Pursuit Of Happiness And Resolution Of Conflict: An Agenda For The Future Of Adr,
2013
Pepperdine University
Pursuit Of Happiness And Resolution Of Conflict: An Agenda For The Future Of Adr, Arthur Pearlstein
Pepperdine Dispute Resolution Law Journal
The article presents information on the study of happiness with respect to the conflict resolution and the goals of Alternative Dispute Resolution. The study of happiness with its disciplines and methodologies falls under the field of psychology. Information on the role of the American Psychological Association of the U.S. on the study and science of happiness that consists of the findings on the subject of medicine, economics, neuroscience and philosophy is also presented.
Is There A Stare Decisis Doctrine In The Court Of Arbitration For Sport? An Analysis Of Published Awards For Anti-Doping Disputes In Track And Field,
2013
Pepperdine University
Is There A Stare Decisis Doctrine In The Court Of Arbitration For Sport? An Analysis Of Published Awards For Anti-Doping Disputes In Track And Field, Annie Bersagel
Pepperdine Dispute Resolution Law Journal
The article presents information on the doctrine of the stare decisis under the court of arbitration for sport with respect to the awards and arbitration for the disputes on anti-doping in the sport of track and field. The jurisdiction of the commercial and the disciplinary disputes of the Olympic Games are exercised by the court of arbitration for sport. Information on the role of the doctrine of the civil law is also presented.
The Perfect Circle: Arbitration's Favors Become Its Flaws In An Era Of Nationalization And Regulation,
2013
Pepperdine University
The Perfect Circle: Arbitration's Favors Become Its Flaws In An Era Of Nationalization And Regulation, Kimberly R. Wagner
Pepperdine Dispute Resolution Law Journal
The article presents information on the evolution of international commercial arbitration and viability of alternative dispute resolution (ADR) process. It briefly discusses the importance of international commercial arbitration and several attributed reasons for its decline such as Americanization, nationalization, and overregulation. It reflects mediation as the replacement for arbitration, and compares the advantages of mediation and arbitration.
The Five-Tool Mediator: Game Theory, Baseball Practices, And Southpaw Scouting,
2013
Pepperdine University
The Five-Tool Mediator: Game Theory, Baseball Practices, And Southpaw Scouting, Michael N. Widener
Pepperdine Dispute Resolution Law Journal
This essay borrows heavily from the fields of game theory, baseball business strategy and neuropsychology. Knitting these together, the author advocates that mediators become inciters and advocates for an outcome that solves problems, irrespective of the amount in controversy and the initial gap between offer and counter-offers of settlement. This is not an essay on how to do facilitator’s tasks in settlement negotiations; instead, the reader should consider how to think about the mediator’s role in the process, advancing the value proposition in negotiations. This essay does not propose that mediators become group therapists but instead urges them to relentlessly …
Graham V. Florida: How The Supreme Court's Rationale Encourages Reform Of The Juvenile Justice System Through Alternative Dispute Resolution Strategies,
2013
Pepperdine University
Graham V. Florida: How The Supreme Court's Rationale Encourages Reform Of The Juvenile Justice System Through Alternative Dispute Resolution Strategies, Heather Hojnacki
Pepperdine Dispute Resolution Law Journal
The article presents information on the reforms in the juvenile justice system of the U.S. through alternative dispute resolution-based strategies which has been illustrated with the U.S. Supreme Court cases Roper v. Simmons, and Graham v. Florida. It discusses rationale of the U.S. Supreme Court in Graham case and analyzes Graham's current and future impact. A proportionality standard expressed in legislative enactments and state practice was applied by the U.S. Supreme Court in Graham case.
Mediation Confidentiality: For California Litigants, Why Should Mediation Confidentiality Be A Function Of The Court In Which The Litigation Is Pending?,
2013
Pepperdine University
Mediation Confidentiality: For California Litigants, Why Should Mediation Confidentiality Be A Function Of The Court In Which The Litigation Is Pending?, Rebecca Callahan
Pepperdine Dispute Resolution Law Journal
The article presents information on mediation confidentiality. Confidentiality protections are available to California litigants depending on whether the litigants are in state or federal court. It depicts that California courts provide protection only when disputants utilize mediation for resolving their differences and also focuses on the evidence exclusion provision in which the privilege held by participant acts as bar to compel discovery without everyone's consent.
