Dispute Resolution and Arbitration Commons^™

Department Of Dispute Resolution M.S. Program Student Handbook 1995, Nova Southeastern University

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.

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

College of Arts, Humanities, and Social Sciences Course Catalogs

No abstract provided.

Mediation Of Industrial Commission Cases, Lex K. Larson

Campbell Law Review

This Article describes the North Carolina system of mediating Industrial Commission cases and discusses some of the important issues that are being faced. Where appropriate, North Carolina's system is placed in the context of what other states are doing.

International Commercial Arbitration In China: History, New Developments, And Current Practice, 28 J. Marshall L. Rev. 539 (1995), Ge Liu, Alexander Lourie

UIC Law Review

No abstract provided.

Mandatory Arbitration: Where It Has Gone And Where It Has To Go, David A. Lipton

Scholarly Articles

No abstract provided.

Representation Of Parties In Arbitration By Non-Attorneys, Constantine N. Katsoris

Fordham Urban Law Journal

The issue of the representation of clients in legal or quasi legal proceedings by non-attorneys has been a troubling one. Not only are such services being offered by non-attorneys in the form of transactional services, i.e., advising, drafting deeds and documents, etc., but has spread to actual representation of parties before administrative agencies. Moreover, as more and more disputes are being resolved through alternative dispute mechanisms, such as arbitration, non-attorneys are also representing clients in such proceedings in civil litigation-often involving complex issues and significant sums of money-against other litigants who are usually represented by skilled attorneys. The ABA recently …

Report Of The Securities Industry Conference On Arbitration On Representation Of Parties In Arbitration By Non-Attorneys

Fordham Urban Law Journal

The following is a Report prepared by the Securities Industry Conference on Arbitration ("SICA" or "Conference") concerning non-attorney representation in arbitration. The report is the result of a study, conducted by SICA over the past two years, on the practices and activities of individuals and organizations ("Non-Attorney Representatives" or "NARs") that provide public customers an alternative to representation by attorneys in disputes between customers and broker/dealers. The study was prompted by complaints concerning the quality of such representation; and, raised questions as to whether the activities of NARs constituted the unauthorized practice of law, and whether the interests of investors …

Arbitration Of Disputes Between Consumers And Financial Institutions: A Serious Threat To Consumer Protection, Mark E. Budnitz

Faculty Publications By Year

No abstract provided.

Symposium, Standards Of Professional Conduct In Alternative Dispute Resolution, Carol L. Izumi

Faculty Scholarship

No abstract provided.

Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love, Robert Moberly, Leonard Riskin, Edward Sherman

Articles

The Alternative Dispute Resolution Section of the Association of American Law Schools presented a program, at a 1995 AALS Conference, on current ethical issues that arise in mediation and how these issues should be addressed by the standards of professional conduct. The panel for the program was composed of leading mediation scholars and practitioners from throughout the country. The program was organized by Professor Edward Sherman who also acted as the panel moderator and provided the following introduction.

The World Trade Organization: A New Legal Order For World Trade?, Thomas J. Dillon Jr.

Michigan Journal of International Law

This article will describe in some detail the most dramatic modifications within the framework of the multilateral trading system designed to support the projected trade expansion, namely, the new organizational structure under the WTO and the new dispute settlement procedures. The article will evaluate these changes against the backdrop of the Bretton Woods System as originally conceived and will highlight the debate surrounding whether the nature of the trade regulating body ought to be adjudicatory or negotiatory. Finally, the author offers conclusions, perspectives, and comments regarding the future development of the world trading system.

Settlement Agreements And The Collateral Order Doctrine: A Step In The Wrong Direction - Digital Equip. Corp. V. Desktop Direct, Inc., S. Christian Mullgardt

Journal of Dispute Resolution

With the increase in lawsuits each year, the fact that a majority of cases are concluded by settlement is seen by many as "a tribute to both the trial bench and the practicing bar."2 In furtherance of this desirable end, the judiciary has typically upheld and enforced settlement agreements whenever possible Against this backdrop, the Digital court faced the issue of whether an order rescinding a settlement agreement which provided a "right not to stand trial" was immediately appealable pursuant to the collateral order doctrine

Table Of Contents - Issue 1

Journal of Dispute Resolution

No abstract provided.

