Dispute Resolution and Arbitration Commons^™

Midgett V. Sackett-Chicago, Inc.: The Short-Sighted Use Of State Remedies To Protect Union Employees From Retaliatory Discharge, 18 J. Marshall L. Rev. 565 (1985), Benjamin P. Hyink, Lawrence M. Liebman

UIC Law Review

No abstract provided.

In Search Of Peaceful Settlements: An Idaho Judge Looks At Litigation And Its Alternative, Donald L. Burnett Jr.

Articles

No abstract provided.

Arbitration In The Securities Industry: Too Much Of A Good Thing?, David A. Lipton

Scholarly Articles

The study upon which this article is based was conducted in response to the explosive growth of the use of arbitration in the securities industry as a means of resolving broker/customer disputes. The study was designed to investigate whether the use that is being made of arbitration is efficient and, if inefficiencies were found, what procedures might be employed to screen out inefficient use.

This article was completed prior to the Supreme Court's recent resolution of the Dean Witter Reynolds, Inc. v. Byrd case. In light of that decision, it now appears likely that the concerns raised in the article …

Commments: Preemption Of State Law Under The Federal Arbitration Act, Douglas M. Fox

University of Baltimore Law Review

The Federal Arbitration Act, in contrast to common law, makes arbitration agreements in contracts "evidencing a transaction involving commerce" valid and enforceable. Recent decisions of the United States Supreme Court mandate that the federal Act be applied in both federal and state courts. In this comment, the author traces the history of the federal Act and addresses the threshold question of what activities satisfy the commerce requirement. The author examines the inconsistencies that arise when the federal Act is applied in state courts and urges Congress to revise the Act in light of these inconsistencies. Finally, potential changes in Maryland …

The Labor Arbitrator's Several Roles , Dennis R. Nolan, Roger I. Abrams

Maryland Law Review

No abstract provided.

Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson

University of Michigan Journal of Law Reform

In this essay I analyze some of the emotional events that occur during mediation and negotiation; the analysis may help us understand many of the problems that arise during the development and application of these legal practice skills. Following the analysis I present a few suggestions about how this teaching might best be accomplished.

Barriers To United States-Canadian Trade: Problems And Solutions, The Canadian Perspective, Richard Parker

Faculty Articles and Papers

No abstract provided.

The Two-Way Mirror: International Arbitration As Comparative Procedure, Andreas F. Lowenfeld

Michigan Journal of International Law

In particular, by focusing on selected aspects of the international procedure of international arbitration, as well as on different approaches to the problem of choosing the source of the law to be applied, the author hopes to give the outsider some feeling for the process, and some perception of how international arbitration is different both from domestic arbitration and from litigation in national courts. The author has an additional purpose, as well, however, though: to be sure not to sound too pretentious about it. Focusing on the record, on discovery, on examination of witnesses, and on choosing a choice of …

Will The Seventh Amendment Survive Adr?, Roger W. Kirst

Journal of Dispute Resolution

The seventh amendment problem is not within the ADR procedures themselves, but rather in how ADR is integrated into the total system of formal dispute resolution. Proponents of ADR may not intend to destroy federal civil jury trial, but ADR could be a serious threat to the seventh amendment if alternative procedures supplant civil jury trial and leave the constitutional language as a hollow shell. On the other hand, substantial use of ADR would not necessarily threaten seventh amendment values if jury trial remains available; instead, ADR procedures in routine litigation might protect the role of the civil jury in …

Kentucky Law Survey: Arbitration, Thomas J. Stipanowich

Kentucky Law Journal

No abstract provided.

Private Settlement As Alternative Adjudication: A Rationale For Negotiation Ethics, Robert B. Gordon

University of Michigan Journal of Law Reform

A rule of ethics like the one proposed in this Note takes a step toward this goal. Part I explores the general nature of unethical settlement negotiation, and the inadequate responses offered by both the American Bar Association Model Code of Professional Responsibility and the American Bar Association Model Rules of Professional Conduct. Part II presents a theory for recognizing private settlement negotiation as a substantive component of the adjudicatory process, deserving of all the ethical protections afforded forensic litigation. Part III evaluates certain proposals for reform and responds to various criticisms commonly leveled against efforts to regulate private negotiation …

The Enforceability Of Arbitration Clauses In Virginia Marital Separation Agreements, Antonio J. Calabrese

University of Richmond Law Review

Arbitration, a widely utilized method for resolving commercial and labor disagreements, has become an increasingly accepted means of settling domestic disputes that arise under separation or divorce agreements. The number of judicial decisions reviewing clauses in divorce and separation agreements which provide for the arbitration of disputes involving spousal support payments, child support and custody matters, has more than doubled since 1950. In a number of jurisdictions, courts have consistently enforced arbitration clauses to settle matrimonial disputes. Attorneys are more frequently drafting separation agreements which contain arbitration clauses, and the American Arbitration Association has promulgated a variety of rules and …

Enforcement Of Arbitral Awards Issued By The Additional Facility Of The International Centre Of Settlement Of Investment Disputes (Icsid), Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

For Reconciliation, Andrew W. Mcthenia, Thomas L. Shaffer

Journal Articles

The Alternative Dispute Resolution (“ADR”) movement has garnished much debate with scholars arguing on both sides—for or against—its further implementation into our adversarial system. This Article critiques the arguments against the movement focusing on Professor Owen Fiss’ work. From a theological reconciliation point of view, the Authors argue in favor of its further implementation because the ADR system promotes justice, community values, and the reconciliation of problems rather than resolution.

