Dispute Resolution and Arbitration Commons^™

Re Canada Post Corp And Cupw (Clarke), Innis Christie

Innis Christie Collection

Employee grievance alleging that the Employer violated Article 21 of the Collective Agreement between the parties relating to the Postal Operations Group (Non-Supervisory): Internal Mail Processing and Complementary Postal Services, Code: 608/81, which expired September 30, 1986, but which remains in effect by virtue of the Canada Labour Code, and in particular of Article 21.03 in that the Employer unreasonably withheld special leave. The Union requests that the grievor be paid for one hour and fifty minutes of special leave.

Adr And Civil Procedure: A Chapter Or An Organizing Theme?, Bryant G. Garth

Journal of Legal Education

No abstract provided.

Rethinking The Teaching Of Civil Procedure, Elizabeth N. Schneider

Journal of Legal Education

No abstract provided.

Civil Procedure And Alternative Dispute Resolution: The Lawyer's Role And The Opportunity For Change, Paul J. Spiegelman

Journal of Legal Education

No abstract provided.

The Teaching Of Alternative Dispute Resolution, Lisa G. Lerman

Journal of Legal Education

No abstract provided.

Using Process Observaton To Teach Alternative Dispute Resolution: Alternatives To Simulation, Robert A. Baruch Bush

Journal of Legal Education

No abstract provided.

Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Early Alternative Dispute Resolution In A Federal Administrative Agency Context: Experimentation With The Offeror Process At The Consumer Product Safety Commission, Carl Tobias

Washington and Lee Law Review

No abstract provided.

Alternative Dispute Resolution In The Federal Government: A View From Congress, Senator Orrin G. Hatch

Touro Law Review

No abstract provided.

Punitive Damages In Arbitration, 21 J. Marshall L. Rev. 21 (1987), Stephen P. Bedell

UIC Law Review

No abstract provided.

The Teaching Of Alternative Dispute Resolution, Lisa G. Lerman

Scholarly Articles

No abstract provided.

Predispute Arbitration Agreements Between Brokers And Investors: The Extension Of Wilko To Section 10(B) Claims, Lee Applebaum

Maryland Law Review

No abstract provided.

Final Offer Arbitration: Time For Serious Consideration By The Courts, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

This article examines final offer arbitration and recommends its use in court-annexed arbitration programs, which are now operating or being considered in a growing number of federal and state courts. The first portion of the article analyzes the process of the settlement of lawsuits and gives some reasons why settlements are not always reached expeditiously. Next, the article analyzes the final offer arbitration process and shows how it may promote settlement. The last portion of the article examines empirical data on the efficacy of final offer arbitration in promoting settlement. The empirical data comes from two sources: laboratory experiments and …

Early Neutral Evaluation: A Follow-Up Report, David I. Levine

Faculty Scholarship

No abstract provided.

Bandwagon Is Rolling: Adr Demands And Thrives On Lawyers Creative Thinking, Christine D. Ver Ploeg

Faculty Scholarship

The ADR (alternative dispute resolution) bandwagon is rolling. Clients are becoming disenchanted with traditional litigation, and they're hearing about ADR. ADR has three broad categories: mediation, the mini-trial, and arbitration. Attorneys can provide a real service to clients by being familiar with and developing skills in ADR.

Enforcement Of Arbitration Clauses Against Deceived Franchisees, William H. Daughtrey Jr.

University of Richmond Law Review

Resolving the issue of fraud in the inducement of franchise agreements is an area that merits refinement. To save time and expense, arbitration-which bars both parties from the court system to resolve disputes-is a significant contemporary development. The reliance on arbitrators, who are not bound by precedent, is especially serious when their authority to resolve a particular controversy comes from a franchise agreement. Such agreements have been the subject of legislative inquiry, administrative action and litigation largely because of the informational imbalance between franchisors and franchisees during the course of negotiating their agreements. This article argues that, because franchisees generally …

Peacemakers: Biblical Conflict Resolution And Reconciliation As A Model Alternative To Litigation, The, Judith M. Keegan

Journal of Dispute Resolution

The purpose of this article is to examine Biblical conflict resolution as a model or method for dispute resolution: (1) to determine its development, purpose and goals, theoretical basis, and procedure or process; (2) to evaluate Biblical conflict resolution as an alternative to the legal system; and (3) to establish the contemporary value and validity of Biblical conflict resolution.

