Open Access. Powered by Scholars. Published by Universities.®

Dispute Resolution and Arbitration Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 7321 - 7350 of 7741

Full-Text Articles in Dispute Resolution and Arbitration

Mediation: A Comprehensive Guide To Resolving Conflicts Without Litigation, Nancy T. Gardner Apr 1986

Mediation: A Comprehensive Guide To Resolving Conflicts Without Litigation, Nancy T. Gardner

Michigan Law Review

A Review of Mediation: A Comprehensive Guide to Resolving Conflicts Without Litigation by Jay Folberg and Alison Taylor

Go to article

Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr. Apr 1986

Agreements Changing The Forum For Resolving Malpractice Claims, James A. Henderson Jr.

Cornell Law Faculty Publications

No abstract provided.

Go to article

Teaching The Trade: An Appellate Judge's View Of Practice Oriented Legal Education, Patricia W Ald Mar 1986

Teaching The Trade: An Appellate Judge's View Of Practice Oriented Legal Education, Patricia W Ald

Journal of Legal Education

No abstract provided.

Go to article

Negotiated Rulemaking And Administrative Law, Henry H. Perritt Jr. Mar 1986

Negotiated Rulemaking And Administrative Law, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Go to article

Negotiated Rulemaking Before Federal Agencies: Evaluation Of Recommendations By The Administrative Conference Of The United States, Henry H. Perritt Jr. Mar 1986

Negotiated Rulemaking Before Federal Agencies: Evaluation Of Recommendations By The Administrative Conference Of The United States, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Go to article

The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley Jan 1986

The Role Of Arbitration In The Resolution Of Patent Disputes, Mark A. Farley

Touro Law Review

No abstract provided.

Go to article

Unsuccessful Employee Arbitrants Bring Wrongful Discharge Claims In State Court: The Accommodation Of Public And Private Adjudication, Michael George Whelan Jan 1986

Unsuccessful Employee Arbitrants Bring Wrongful Discharge Claims In State Court: The Accommodation Of Public And Private Adjudication, Michael George Whelan

Buffalo Law Review

No abstract provided.

Go to article

Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc: International Arbitration And Antitrust Claims, Lisa Sopata Jan 1986

Mitsubishi Motors Corp. V. Soler Chrysler-Plymouth, Inc: International Arbitration And Antitrust Claims, Lisa Sopata

Northwestern Journal of International Law & Business

Arbitration is an attractive alternative for parties entering into commercial transactions. Parties to international contracts often include arbitration clauses in an attempt to protect their rights and to eliminate uncertainties in the event of a dispute. A court may nevertheless treat a given dispute as nonarbitrable if the issue is highly charged with conflicting public policy concerns. The United States Supreme Court in the recent landmark decision, Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth Inc., held that private antitrust claims are arbitrable in a transaction arising in international commerce. The court ruled in a five-to-three decision that if an international contract …

Go to article

The Uncitral Model Law On International Commercial Arbitration, Saturnino E. Lucio Jan 1986

The Uncitral Model Law On International Commercial Arbitration, Saturnino E. Lucio

University of Miami Inter-American Law Review

No abstract provided.

Go to article

Arbitration From The Viewpoint Of The Practicing Attorney: An Analysis Of Arbitration Cases Decided By The New York State Court Of Appeals From January, 1973 To September, 1985, Hugh R. Jones Jan 1986

Arbitration From The Viewpoint Of The Practicing Attorney: An Analysis Of Arbitration Cases Decided By The New York State Court Of Appeals From January, 1973 To September, 1985, Hugh R. Jones

Fordham Urban Law Journal

Over a period of years, recourse has increasingly been had to arbitration as a method of dispute resolution in both the public and the private sectors. There is every indication that this trend will continue and expand in the future. In his opening address at the 1985 Annual Meeting of the American Law Institute last May, Chief Justice Warren Burger urged us to "take a fresh look at the entire structure we have created to resolve disputes" and deplored the fact that "as we now practice it, that system is too costly, too painful, too destructive and too inefficient."' At …

Go to article

Reflections On The Adr Movement, Robben W. Fleming Jan 1986

Reflections On The Adr Movement, Robben W. Fleming

Cleveland State Law Review

ADR, the acronym that identifies the alternative dispute resolution movement, derives its current popularity from widespread dissatisfaction with the present system of justice. Thus, ADR both proposes and promotes "alternative" ways of dealing with disputes which would otherwise be the subject of litigation. In truth, there is nothing very new about the criticism directed at the legal profession, the courts, and the adjudicatory systems in general. The alternatives which have been suggested over the years are very similar. All of the alternatives lie along an axis which starts with efforts to bring about voluntary agreement by the parties and ends, …

Go to article

Title Page Jan 1986

Title Page

Journal of Dispute Resolution

No abstract provided.