Rendering Arbitral Awards With Reasons: The Elaboration Of Common Law Of International Transactions, Thomas E. Carbonneau

Faculty Scholarship

With the growth of international trade, arbitration has emerged as the preferred remedy for resolving private international commercial disputes. In fact, among major Western legal systems such as those of England, the United States and France, statutory and decisional law developments indicate a nearly complete acceptance of international arbitral adjudication. This recognition of arbitral procedure and the enforcement of awards, which are given uniform legal recognition and enforcement by domestic legal systems, either as provisions in international conventions or as principles of national statutory or decisional law. These rules, in effect, represent an international consensus on arbitration and constitute a …

Redress By A Licensing Authority: Settling Home Improvement Disputes In New York City, Richard A. Daynard

Journal of Dispute Resolution

First, it costs consumers almost nothing to use, since there are no filing fees and attorneys are unnecessary. Second, it offers the full relief of specific performance rather than the limited amount of damages which are allowed in small claims court. Third, it makes use of expert fact-finding in a technical area in which the typical judge or small claims arbitrator is at sea (and hence may lean too heavily on "credibility" determinations). Fourth, it is supported by a powerful sanction-license revocations-that is not available to other dispute-settlement tribunals. Finally, it is capable of handling a large number of consumer …

Patterns Of Bias In Mediation, Christopher Honeyman

Journal of Dispute Resolution

The last few years' discussion of mediation is imbued with a certain "born again" quality. The enthusiasm is understandable in view of the attractive features of this process; but it has obscured the facts that no process works well for everyone, and that for some people, mediation is worse than useless. In view of the general tide of professional opinion that mediation is a "better" process for resolving disputes, qualifications and reservations are easily enough overlooked, and "better for whom?" is not a particularly popular question

Book Reviews , Robert Coulson

Journal of Dispute Resolution

This is an important book for anyone who needs to understand how changes can be orchestrated in our increasingly complex society and how major economic disagreements can best be resolved. Too many books and papers on dispute resolution are written by academics and others who have little practical experience with the process. Perhaps that is why negotiation is often described in terms of two people bargaining across a table, sometimes with the help of a single, neutral mediator. In real life, each "party" consists of numerous contesting individuals expressing conflicting demands, some resisting any tendency to compromise, others willing to …

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

Transformation Of Disputes By Lawyers: What The Dispute Paradigm Does And Does Not Tell Us, The, Carrie Menkel-Meadow

Journal of Dispute Resolution

In this essay I will examine the dispute paradigm and its critique through the prism of one of the agents of dispute processing--the lawyer. This is not a simple task because in some studies of dispute processing, the dispute is the independent variable and the lawyer (the agent of dispute transformation) is the dependent variable. In other studies the reverse is true or the relationship is unclear. Are divorces made worse because of lawyers' or do the dynamics of divorce disputes force lawyers to become particularly adversarial and antagonistic? I choose this prism because the transformation of disputes conception not …

Mediator Expectations And Professional Training: Implications For Teaching Dispute Resolution, Raymond Albert

Journal of Dispute Resolution

Thus, this study explores the following questions within the context of landlord-tenant disputes: What are mediator role expectations? Do these vary depending on the mediator's professional training? What are the implications for the teaching of disputes resolution?

Adr Paradigms And Intervenor Values, Joseph B. Stulberg

Journal of Dispute Resolution

Mediators insist that they can be neutral intervenors when assisting parties reach a negotiated settlement. They view their role as that of facilitating the development of settlement terms that the parties find acceptable, irrespective of whether the mediator approves of them or if they are in the best interests of either the parties or the public.'

Title Page

Journal of Dispute Resolution

No abstract provided.

Dispute Resolution: The Fourth R, Albie Davis, Kit Porter

Journal of Dispute Resolution

What will be the consequences of a public skilled in dealing creatively with conflicts? Will universities and law schools be ready when these students enter their classrooms? Will community violence, particularly juvenile crime, decrease? Will suits cease to be the answer? Will lawyers change their style or go out of style? Will the foundations of our legal system be challenged? Will people who feel confident in handling their personal amd community disputes in a non-adversarial manner demand that governments solve international disputes without violence? We do not know the answers to these questions, but the impact of teaching dispute resolution …

Arbitration In The Securities Industry: Too Much Of A Good Thing, David A. Lipton

Journal of Dispute Resolution

The study upon which this article is based was conducted in response to the explosive growth of the use of arbitration in the securities industry as a means of resolving broker/customer disputes. The study was designed to investigate whether the use that is being made of arbitration is efficient and, if inefficiencies were found, what procedures might be employed to screen out inefficient use

Recent Developments: The Uniform Arbitration Act

Journal of Dispute Resolution

The Uniform Arbitration Act (UAA)1 was proposed in 1955 by the National Conference of Commissioners on Uniform State Laws. Since that time, well over half of the states have enacted statutes modeled after the UAA.2 This survey's purpose is to present and explain recent decisions interpreting the UAA, and assist in analyzing future cases.

Labor Law - National Labor Relations Board Must Defer To Private Arbitration Committee's Decision To Uphold Dismissal Of Employees If Such Decision Plausibly Was Based On Committee's Finding That The Employees Were Supervisors Unprotected By National Labor Relations Act, Jay Eisenhofer

Villanova Law Review (1956 - )

No abstract provided.

Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer

Cardozo Law Review

No abstract provided.

Review Of Njáls Saga: Rechtsproblematik Im Dienste Soziokultureller Deutung, William I. Miller

Reviews

There is little recommend this book. It is ill-conceived and poorly executed. The author's thesis is that the saga-writer intentionally distorted and varied his presentation of the law of the lawbooks in order to show a society being destroyed by uncontrolled egoism, pride, and envy, a society characterized by willful arbitrariness, disorder, and disarray, with few rules to respect and little respect for the few rules that were there. The validity of the thesis is never really tested because the law which the saga-writer distorts is not even minimally established, nor for that matter is the law the saga-writer does …