Lessons From The Aba’S Excellent Report On Mediator Techniques,
2017
University of Missouri School of Law
Lessons From The Aba’S Excellent Report On Mediator Techniques, John M. Lande
Faculty Blogs
This post highlights findings from the report of the ABA Section of Dispute Resolution Task Force on Research on Mediator Techniques. The report identified 47 studies from the past four decades that analyzed effects of particular mediator actions on certain mediation outcomes. The Task Force found that none of the categories of mediator actions has clear, uniform effects across the studies. In general, the studies found that some generally uncontroversial actions – such as eliciting suggestions, focusing on emotions and relationships, building trust, expressing empathy, praising disputants, and setting agendas – may or may not produce positive effects. It found …
Often Wrong, Never In Doubt: How Anti-Arbitration Expectancy Bias May Limit Access To Justice,
2017
University of Maine School of Law
Often Wrong, Never In Doubt: How Anti-Arbitration Expectancy Bias May Limit Access To Justice, Becky L. Jacobs
Maine Law Review
While there long have been “alternatives” to the traditional trial for those seeking to resolve disputes, the so-called “litigation explosion” in the 1970s inspired a campaign for reform of the administration of justice that resulted in the modern ADR movement. The movement had many disparate goals, not the least of which was to improve public access to justice. At the historic 1976 National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice (Pound Conference), Harvard Law Professor Frank E.A. Sander first posited the concept of a “comprehensive justice center,” more famously referred to as a “multi-door courthouse,” …
Mapping The World: Facts And Meaning In Adjudication And Mediation,
2017
University of Maine School of Law
Mapping The World: Facts And Meaning In Adjudication And Mediation, Robert Rubinson
Maine Law Review
This Article explores what is and what is not in adjudication and mediation, thus illuminating the profound differences between these two processes. The Article does this work in four parts. First, it offers an analysis of cognitive mapmaking and its inevitability in constructing meaning. It then explores how adjudication defines meaning in a particular way. This Article then conducts a comparable analysis of mediation. Finally, it focuses on the bridging function attorneys play between the worlds of mediation and adjudication in light of the Author’s analysis and the practical implications of this function.
Alternative Dispute Resolution,
2017
St. John's University School of Law
Alternative Dispute Resolution, Patrick Crowley
The Catholic Lawyer
No abstract provided.
Alternative Dispute Resolution,
2017
St. John's University School of Law
Alternative Dispute Resolution, Jessie Clayton Dye
The Catholic Lawyer
No abstract provided.
Alternative Dispute Resolution,
2017
St. John's University School of Law
Alternative Dispute Resolution, Sister Donna Mikula
The Catholic Lawyer
No abstract provided.
Alternative Dispute Resolution,
2017
St. John's University School of Law
Alternative Dispute Resolution, Santiago Feliciano, Jr.
The Catholic Lawyer
No abstract provided.
Clergy Arbitrator Liability: A Potential Pitfall Of Alternative Dispute Resolution In The Church,
2017
St. John's University School of Law
Clergy Arbitrator Liability: A Potential Pitfall Of Alternative Dispute Resolution In The Church, Lee Tarte
The Catholic Lawyer
No abstract provided.
A Realist Systematic Review Of Cross-Sector Collaboration Implementation In Developing Countries & Mediation As A Useful Instrument,
2017
Pepperdine University
A Realist Systematic Review Of Cross-Sector Collaboration Implementation In Developing Countries & Mediation As A Useful Instrument, Jessica Kritz
Pepperdine Dispute Resolution Law Journal
This review will provide a realistic systematic review to synthesize evidence on successful cross-sector collaboration implementation in developing (low and middle income) countries. More specifically, this review will explicitly consider interactions between strategy, context, and mechanisms to provide an indication as to how cross-sector collaboration governance helps some cross-sector collaboration succeed, grow, and become sustainable. This paper will also present mediation as potentially a useful mechanism to implement cross-sector collaboration implementation in developing countries.
