Dispute Resolution and Arbitration Commons^™

Olympic Dreams Dashed: Arbitrating Seconds, Grams, Identity, And Time At The Paris Olympic Games 2024, Maureen A. Weston

Nevada Law Journal

No abstract provided.

Trouble, Trouble, Trouble: Taylor Swift, Ticketmaster, And Arbitration, Imre S. Szalai Professor Of Social Justice

Vanderbilt Journal of Entertainment & Technology Law

Through Ticketmaster’s use of arbitration and the controversy surrounding Ticketmaster’s botched sale of tickets for Taylor Swift’s The Eras Tour, this Article explores problems with the broad use of arbitration in the United States. Arbitration, a private contractual method of resolving disputes in a binding manner, is a neutral process that can provide many benefits. However, under the current broad scope of arbitration law, virtually every type of claim can be arbitrated. A more limited arbitration law could provide more robust enforcement of laws, greater accountability and transparency, and stronger development of precedent within our legal system. Stronger parties (like …

Anti-Suit Injunctions And Dispute Resolution Clauses, Adeline Chong

Research Collection Yong Pung How School Of Law

In two decisions decided within a fortnight of each other, the Singapore Court of Appeal considered anti-suit injunctions pursued to restrain proceedings allegedly brought in breach of arbitration agreements. The first case, Asiana Airlines, Inc v Gate Gourmet Korea Co, Ltd (‘Asiana Airlines’)[1] dealt with whether A could rely on an arbitration agreement between A and B to restrain B’s proceedings against C, a third party. The second case, COSCO Shipping Specialized Carriers Co, Ltd v PT OKI Pulp & Paper Mills (‘COSCO Shipping’)[2] considered whether an arbitration agreement covered a tortious claim. To put it in another way, Asiana …

Reasons And Reasoning In Arbitral Awards, Eugene Thong, Yunwen Yvonne Guo

Research Collection Yong Pung How School Of Law

While the need for international arbitral awards to be supported by reasons appears self-evident, a closer analysis of relevant treaty and statutory provisions as well as tribunal practice reveals a surprising lack of consensus as to the extent to which arbitral awards should be reasoned. Through an analysis of the factors for and against reasoned awards and the reasons for the evolution towards reasoned awards in international arbitration, this article considers the practical implications of dispensing with such reasons and analyses what standard of reasoning is generally recommended in arbitral awards. It concludes with several broad principles on the recommended …

Early Neutral Evaluation: Flawed Foundations In Statistical Predictions, Jacqueline Kitzes

Cardozo Journal of Conflict Resolution (CJCR) Blog

Early Neutral Evaluation (ENE) is a form of Alternative Dispute Resolution (ADR) designed to help parties resolve disputes more efficiently. It is an increasingly popular method encouraged by courts and private providers alike. ENE involves a neutral third party, often an experienced attorney or retired judge, who assesses the strengths and weaknesses of each party’s case early in the dispute. The primary goal is to encourage parties to focus on the strengths and weaknesses of their cases and their opponent’s early in the litigation process, potentially avoiding unnecessary pre-trial expenses. ENE aims to facilitate a more informed negotiation process and …

Appeal, Arbitrate, Appraise: A Forthcoming Rallying-Cry For The Victims Of The California Wildfires, Thomas Riley

Cardozo Journal of Conflict Resolution (CJCR) Blog

Seven days into the 2025 new year, the most expensive natural disaster in United States history broke out. 29 people were killed, and at least 16,000 structures were destroyed. Damages estimations have been varied. One analyst firm reasoned the fires could cost as much as $35 billion[3], another thought $45 billion, and the University of Southern California thinks $75 billion. Among the hardest hit neighborhoods was Altadena, California. Northwest Altadena stood as one of the few areas black families could purchase homes in Southern California, as “81% of Black households in Altadena own homes, compared with 32% across Los Angeles …

What's The Matter With Batna? It's Misleading And Doesn't Help Advance Parties' Important Interests, John Lande

Faculty Publications

Many dispute resolution experts misunderstand the concept of BATNA (the best alternative to a negotiated agreement), believing that it is the most favorable possible outcome if the parties don’t settle. In fact, BATNA isn’t an expected result. It’s a course of action, not the value resulting from the course of action.

Attorneys often make unrealistic predictions of court outcomes because of inherent uncertainty and cognitive biases. Moreover, parties have many intangible interests that aren’t included in estimates of BATNA values.

This article offers suggestions for attorneys and mediators to advance clients’ interests by better understanding and valuing non-settlement outcomes.

Rewriting Precedent: How International Adjudicators Influence Compliance, Jeffrey Kucik, Lauren Peritz, Sergio Puig

Michigan Journal of International Law

International cooperation depends on adaptation to changing conditions. International dispute settlement bodies can play a key role in maintaining cooperation over time. Evidence suggests that when legal bodies successfully adapt the law through the reinterpretation of rules, they can promote state compliance. However, this process is incremental and may not happen quickly enough, which can lead to backlash against international courts. In this article, we analyze these dynamics at the World Trade Organization (“WTO”), the global institution regulating international trade. Relying on data and case studies, we show how the Appellate Body modified its interpretations to promote compliance. Because this …

Masthead

Journal of Dispute Resolution

No abstract provided.

