention 1979, Christopher L. Blakesley

Scholarly Works

In this piece, Professor Blakesley reviews “Terrorism and Hostages in International Law: A Commentary on the Hostages Convention 1979” by Joseph J. Lambert.

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Bootstrapping And Slouching Toward Gomorrah: Arbitral Infatuation And The Decline Of Consent, Jeffrey W. Stempel Jan 1996

Bootstrapping And Slouching Toward Gomorrah: Arbitral Infatuation And The Decline Of Consent, Jeffrey W. Stempel

Scholarly Works

The Seventh Amendment to the Constitution preserves for litigants a right to a jury trial in actions at law. The right to a jury trial does not attach for equitable actions, but in cases presenting claims for both legal and equitable relief a right to a jury trial exists for common questions of fact. Although many modern statutes and claims did not exist in 1791, the Amendment has been interpreted to require a jury trial of statutory claims seeking monetary damages, the classic form of legal relief, so long as there is a relatively apt analogy between the modern statutory …

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A Call For Public Participation In State Voluntary Remediation Programs: Strategies For Promoting Public Involvement Opportunities In Virginia, Stacie A. Craddock Jan 1996

A Call For Public Participation In State Voluntary Remediation Programs: Strategies For Promoting Public Involvement Opportunities In Virginia, Stacie A. Craddock

University of Richmond Law Review

There is a growing environmental problem in the United States with contaminated property which is left abandoned or underused. These properties are commonly known as "brownfields."' The type or extent of the contamination may vary from site to site. The types of waste could include hazardous, solid, or petroleum waste components; and the extent of the contamination may be minimal, severe, or even unknown. In 1995, the Congressional Office of Technology Assessment reported that the number of sites that currently remain contaminated are estimated to range from "tens of thousands to 450,000 sites."

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Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine V.W. Stone Jan 1996

Mandatory Arbitration Of Individual Employment Rights: The Yellow Dog Contract Of The 1990s, Katherine V.W. Stone

Cornell Law Faculty Publications

No abstract provided.

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Resolving Disputes Over Financial Management Of Athletes: English And American Experiences, James A.R. Nafziger Jan 1996

Resolving Disputes Over Financial Management Of Athletes: English And American Experiences, James A.R. Nafziger

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

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Pilot Study On Marital Power As An Influence In Division Of Pension Benefits At Divorce Of Long Term Marriages, A, Joan M. Krauskopf, Sharon Burgess Seiling Jan 1996

Pilot Study On Marital Power As An Influence In Division Of Pension Benefits At Divorce Of Long Term Marriages, A, Joan M. Krauskopf, Sharon Burgess Seiling

Journal of Dispute Resolution

The Hewlett Foundation on Dispute Resolution funded a small pilot project designed by the authors to explore whether the hypothesis might be true and to determine a methodology for more extensive research. This article explains the applicable law, aspects of power in negotiation, the research methodology, and the tentative findings from the project.

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Retroactive Application Of Rule Changes: Arbitration Agreements May Be Circumvented - Nielsen V. Greenwood, Douglas M. Worley Jan 1996

Retroactive Application Of Rule Changes: Arbitration Agreements May Be Circumvented - Nielsen V. Greenwood, Douglas M. Worley

Journal of Dispute Resolution

From early historical jurisprudence, courts have recognized the "timeless and universal human appeal"2 of the presumption against the retroactive application of newly enacted statutes and rules. This principle, as a result, has perpetually been "a solid foundation of American law."3 In Nielsen, however, the court challenged this principle and retroactively applied a National Association of Security Dealer's ("NASD") rule change barring any agreements to arbitrate putative class actions.4 Effectively distinguishing this case from precedent which arrived at a different result, the Nielsen decision remains consistent with relevant precedent and, significantly, does not violate fundamental notions of justice.

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Amazon Burning And The World Bank: Lessons From The Second World Bank Inspection Panel Claim, David Hunter Jan 1996

Amazon Burning And The World Bank: Lessons From The Second World Bank Inspection Panel Claim, David Hunter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Table Of Contents - Issue 2 Jan 1996

Table Of Contents - Issue 2

Journal of Dispute Resolution

No abstract provided.