Mediating Towards Forgiveness & Family Reconciliation In Divorce; Select Issues In Dispute Resolution: Apology & Forgiveness,
2017
Pepperdine University
Mediating Towards Forgiveness & Family Reconciliation In Divorce; Select Issues In Dispute Resolution: Apology & Forgiveness, Selina J. Shultz
Pepperdine Dispute Resolution Law Journal
This paper examines the importance of forgiveness and the rebuilding of trust in the reconciliation of the family during and after a divorce, and contemplates the mediator’s role in leading the parties in this direction.
Identity-Related Information Asymmetry: Exploring Responses To The “Faceless Other”,
2017
Pepperdine University
Identity-Related Information Asymmetry: Exploring Responses To The “Faceless Other”, Connor Bildfell
Pepperdine Dispute Resolution Law Journal
This paper will explore the following core question: What are the various ways in which a known subject may respond to the “faceless other,” and how do we navigate and explain that choice? I will proceed as follows: Parts I and II synthesize the literature on identity and anonymity in conflicts. Part I focuses on understanding the behavior of the “faceless other”, and Part II examines theories as to how the subject responds to the “faceless other.” In Part III, I argue that, when faced with IRIA, we typically adopt one of five common (though often ill-advised) responses. These are …
The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett,
2017
Pepperdine University
The Eternal Debate On External Law In Labor Arbitration: Where We Stand Five Decades After Meltzer V. Howlett, Philip Baldwin
Pepperdine Dispute Resolution Law Journal
This article details the oft-debated issue of how labor arbitrators should reconcile collective bargaining agreements (“CBAs”) with public sources of law, i.e., “external law,” particularly when the plain meaning of a CBA would lead to an arbitration award in contravention of public law. The article traces the origin of the debate back to 1967, when renowned labor arbitrators Robert Howlett and Bernard Meltzer took opposing views on the matter in front of the National Academy of Arbitrators. Although Meltzer’s traditional view, that arbitrators should respect the CBA and ignore the law when the two diverge, may have been the more …
Utility Function And Rational Choice As Support Mechanisms To Maximize Mediation And Legal Negotiation Settlement Output,
2017
Pepperdine University
Utility Function And Rational Choice As Support Mechanisms To Maximize Mediation And Legal Negotiation Settlement Output, Roberto Kuster
Pepperdine Dispute Resolution Law Journal
This article provides a general negotiation background, establishing some basic definitions such as BATNA, interests, and “Shadow of Law.” Then, it works with the two-step process of utility maximization and rational choice to achieve the optimal settlement output within mediation and legal negotiation processes. Lastly, it points out methods to support the theories in ways that a lawyer could understand and apply correctly. Thus, the article offers an idea for an optimal settlement in a legal negotiation/mediation. It takes the complementary views of recognized authors, from Fisher and Ury’s "how to negotiate" manual, Raiffa's lucid explanation of applied game theory, …
Investor-State Dispute Settlement Reconceptionalized: Regulation Of Disputes, Standards And Mediation,
2017
Pepperdine University
Investor-State Dispute Settlement Reconceptionalized: Regulation Of Disputes, Standards And Mediation, M. R. Dahlan, Wolf Von Kumberg
Pepperdine Dispute Resolution Law Journal
This paper argues that the current criticisms of Investor-State Dispute Settlement (ISDS) are ill-informed, and attempts at reforming the system are misguided. The definition of ISDS itself has been, for a long time, limited to investment quasi-judicial bodies or at best arbitration. Analysis of the roots of the ever growing backlash reveals that the main causes for concern are politically negotiated investment treaties, an inherently biased system, lack of transparency, and inconsistent decision-making. Examination of the core reasons behind these complaints leads to the conclusion that the EU Commission’s solution to reform ISDS through a permanent court raises more issues …
Uber Hitches A Ride With Arbitration: How Pro-Arbitration Attitudes And Uber Will Prevail In California And The Ninth Circuit,
2017
Pepperdine University
Uber Hitches A Ride With Arbitration: How Pro-Arbitration Attitudes And Uber Will Prevail In California And The Ninth Circuit, Neil Eddington