How Ai Can Help Mediators Say What They Really Mean, John Lande

Journal of Dispute Resolution

This article critiques the widespread use of the terms “facilitative” and “evaluative” to describe mediation techniques. Despite their popularity in scholarship and practice, these labels are inconsistently defined, frequently misunderstood, and fundamentally flawed. Drawing on a survey of mediation experts, the article documents significant confusion about how professionals interpret these terms – and how they think that others interpret them. It builds on Leonard Riskin’s critique of the facilitative-evaluative framework, which shows that the language not only oversimplifies complex processes but also risks confusing parties and undermining informed decision-making.

Faculty List

Journal of Dispute Resolution

No abstract provided.

Description

Journal of Dispute Resolution

No abstract provided.

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

The Gender Sidelining Trap In Mediator Selection, Erin E. Gleason Alvarez

Journal of Dispute Resolution

One of the greatest advantages of commercial mediation is the parties’ ability to construct the process to fit their needs. In mediation, parties are free to make decisions about how the conversation will be structured—whether in person or online, joint session or not, whether negotiations will take place over a few hours or days, and so forth. Here, parties are also uniquely empowered to design what their settlement will ultimately look like—or decide if settlement is even appropriate. Perhaps most importantly, parties decide who will serve as the mediator, the person they trust to facilitate their discussions and negotiations, and …

Revolutionizing The System: Designing A Safe Order Of Protection Mediation Program, Sabrina Saint-Marc

Journal of Dispute Resolution

Consider a situation where an African American man, Tony, residing in a rural southern jurisdiction, holds an order of protection against his partner, John, who is also an African American man. Furthermore, the presiding judge, an elderly white man, was known for denying orders of protection even when sought by white women, which creates an atmosphere where seeking court intervention might result in embarrassment and judgment for the client. This embarrassment and judgment stems from the stereotypes that mostly people who have engaged in criminal behavior belong in court; additionally, survivors experience shame about why they are appearing before a …

Participant Actions And Intermediate Outcomes In Initial Joint Sessions And Initial Caucuses, Roselle L. Wissler, Art Hinshaw

Journal of Dispute Resolution

Historically, the initial mediation session usually was a joint session where the mediator and the disputants met together to exchange information and discuss the substance of the dispute. Accordingly, the main components of the initial mediation session and the informational and communication benefits they were thought to provide were discussed in the context of the disputants being together and speaking directly. Today, however, many actions that traditionally took place during the initial joint session, including the discussion of substantive matters and exchanges between the parties, are less likely to occur during initial joint sessions than they did historically and are …

The Eviction Crisis Is Rampaging: Time To Implement Diversion Programs, Rachel Elliott

Journal of Dispute Resolution

More than 7.6 million renters face the threat of eviction annually.1 In early February 2023, Ivy Hany was at risk of being part of this statistic again.2 Years ago, when Ivy was 19, she and her siblings were forced out of their home into a homeless shelter.3 Now, at 53, she was terrified of becoming homeless again.4 Ivy owed her landlord $2,184.75; she would be evicted if she did not pay.5 Fortunately, Ivy had the option of mediation

Extended Reality For Alternative Dispute Resolution, Ryan Gallagher

Journal of Dispute Resolution

“What is real? How do you define ‘real’? If you’re talking about what you can feel, what you can smell, what you can taste and see, then ‘real’ is simply electrical signals interpreted by your brain.” As technology continues to advance, its effects will be felt in all aspects of our lives, and the world of Alternative Dispute Resolution (“ADR”) will be no different. Dispute resolution processes must adapt to the needs of their users. These users are increasingly in different parts of the world as the global economy expands. Inevitably, globalization leads to more conflicts that require resolution. Technology …

Time To Redress® Hazing: Changing The Way Universities Deal With Hazing Claims And Allegations, Katie Miles

Journal of Dispute Resolution

Every year, excited eighteen-year-olds step foot on a college campus ready to start a new chapter. Ready to try new things, these students join various organizations eager to make new friends and connections. Daniel Santulli was no different. He was an excited nineteen-year-old freshman at the University of Missouri in the fall of 2021. Santulli decided to join the Phi Gamma Delta fraternity and was ready to make lifelong friendships. However, on October 20, 2021, Santulli suffered a life-altering injury due to an alcohol-related hazing incident. Santulli was “marched, shirtless and blindfolded, into the basement of the Phi Gamma Delta …

Competition Is For The Ring, Not The Court, Cameron Shields

Journal of Dispute Resolution

Dolph Ziggler and JD McDonagh performed in a ring in front of a crowd of 20,000 people. Their match was broadcast worldwide. Ziggler placed everything on the line in a match where he wagered his entire career with World Wrestling Entertainment (WWE) for the Intercontinental Championship. Back and forth the two fought. Ziggler brought an early onslaught against McDonagh. Punches and kicks rained down. McDonagh, in a turn of luck, slipped through the ropes and reversed the onslaught onto Ziggler. After the pummeling, McDonagh threw Ziggler over the ropes onto the cement floor. The referee started counting down . . …