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Crisis Intervention For Legal Counselors, Brian Easton Jan 1996

Crisis Intervention For Legal Counselors, Brian Easton

Journal of Dispute Resolution

To assume clients phone for legal appointments with mere problems is to negate the initial thrust that propels the need for legal advice. A crisis is often this propelling factor, and an attorney must be able to understand, act from a knowledgeable position, empathize and know the legal and nonlegal implications facing the client. To be stationary, aloof, or combative when a client's situation roars toward a crisis peak, is to fail as a legal counselor.

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Negotiation As A Healing Process, Gerald R. Williams Jan 1996

Negotiation As A Healing Process, Gerald R. Williams

Journal of Dispute Resolution

Beginning in the late 1970's and continuing even today, there has been intense criticism in the media and elsewhere that Americans are too litigious, that people and institutions are too frequently going to court against one another. While the criticism may be partly merited, when considered from a more personal perspective, what seems remarkable is not how much litigation there is, but how little. For example, most members of society suffer harms, inconvenienses, and injustices that infringe on their legal rights and could be, if they chose, grounds for legal action. Most individuals recognize, however, that if they made a …

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Law Office As Indicator And Amplifier Of Professional Status, The, Fred I. Williams Jan 1996

Law Office As Indicator And Amplifier Of Professional Status, The, Fred I. Williams

Journal of Dispute Resolution

The following pages contain a detailed discussion of law office design as an indicator, even amplifier, of professional status and lawyer-client relations. Section II examines the effect that office design can play in defining the lawyer's relationship with clients and other visitors to the office. Section Il discusses the power of office design in properly marking the lawyer's office as a professional domain. Finally, Section IV concludes that office decor is an effective communicator of professional status and can be an effective tool for the lawyer in forming the professional persona.

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Building Consensus For Racial Harmony In American Cities: A Case Model Approach, Wallace Warfield Jan 1996

Building Consensus For Racial Harmony In American Cities: A Case Model Approach, Wallace Warfield

Journal of Dispute Resolution

This article uses an informal case model approach to discuss the importance of understanding the role of consensus in the resolution of interracial conflict. As well, the article offers an elaboration on the classic mediation model as a way of enriching the technology of intervention.

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Harvesters: Alternatives To Judicial Intervention In Medical Treatment Decisions, Karen A. Butler Jan 1996

Harvesters: Alternatives To Judicial Intervention In Medical Treatment Decisions, Karen A. Butler

Journal of Dispute Resolution

This article will examine the problem of making medical decisions for those who cannot decide for themselves. Current models of decision making will be examined as well as various proposals for alternative dispute resolution. A proposed New York model will be examined in detail. As America enters the twenty-first century, it is imperative that its citizens formulate mechanisms of dispute resolution that protect the rights of the incompetent patients to dignity and autonomy when such persons are seriously ill and unable to decide for themselves. Alternative forms of dispute resolution may be superior to judicial intervention in meeting the needs …

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Scope Of Review For Orders Confirming, Vacating, Or Modifying Arbitral Awards: An End To Deferential Standards - First Options Of Chicago, Inc. V. Kaplan, Michael G. Munsell Jan 1996

Scope Of Review For Orders Confirming, Vacating, Or Modifying Arbitral Awards: An End To Deferential Standards - First Options Of Chicago, Inc. V. Kaplan, Michael G. Munsell

Journal of Dispute Resolution

Congressional intent to make arbitration a viable alternative to traditional litigation is codified in the Federal Arbitration Act ("FAA"). Although the FAA and the subsequent case law have settled most questions about the details of the arbitration process, the United States Supreme Court in First Options took up the narrow issue of what standard of review should be used by an appellate court reviewing a district court decision vacating, confirming or modifying an arbitrator's order.' Facing the Court were two competing policies: the Court's own policy of keeping standards of review simple and rational against the Congressional policy of assuring …

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Representing The Unrepresented In Class Action Settlements, Brian Wolfman Jan 1996