Go to article

Impact Of Opinion 11 On The Publication Of Arbitration Awards, The, Donald J. Petersen, Julius Rezler Jan 1986

Impact Of Opinion 11 On The Publication Of Arbitration Awards, The, Donald J. Petersen, Julius Rezler

Journal of Dispute Resolution

The primary purpose of an arbitration award is, of course, to resolve the issues submitted to the arbitrator for determination. However, awards also serve a number of other purposes, namely, to facilitate the selection of arbitrators, to assist researchers in evaluating trends in arbitration, to educate prospective arbitrators, and to help the parties in the preparation of their cases and briefs.

Go to article

Uniform Arbitration Act, The Jan 1986

Uniform Arbitration Act, The

Journal of Dispute Resolution

In 1955, the Uniform Arbitration Act (UAA) was proposed by the National Conference of Commissioners on Uniform State Laws.' Since that time, well over half of the states have adopted statutes modeled after the UAA. 2 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.3

Go to article

Adr And Civil Procedure: A Chapter Or An Organizing Theme?, Bryant G. Garth Jan 1986

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

Articles by Maurer Faculty

No abstract provided.

Go to article

The Arbitrability Of Domestic Antitrust Claims: An Evaluation Of The American Safety Doctrine, Edward G. Heilig Jan 1986

The Arbitrability Of Domestic Antitrust Claims: An Evaluation Of The American Safety Doctrine, Edward G. Heilig

Touro Law Review

No abstract provided.

Go to article

Deferral To Arbitration After Olin And United Technologies: Has The Nlrb Gone Too Far? , Jan W. Henkel, Mark Kelly Jan 1986

Deferral To Arbitration After Olin And United Technologies: Has The Nlrb Gone Too Far? , Jan W. Henkel, Mark Kelly

Washington and Lee Law Review

No abstract provided.

Go to article

Lessons From The Alternative Dispute Resolution Movement, Jethro K. Lieberman Jan 1986

Lessons From The Alternative Dispute Resolution Movement, Jethro K. Lieberman

Articles & Chapters

In less than a decade, alternative dispute resolution- ADR-has grown from a bravely-voiced hope to a congeries of practices animated by the desire to resolve legal battles outside the courtroom. ADR offers a way-station, or a series of them, between the probity of the adversary system and the flexibility of private negotiations. Though not without an ideology, ADR has never had a unified theory to explain what it accomplishes and how it works. But enough experience has accumulated by now to permit a search for a more analytical understanding of ADR and the lessons it might teach.

Go to article

New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember Jan 1986

New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember

Touro Law Review

No abstract provided.

Go to article

A Consideration Of Alternatives To Divorce Litigation, Thomas E. Carbonneau Jan 1986

A Consideration Of Alternatives To Divorce Litigation, Thomas E. Carbonneau

Faculty Scholarship

This article argues for the need to inform divorce proceedings with a sense of the human reality of matrimonial breakdown. Part one assesses the adequacy of the existing adjudicatory approach to divorce by focusing upon the hiatus between the legal approach to divorce and the emotional content of divorce disputes. Part two lays the foundation for constructive change, providing a statistical portrait of divorce in contemporary America. Part four discusses mediation and suggests that it is a more viable alternative mechanism to divorce litigation. Part five discusses the implementation of a judicial arbitration structure.

Go to article

Defamation And Alternative Dispute Resolution: Healing The Sting, Robert M. Ackerman Jan 1986

Defamation And Alternative Dispute Resolution: Healing The Sting, Robert M. Ackerman

Journal of Dispute Resolution

This article will explore several mechanisms for the resolution of defamation cases. It will first review problems of substantive law which present obstacles to the fair and efficient resolution of these disputes. It will then explore some substantive law reform proposals which may expedite the fair and rational resolution of these disputes. Finally, the article will suggest some private dispute resolution processes which may advance the parties' goals, with or without substantive law reform. While a large number of defamation disputes involve non- media defendants, 9 the article will focus upon disputes involving news organizations. The article will also examine …

Go to article

Thesis (Preventive Law), Antithesis (Adversarial Process), Synthesis (Settlement, Adr): A Comment On Nyhard And Dauer, Louis M. Brown Jan 1986

Thesis (Preventive Law), Antithesis (Adversarial Process), Synthesis (Settlement, Adr): A Comment On Nyhard And Dauer, Louis M. Brown

Journal of Dispute Resolution

In terms of the Nyhart-Dauer article, the goal which is to be attained is "the commercial exploitation of the coastal zone and continental shelf."' The legal system aids the accomplishment of that goal by permitting parties to enter into contracts which "define the measure of present exchange and provide the standards by which executory performance will later be judged... "2 The goal is achieved by performances in accord with "creative arrangements" developed "in such a way that their constituents will be most likely to accept and adhere to the undertakings to which they" are committed.3 It is performance that counts. …

Go to article

Public Policy And International Commercial Arbitration: The Argentine Perspective, Horacio A. Grigera Naón Jan 1986

Public Policy And International Commercial Arbitration: The Argentine Perspective, Horacio A. Grigera Naón

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Go to article

Clinical Negotiating Achievement As A Function Of Traditional Law School Success And As A Predictor Of Future Negotiating Performance, Charles B. Carver Jan 1986

Clinical Negotiating Achievement As A Function Of Traditional Law School Success And As A Predictor Of Future Negotiating Performance, Charles B. Carver

Journal of Dispute Resolution

This article will explore the degree to which these two basic hypotheses have been substantiated. Statistical comparisons will be made between negotiation course performance and overall law school success. Comparisons of bargained results obtained in a Trial Advocacy class are made between students who had previously taken my Lawyer as Negotiator course and students who had not received such clinical training.