Pepperdine Dispute Resolution Law Journal
Part I of this article will introduce Uber and describe how the sharing economy functions. This section will explain Uber’s current conflict with their drivers regarding arbitration agreements and why the stakes are so high. Part II will explore the FAA—its history, original legislative intent and purpose—in order to provide a baseline from which to contrast its current broad application. Part III will highlight Supreme Court jurisprudence on arbitration to illustrate how the FAA is now expansively interpreted contrary to its original limited scope. This Part will culminate in an examination of the Concepcion and American Express majority and dissenting …
Conduct Detrimental: Examining The Nfl’S Collective Bargaining Agreement And The Commissioner’S Role Through A Case Study Of Deflategate,
2017
Pepperdine University
Conduct Detrimental: Examining The Nfl’S Collective Bargaining Agreement And The Commissioner’S Role Through A Case Study Of Deflategate, David Shyu
Pepperdine Dispute Resolution Law Journal
This Note will closely examine whether the NFL, specifically its Commissioner, has exceeded its authority in its handling of the recent incident involving allegations of the New England Patriots and quarterback Tom Brady’s role in deflating footballs during a crucial playoff game. The Note will look at the existing the NFL current Collective Bargaining Agreement, and trace the source of the Commissioner’s power. Then it will delve into the details of the case—including the Wells Report and investigation, the arbitration process, and the District Court opinion. The Note will analyze the District Court’s opinion in anticipation of the Second Circuit’s …
Calming The Chaos: A Complexity Science Approach To Dispute Resolution On A Macro And Micro Level,
2017
Pepperdine University
Calming The Chaos: A Complexity Science Approach To Dispute Resolution On A Macro And Micro Level, Martha E. Simmons
Pepperdine Dispute Resolution Law Journal
The aim of this paper is to provide readers with a starting point from which to examine the extent to which their own areas of legal research can benefit from a complexity lens. The current research focuses on family law merely to provide an illustration. This work is particularly inspired by the research conducted by Glouberman and Zimmerman, who examined the medical system on both a systemic and individual patient level from a complexity lens. It is from this foundation that this paper examines the legal system from both a systemic and individual dispute level, with a focus on complexity.
Surfing To Success As A Mindful Negotiator,
2017
Pepperdine University
Surfing To Success As A Mindful Negotiator, Leslie Larkin Cooney
Pepperdine Dispute Resolution Law Journal
No abstract provided.
A Divided Nation: Political Polarization And Dispute Resolution,
2017
Pepperdine University
A Divided Nation: Political Polarization And Dispute Resolution, Lindsey Phipps
Pepperdine Dispute Resolution Law Journal
This article will discuss the causes and consequences of party polarization and propose that the legislative body work more collaboratively and cooperatively through direct implementation of alternative dispute resolution techniques such as negotiation and mediation in the legislative process. Part I will define political polarization, what it looks like today, its causes and its consequences. Part II will propose and explain the use of dispute resolution techniques and tactics, such as, negotiation, mediation and alternative dispute resolution to mitigate the effects of political polarization. Part III will conclude that dispute resolution techniques and tactics will mitigate the inadequacies created by …
The Importance Of Improving The Dispute Resolution Process Of Iran’S Nuclear Deal,
2017
Pepperdine University
The Importance Of Improving The Dispute Resolution Process Of Iran’S Nuclear Deal, Diba Alemi
Pepperdine Dispute Resolution Law Journal
Section I provides a brief introduction. Section II discusses the sanctions that have been imposed on Iran. Section III elaborates the worldwide effect of the Joint Comprehensive Plan of Action (“JCPOA”) agreement. Section IV discusses the dispute resolution clause in the JCPOA agreement. Section V compares other dispute resolution clauses to JCPOA’s dispute resolution clause. Section VI discusses the difficulties the developing countries face during the international dispute resolution process. Section VII explains the necessity of adding time to negotiate to the dispute resolution process of the. Lastly, section IX concludes.