Representing The Unrepresented In Class Action Settlements, Brian Wolfman

Georgetown Law Faculty Publications and Other Works

Class actions are important and useful both to deter wrongful conduct and to provide compensation for injured plaintiffs. In complex cases, however, the existing class action structure falters. In this article, Messrs. Wolfman and Morrison argue that in "settlement class actions" the current class action rules do not adequately protect class members whose interests do not coincide with those of the class representatives and the class attorneys. Through a survey of recent, prominent settlement class actions, the authors show that the current system does not fairly treat subgroups in a class with respect to matters as diverse as future injury, …

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Arbitration: Back To The Future, Theodore J. St. Antoine Jan 1996

Arbitration: Back To The Future, Theodore J. St. Antoine

Other Publications

A strong new ideological current is sweeping through much of the Western World. At one extreme it manifests itself as a deep distrust of big government. In more modest form, it is a sense of skepticism or disillusionment about the capacity of big government to deal effectively with the problems confronting our society. In continental Europe today there is much talk of the principle of "subsidiarity," the notion that social and economic ills should be treated at the lowest level feasible, usually the level closest to the people directly affected. In the United States there is much talk of "privatization," …

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Dispute Resolution Under The Americans With Disabilities Act: A Report To The Administrative Conference Of The United States, Ann C. Hodges Jan 1996

Dispute Resolution Under The Americans With Disabilities Act: A Report To The Administrative Conference Of The United States, Ann C. Hodges

Law Faculty Publications

Congress passed the Americans With Disabilities Act ("ADA") in 1990 and it became effective in 1992.The statute prohibits discrimination against individuals with disabilities by employers, state and local governments, and public accommodations. With more than two years experience under the statute, an assessment of the effectiveness of the dispute resolution procedures is appropriate. This Article begins with a brief overview of the statute, including an analysis of the dispute resolution procedure under each title. The report then discusses the effectiveness of existing dispute resolution procedures. Finally the report makes recommendations for improving the dispute resolution procedures, including a specific recommendation …

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The Trouble With The Adversary System In A Postmodern, Multicultural World, Carrie Menkel-Meadow Jan 1996

The Trouble With The Adversary System In A Postmodern, Multicultural World, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

In this Essay I suggest the heretical notion that the adversary system may no longer be the best method for our legal system to deal with all of the matters that come within its purview. If latetwentieth century learning has taught us anything, it is that truth is illusive, partial, interpretable, dependent on the characteristics of the knowers as well as the known, and, most importantly, complex. In short, there may be more than just two sides to every story. The binary nature of the adversary system and its particular methods and tactics often may thwart some of the essential …

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Globalisation Of Contract Law: Rules For Commercial Contracts In The 21st Century, Whitmore Gray Jan 1996

Globalisation Of Contract Law: Rules For Commercial Contracts In The 21st Century, Whitmore Gray

Articles

This is a paper given at the Asia-Pacific Lawyers Association meeting held in Bangkok in November 1995. The author describes the principles of international commercial contracts published in 1994 by the International Institute for the Unification of Private Law. Professor Gray sees a new era of harmonisation of contract law. An appendix gives an abstract of a contract law decision given by an Austrian Court in 1994.

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Evidence: Facing The Hardest Issues, Oregon Law Institute, Paula A. Barran, Laird C. Kirkpatrick, Christopher B. Mueller Nov 1995

Evidence: Facing The Hardest Issues, Oregon Law Institute, Paula A. Barran, Laird C. Kirkpatrick, Christopher B. Mueller

Oregon Law Institute, 1995

Course Materials from the November 17, 1995 Program in Portland

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Due Process Review Under The Railway Labor Act, Christopher L. Sagers Nov 1995

Due Process Review Under The Railway Labor Act, Christopher L. Sagers

Michigan Law Review

This Note contends that the RLA prohibits due process review and further argues that such a result is constitutional. Part I examines the statutory language of the RLA itself and contends that it limits district court review to the three statutory grounds. Part II argues that the Supreme Court's opinion in Sheehan reaffirms this interpretation because the Court's language unmistakably conveys an intent to bar due process review. Part III explains that such a limitation does not violate the Constitution. The only constitutional provision that could be implicated in an RLA proceeding, the right of procedural due process, is protected …

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