Exemplary Awards In Securities Arbitration: Short-Circuited Rights To Punitive Damages - Mastrobuono V. Shearson Lehman Hutton, Inc., Isham R. Jones Iii

Journal of Dispute Resolution

Despite some residual image problems, arbitration is far from a modem day phenomenon.2 Aristotle himself was a fan of arbitration, "for the arbitrator keeps equity in view, whereas the judge looks only to the law."3 However, inconsistency among federal courts regarding the award of punitive damages by arbitrators has only furthered the image problem.4 Discord among courts arises when parties sign a contract agreeing to be bound by the law of a state which prohibits arbitral awards of punitive damages along with contract language which seems to express intent to allow punitive damages.5 Under the Federal Arbitration Act ("FAA"), federal …

Standards Of Professional Conduct In Alternative Dispute Resolution Symposium, John D. Feerick, Carol Izumi, Kimberlee Kovach, Lela Love

Faculty Scholarship

ADR is unique in being interdisciplinary and interprofessional. ADR neutrals perform in a distinctive role and not as members of their own profession. The ADR process demands adherence to policies like voluntariness, respect for party autonomy, and confidentiality, which, in turn, make special ethical demands on ADR neutrals. Thus there are compelling reasons to contemplate an interdisciplinary code of conduct that addresses the professional duties and obligations of ADR neutrals. Standards of conduct for ADR has been a much discussed and debated topic over the past decade, both as to source and content. The two principal sources of standards have …

Interpreting Insurance Policies, Jeffrey W. Stempel

Scholarly Works

Like any other contract, an insurance policy may become the subject of a legal dispute. When disputes arise over insurance coverage, lawyers must combine their skill in contract interpretation with their knowledge of insurance law, bringing both to bear on the special problems related to this type of contract. Each dispute has unique traits, but a few basic ground rules of contract law and insurance law can help you interpret insurance policies and resolve disputes over insurance coverage.

Predisposed With Integrity: The Elusive Quest For Justice In Tripartite Arbitrations, Deseriee A. Kennedy

Scholarly Works

No abstract provided.

American Conflicts Scholarship And The New Law Merchant, Friedrich K. Juenger

Vanderbilt Journal of Transnational Law

Professor Juenger argues that both the unilateralist and the multilateralist schools of thought share a fixation on the idea that law must emanate from the power of a sovereign state. The author points out that such a view of law is a historic; that, in the past, merchants relied on a substantive body of supranational rules that transcended national borders. This Article discusses the contemporary significance of the law merchant for law professors, law students, and practitioners.

The author explains how the practices of contemporary transnational commercial enterprises, as well as the opinions of contemporary scholars , support the idea …

Drafting Mediation Privileges: Lessons From The Civil Justice Reform Act, Michael A. Perino

Faculty Publications

Mediation confidentiality provisions or privileges are now prevalent throughout the United States. Forty-one states have enacted some form of mediation privilege. As part of the Administrative Dispute Resolution Act of 1990, Congress enacted legislation to protect confidentiality in mediations involving federal agencies. An additional source for such provisions is the Civil Justice Reform Act of 1990 (CJRA), which required each federal district court to implement a civil justice expense and delay reduction plan (Plan(s)) by the end of 1993. Those Plans seek to implement mechanisms designed to address causes of excessive expense and delay in the federal courts.

A number …

Separability, Competence-Competence And The Arbitrator’S Jurisdiction In Singapore, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

The concepts of separability and competence-competence, which promote arbitral autonomy, exist in many jurisdictions. This article surveys the extent of their acceptance in Singapore's domestic and international arbitration law, and suggests that legislative refinements are necessary to remove doubts and resolve conflicts between the law and the SIAC [Singapore International Arbitration Centre] Rules.

Does Mediation Systematically Disadvantage Women?, Margaret F. Brinig

Journal Articles

When state legislatures enabled spouses to obtain divorces without proving fault, one of the real achievements was lower transaction costs. Although the benefit of lower transaction costs for divorce is not completely noncontroversial, the relaxed proof requirements mean that lawyers do not necessarily have to be involved in divorce proceedings. The vast majority of marriage dissolutions involve written agreements between the parties. No-fault divorce also energized the divorce mediation movement.

Mediation is the least intrusive form of third-party involvement in a dispute. Whereas a judge or arbitrator imposes an outcome on the disputants, the mediator assists the parties in reaching …

Arbitral Justice: The Demise Of Due Process In American Law, Thomas E. Carbonneau

Faculty Scholarship

Arbitration consists of a process for resolving disputes in a final and binding manner outside the traditional court system. The rules that govern arbitration provide for flexible proceedings and do not require the strict application of legal rules.