Go to article

Re-Examination Of Litigation Trends In The United States: Galanter Reconsidered, A, Kenyon D. Bunch, Richard J. Hardy Jan 1986

Re-Examination Of Litigation Trends In The United States: Galanter Reconsidered, A, Kenyon D. Bunch, Richard J. Hardy

Journal of Dispute Resolution

The general commentary on recent litigation patterns in the United States depicts a worrisome, and occasionally panicked, scenario often called the "litigation explosion."' The commentaries characteristically direct attention to a supposed "epidemic of hair-trigger suing" burying the courts under an "avalanche" of civil actions. 2 Moreover, judicial scholars proffer a myriad of purported explanations for the alleged prodigious growth in the number of civil lawsuits. The common theme throughout these explanations is that changes or disruptions in our social, economic, political-legal environments have caused Americans to become a contentious and overly-litigious people.

Go to article

Conflict And Paradox In The New American Mediation Movement: Status Quo And Social Transformation, Ted Becker Jan 1986

Conflict And Paradox In The New American Mediation Movement: Status Quo And Social Transformation, Ted Becker

Journal of Dispute Resolution

This essay will focus on some of the disharmony in the field of mediation in the United States, particularly from the perspective of those who try to utilize mediation's potential as an instrument of socio-political transformation. The work of these individuals remains a relatively well-kept secret in a time of much publicity about the numerous virtues of mediation as an "alternative" to the legal system. Among the reasons for this secrecy is that, for the time being, the American conflict resolution movement has been substantially overwhelmed by the force and forces of the legal system, professionalization, bureaucracy, and interest-group politics.

Go to article

Doctrine Of Intertwining: A Dead-End After - Dean Witter Reynolds, Inc. V. Byrd, The, Ranee Melissa Force Jan 1986

Doctrine Of Intertwining: A Dead-End After - Dean Witter Reynolds, Inc. V. Byrd, The, Ranee Melissa Force

Journal of Dispute Resolution

The arbitrability of pendent state claims in federal securities cases has become a problematic issue. This issue arises out of federal courts' efforts to recognize the conflicting policies of two federal statutes in the context of investor-broker disputes. 2 Since 1953 federal courts have chosen sides in this controversy3 between the pro-investor Securities Acts' (hereinafter Securities Act, 1933 Act, or 1934 Act) and the pro-broker Federal Arbitration Act 5 (hereinafter Arbitration Act). Ineffectual attempts to reconcile the two competing policies were exemplified in a recent dispute between a retired dentist and his investment company, where the issue was settled by …

Go to article

Federal Arbitration Act Comparison Jan 1986

Federal Arbitration Act Comparison

Journal of Dispute Resolution

The question the Supreme Court left unanswered in Southland is which FAA provisions must be applied by state courts.' Although the FAA clearly preempts state law on the enforceability of arbitration clauses, 6 state procedural rules may still apply in enforcing arbitration agreements.' Since the extent of preemption remains to be determined, it is important for practioners to be aware of and review potential areas of state arbitration acts which may be superceded by the FAA. Accordingly, a comparison of the FAA with selected state arbitration statutes will lend practitioners some guidance in determining the applicable law.

Go to article

Book Review , John S. Murray Jan 1986

Book Review , John S. Murray

Journal of Dispute Resolution

Textbooks intended for law school use should be evaluated in line with their intended purpose. The objective of Dispute Resolution is to provide law students with materials that describe, explain and raise questions about our society's processes for resolving disputes. An ideal textbook is thorough in its coverage of the substance and issues of the subject matter, usable in the sense of providing resources to help the teacher motivate students and channel class discussion, and readable in a student-friendly sense. In this essay I will review the Goldberg, Green and Sander text from the classroom perspective using these standards as …

Go to article

Preliminary Analysis Of The Uses Of Scientific Models In Dispute Prevention, Management And Resolution, A, J. D. Nyhart, E. A. Dauer Jan 1986

Preliminary Analysis Of The Uses Of Scientific Models In Dispute Prevention, Management And Resolution, A, J. D. Nyhart, E. A. Dauer

Journal of Dispute Resolution

The ambition of this article is modest-to suggest linkages at a theoretical level rather than to "prove" them empirically. A fully rigorous analysis, employing the three model-use variants strictly as independent variables, would require the articulation of a comprehensive theory of dispute resolution, a construction which the state of the literature does not yet allow. To the extent that the analysis does lead to at least some preliminary hypotheses about the linkage between process tools and conflict outcomes, it may be useful to the eventual elaboration of such a theory.

Go to article

First Prev Next Last