Recent Developments - The Uniform Arbitration Act

Journal of Dispute Resolution

The Uniform Arbitration Act [hereinafter UAA] was proposed by the National Conference of Commissioners on Uniform State Laws in 1955.2 At present, well over half of the states have enacted arbitration statutes based upon the UAA.3 The purpose of this survey is to explain the principles underlying recent court decisions interpreting the UAA, and provide a framework for analyzing future cases.4

Camping Is On The Rise: A Survey Of Judicially-Implemented Pre-Argument Conference Programs In The United States Circuit Courts Of Appeal, Teresa A. Generous, Katherine D. Knocke

Journal of Dispute Resolution

In April of 1974, Chief Judge Irving R. Kaufman initiated a Civil Appeals Management Plan (hereinafter "CAMP") in the Second Circuit. Over the next thirteen years, pre-argument conference programs were implemented in several other circuits. To date, there are currently five circuits with such a program in effect. These programs possess some common characteristics as well as some distinguishing features. The purpose of this article is to present an overview of the use of the pre-argument conference program in federal appellate courts

Book Review

Journal of Dispute Resolution

No abstract provided.

Rent Control Price Fixing: Another Look At The Emperor's New Clothes, Robert N. Markle

Touro Law Review

No abstract provided.

Custody Disputes - Evaluation And Intervention, Alastair Bissett-Johnson

Dalhousie Law Journal

Mediation of custody disputes has become a "buzz" word of late. The duty of lawyers to discuss with clients the possibility of mediation is referred to in the new Divorce Act However, little research is available and this book is therefore a valuable contribution to the Canadian literature on dealing with custody disputes.

"It Is Better To Enter A Tiger's Mouth Than A Court Of Law" Or Dispute Resolution Alternatives In U.S.-China Trade, Steven N. Robinson, George R.A. Doumar

Penn State International Law Review (1982 - 2011)

This article examines the influence Chinese attitudes toward law have upon the various methods of dispute resolution in United States-China trade. It concludes that, although reasonably effective mechanisms for the resolution of disputes are available, the primary emphasis of counsel should be to prevent the dispute from occurring through promoting informed negotiation of the original contract.

Mediation In Debtor/Creditor Relationships, Edward A. Morse

University of Michigan Journal of Law Reform

Two states that have substantial interests in agricultural debtor/creditor relationships have attempted to limit the social and economic costs of prematurely terminating the debtor/creditor relationship. Iowa and Minnesota have adopted a statutory requirement that the creditor offer to submit to mediation prior to taking any debt collection action against an agricultural borrower. This Note argues that requiring creditors to offer mediation as a statutory prerequisite to debt collection is an effective means of reducing the social and economic costs of the premature termination of a debtor/creditor relationship in business contexts. Part I examines the conceptual foundations of the mediation process …

Remarks Of Professor Robert A. Friedlander, Professor Robert A. Friedlander

Vanderbilt Journal of Transnational Law

Terrorism, in its essence, consists of common crimes: murder, attempted murder, kidnapping, aggravated battery, aggravated assault, arson and whatever other act of violence is utilized for terrorist ends and as terrorist means. Admittedly the world's democracies have not only failed to develop an acceptable definition for the global arena, they have also been unable to fashion a proper meaning for their own domestic statutes. We should never forget the symbiotic relationship which exists between terrorism and democracy. As the French political analyst, Jean Francois Ravel, has cogently remarked: "The main target of international terrorism is the idea of freedom as …

The Effectiveness Of Involuntary Dissolution Suits As A Remedy For Close Corporation Dissension, Harry J. Haynsworth

Cleveland State Law Review

Intra-corporate dissension between shareholders in a close corporation that can lead to serious deadlock, corporate paralysis and attempted squeeze-outs or other oppressive action is well documented. The purpose of this article is to discuss the available remedies for dealing with this dissension, placing particular emphasis on involuntary dissolution suits, since historically such suits have been the most common litigation remedy used by aggrieved shareholders. The basic conclusion reached is that for the most part judges have done a commendable job of balancing the expectation interests of minority shareholders against the inherent voting and management rights of majority shareholders, and of …

Transnational Law-Making: Assessing The Impact Of The Vienna Convention And The Viability Of Arbitral Adjudication, Thomas E. Carbonneau

Faculty Scholarship

Questions concerning the future orientation of the process are more pressing and demand a definition of the international mission and role of arbitral adjudication. Nations share the perception that national economies are no longer autonomous, that they must function within a larger global framework. The question then becomes not whether a uniform international law of sales is needed, but rather how it is to be achieved. The transnational preeminence that arbitration has gained as a remedial mechanism makes it a likely vehicle for elaborating a common law of international contracts.

This article assesses the impact of the Vienna Convention upon …

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

Title Page

Journal of Dispute Resolution

No abstract provided.

Moving Negotiations From Idle To Forward: The Commitment To Flexibility, Peter Contuzzi

Journal of Dispute Resolution

The beginning of any mediation is obviously a good time to clarify procedures and roles. But it also offers the mediator a special opportunity to elicit a commitment from the negotiating parties which can prove quite useful later on: a commitment to flexibility. This article examines some advantages of seeking this commitment from the parties at the outset of negotiations and contrasts the commitment to flexibility with the more traditional one to negotiate in good faith.