Owing largely to the holdings of the U.S. Supreme Court, arbitration law and procedure have emerged from the obscurity of specialized practice and entered the adjudicatory mainstream.

In 1925, with the enactment of the U.S. Arbitration Act, the U.S. Congress declaredthe rehabilitation of arbitral justice and dispute resolution. These provisionsanticipated, in effect, the modern, world-wide legislative legitimization ofarbitration. Primarily because of the …

Table Of Contents - Issue 2

Journal of Dispute Resolution

No abstract provided.

Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love

Journal of Dispute Resolution

The Alternative Dispute Resolution Section of the Association of American Law Schools presented a program, at a 1995 AALS Conference, on current ethical issues that arise in mediation and how these issues should be addressed by the standards of professional conduct. The panel for the program was composed of leading mediation scholars and practitioners from throughout the country. The program was organized by Professor Edward Sherman who also acted as the panel moderator and provided the following introduction

Forum Selection And Choice Of Law Clauses In International Contracts: A United States Viewpoint With Particular Reference To Maritime Contracts And Bills Of Lading, Phillip A. Buhler

Articles, Book Chapters, & Popular Press

This Article approaches the topic of forum selection from a U.S. perspective. It is reasonable to expect, however, particularly with regard to bills of lading and maritime trade, that the approach of other nations toward international contracts is, or soon will be, very similar. For the sake of simplicity, "choice of law" and "choice of forum" will be addressed together, and referred to as either "choice of forum" or "forum selection." Many contracts only specify a particular forum, while others specify only the application of a particular law. U.S. courts and international conventions have generally taken the same approach to …

Title Page

Journal of Dispute Resolution

No abstract provided.

Mediation Privilege's Transition From Theory To Implementation: Designing A Mediation Privilege Standard To Protect Mediation Participants, The Process And The Public Interest, The, Alan Kirtley

Journal of Dispute Resolution

This article will analyze the developing law of the mediation privilege. To begin with, the attributes and uses of the mediation process and the function of confidentiality in mediation will be examined. The existing legal means to protect mediation confidentiality, short of a privilege, will also be reviewed. Then an analysis of policy considerations underlying evidentiary privileges generally will be followed by an assessment of the theoretical underpinnings for a mediation privilege. Finally, a critique of the various forms taken by new mediation privilege statutes and rules will be undertaken. The State of Washington's mediation privilege statute 2 will serve …

Diversity Issues In Mediation: Controlling Negative Cultural Myths, Isabelle R. Gunning

Journal of Dispute Resolution

This article (by a concerned supporter) explores this criticism of mediation. Part II surveys the critics who argue that mediation's informality and lack of procedure disadvantages members of minority groups and women. Part II then takes the next step that the critics have not taken, explaining how mediation could affect adversely disadvantaged groups. Part III suggests solutions to the problem which involve a greater level of mediator intervention than is generally accepted and defends these solutions.

Railroading Essential Rights: The Status Of Judicial Review Of Alleged Due Process Violations In Arbitration Hearings Under The Railway Labor Act - Shafii V. P.L.C. British Airways, Penelope Hopper

Journal of Dispute Resolution

In the American judicial system, no litigant may be denied life, liberty or property without due process of the law. The rights to representation, to have a fair hearing, and to have the opportunity to present evidence on one's own behalf are ingrained in our concept of "justice." When one agrees to submit a conflict to an alternative forum of dispute resolution, are those essential rights lost? This Note examines those questions in the context of a congressional act mandating arbitration as the mode of conflict resolution in the transportation industry

Enforcing Arbitration With A Nonsignatory: Equitable Estoppel And Defense Piercing Of The Corporate Veil - Sunkist Soft Drinks, Inc. V. Sunkist Growers, Inc., Scott M. Mckinnis

Journal of Dispute Resolution

Since Congress enacted the Federal Arbitration Act,2 courts have liberally enforced a strong national policy favoring arbitration of commercial disputes In furtherance of this goal, courts have refused to stay arbitration proceedings simply because they may involve parties who are nonsignatories to an arbitration agreement.4 Courts have accomplished this objective through the doctrine of equitable estoppel; Sunkist exemplifies that trend. However, Sunkist also represents a corporate scenario in which the emerging legal theory of "defensive piercing"' could be established as another avenue from which to compel commercial arbitration.