Fixing The Vaccine Act's Structural Moral Hazard,
2013
Pepperdine University
Fixing The Vaccine Act's Structural Moral Hazard, Brandon L. Boxler
Pepperdine Dispute Resolution Law Journal
The article presents information on the Vaccine Injury Compensation Program. It discusses the U.S. Federal circuit case Hazlehurst v. Sec'y of Health & Human Servs., in which lawsuit against the defendant was filed by the plaintiff who sought claims against the liability of product to recover damages for alleged injuries which his son had received from vaccines. It also provides information on the structural moral hazard of the program which devolves it into a litigious adjudicatory process.
The Creation Of A Hybrid Arbitration From A Pathological Arbitration Clause,
2013
Singapore Management University
The Creation Of A Hybrid Arbitration From A Pathological Arbitration Clause, Darius Chan
Research Collection Yong Pung How School Of Law
In HKL Group Co Ltd v Rizq International Holdings Pte Ltd [2013] SGHCR 5, the Singapore High Court was asked to grant a stay of proceedings in favour of arbitration under the International Arbitration Act. One of the two issues in that case was that the arbitration clause suffered a drafting defect.
Brief 7: Building An International Court For The Environment: A Conceptual Framework,
2013
ICE Coalition
Brief 7: Building An International Court For The Environment: A Conceptual Framework, Philip Riches, Stuart A. Bruce
Governance and Sustainability Issue Brief Series
This issue brief considers the role and nature of existing and potential international dispute resolution fora in relation to international environmental law. It addresses impediments at the international level, such as limited access to justice by non-state actors and the lack of technical and scientific capability. As a conceptual paper, it highlights two possible remedial options: an international environmental tribunal and an international environmental court.
California Code Of Civil Procedure Sections 877, 877.5 And 877.6: The Settlement Game In The Ballpark That Tech-Bilt,
2013
Pepperdine University
California Code Of Civil Procedure Sections 877, 877.5 And 877.6: The Settlement Game In The Ballpark That Tech-Bilt, Emery J. Mishky, Robert Tessier, Patrick G. Vastano
Pepperdine Law Review
No abstract provided.
Institutionalization Of Alternative Dispute Resolution By The State Of California ,
2013
Pepperdine University
Institutionalization Of Alternative Dispute Resolution By The State Of California , Bruce Monroe
Pepperdine Law Review
No abstract provided.
Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes ,
2013
Pepperdine University
Administrative Alternative Dispute Resolution: The Development Of Negotiated Rulemaking And Other Processes , Henry H. Perritt Jr.
Pepperdine Law Review
No abstract provided.
Recent Developments In Alternative Dispute Resolution ,
2013
Pepperdine University
Recent Developments In Alternative Dispute Resolution , Lee R. Petillon
Pepperdine Law Review
No abstract provided.
Egaps - Arbitration Plans For Nonunion Employees ,
2013
Pepperdine University
Egaps - Arbitration Plans For Nonunion Employees , Charles J. Morris
Pepperdine Law Review
No abstract provided.
Negotiation From Strength: Advantage Derived From The Process And Strategy Of Preparing For Competitive Negotiation ,
2013
Pepperdine University
Negotiation From Strength: Advantage Derived From The Process And Strategy Of Preparing For Competitive Negotiation , R. Hanson Lawton
Pepperdine Law Review
No abstract provided.
Lessons From The Hague - An Update On The Iran-United States Claims Tribunal ,
2013
Pepperdine University
Lessons From The Hague - An Update On The Iran-United States Claims Tribunal , Richard M. Mosk
Pepperdine Law Review
No abstract provided.
Federal Sector Labor Arbitration: Differences, Problems, Cures ,
2013
Pepperdine University
Federal Sector Labor Arbitration: Differences, Problems, Cures , Dennis R. Nolan
Pepperdine Law Review
No abstract provided.
The Future Of Alternative Dispute Resolution,
2013
Pepperdine University
The Future Of Alternative Dispute Resolution, Thomas D. Lambros
Pepperdine Law Review
No abstract provided.
Dispute Resolution In The Northwest ,
2013
Pepperdine University
Dispute Resolution In The Northwest , Bryan M. Johnston
Pepperdine Law Review
No abstract provided.
Consider Our Consumers,
2013
Pepperdine University
