Mediation Lawyering – The New Legal Specialisation,
2012
Singapore Management University
Mediation Lawyering – The New Legal Specialisation, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, mediation lawyering as a specialised form of legal practice is explained.
Becoming "Investor-State Mediation",
2012
Texas A&M University School of Law
Becoming "Investor-State Mediation", Nancy A. Welsh, Andrea Kupfer Schneider
Faculty Scholarship
While the current system of investment treaty arbitration has definitely improved upon the “gunboat diplomacy” used at times to address disputes between states and foreign investors, there are signs that reform is needed. Increasingly, states and investors express concerns regarding the costs associated with the arbitration process; some states are refusing to comply with arbitral awards; other states now hesitate to sign new bilateral investment treaties; and citizens have begun to engage in popular unrest at the prospect of investment treaty arbitration. As a result, both investors and states are advocating for the use of mediation to supplement investor-state arbitration. …
Remodeling The Multi-Door Courthouse To "Fit The Forum To The Folks": How Screening And Preparation Will Enhance Adr,
2012
Kennesaw State University
Remodeling The Multi-Door Courthouse To "Fit The Forum To The Folks": How Screening And Preparation Will Enhance Adr, Tim Hedeen
Faculty Articles
The article offers information on remodeling of multi-door courthouse to enhance Alternative Dispute Resolution (ADR) efficiency. It informs that symposium, The Future of Court ADR: Mediation and Beyond that was held in September 2011 featured scholars and practitioners to discuss the past and future of ADR. It informs that research and practice in mediation have deepened the understanding in engaging with prospective clients.
Dancing To The Rhythm Of The Role-Play: Applying Dance Intelligence To Conflict Resolution,
2012
Singapore Management University
Dancing To The Rhythm Of The Role-Play: Applying Dance Intelligence To Conflict Resolution, Nadja Alexander, Michelle Lebaron
Research Collection Yong Pung How School Of Law
The article presents information on effectiveness of dance and movement in negotiation teaching and training programs regarding conflict resolution particularly in multiple repeat mediations. Death of the Role-play, a publication, fosters enhanced creativity and methodological diversity in conflict management and mediation training. It depicts dance intelligence as useful and requisite components of conflict resolution education.
After Class: Aggregate Litigation In The Wake Of At&T; Mobility V Concepcion,
2012
Benjamin N. Cardozo School of Law
After Class: Aggregate Litigation In The Wake Of At&T; Mobility V Concepcion, Myriam E. Gilles, Gary Friedman
Articles
Class actions are on the ropes. Courts in recent years have ramped up the standards governing the certification of damages classes and created new standing requirements for consumer class actions. Most recently, in Wal-Mart v Dukes, the Supreme Court articulated a new and highly restrictive interpretation of the commonality requirement of Rule 23(a). But all of this pales in comparison to the Court's April 2011 decision in AT&T Mobility v Concepcion, broadly validating arbitration provisions containing class action waivers. The precise reach of Concepcion warrants close scrutiny. Our analysis suggests that following Concepcion, some plaintiffs will be able to successfully …
Welcome To The Jungle: Rethinking The Amount In Controversy In A Petition To Vacate An Arbitration Award Under The Federal Arbitration Act,
2012
Pepperdine University
Welcome To The Jungle: Rethinking The Amount In Controversy In A Petition To Vacate An Arbitration Award Under The Federal Arbitration Act, Christopher L. Frost
Pepperdine Law Review
No abstract provided.
The September 11th Victim Compensation Fund: The Answer To Victim Relief?,
2012
Pepperdine University
The September 11th Victim Compensation Fund: The Answer To Victim Relief?, Joe Ward
Pepperdine Dispute Resolution Law Journal
The events of September 11, 2001 shook America to its core. The world was forever changed as the horrific tragedy unfolded on live television. Families were destroyed as loved ones were severely injured or killed, leaving spouses and children in need of aid. In response, the United States government established the September 11th Victims' Compensation Fund in an effort to provide the necessary reparations to victims of the terrorist attacks. This article will analyze the September 11th Victims' Compensation Fund (hereafter "Fund") as a way of compensating victims while preserving the financial stability of the United States economy. This Fund …
Investors Win: Howsam V. Dean Witter Reynolds, Inc. Makes Entering Arbitration Quicker, Easier, And Less Expensive,
2012
Pepperdine University
Investors Win: Howsam V. Dean Witter Reynolds, Inc. Makes Entering Arbitration Quicker, Easier, And Less Expensive, Peter J. Smith Iv
Pepperdine Dispute Resolution Law Journal
In securities arbitration disputes, a split in the federal circuits arose over whether an arbitrator or a court should determine if the National Association of Securities Dealers Code of Arbitration Procedure ("NASD Code") Section 10304 barred the bringing of a claim that was more than six years old. While some courts have held the issue was a procedural one for the arbitrator to decide, others have held that it was a substantive issue for the courts to decide. Obviously, the resolution of the time eligibility rule by the court delays the resolution of the dispute diminishes the benefits and duplicates …
Negotiating On Un-Holy Land: The Road From Israel To Palestine ,
2012
Pepperdine University
Negotiating On Un-Holy Land: The Road From Israel To Palestine , Randolph "Michael" Nacol Ii
Pepperdine Dispute Resolution Law Journal
The Middle East is no stranger to conflict. In particular, the land currently called "Israel" has been through the hands of many dynasties and has long been the center of religious development and identity. Despite turmoil and failed attempts at achieving peace, there is no excuse for complacency in resolving this intolerable Israeli-Palestinian divide. The conflict is arguably the longest, most complicated, deep-seated, and vicious battle in modern history. This article explores various fundamentals of negotiation and settlement with the hopes of spurring ideas, and furthering an interest in how this great conflict might finally be resolved. Recognizing most topics …
Preparations For A Storm: A Proposal For Managing The Litigation Stemming From September 11th, 2001 ,
2012
Pepperdine University
Preparations For A Storm: A Proposal For Managing The Litigation Stemming From September 11th, 2001 , A. David E. Balahadia
Pepperdine Dispute Resolution Law Journal
After the attacks, the United States government immediately began to address the exorbitant number of problems and issues that resulted. One of the first issues the government addressed was victim compensation. The creation of the September 11th Victim Compensation Fund by virtue of the Air Transportation Safety and System Stabilization Act was the first step towards victim compensation. The VCF would help relatives and families of those killed in the attacks. However, the VCF has several limitations that narrow the scope of those eligible for compensation. The limitations of the VCF are indirectly creating a new two-pronged problem: the first …
"Expanded" Judicial Review Revisited: Kyocera Overturns Lapine,
2012
Pepperdine University
"Expanded" Judicial Review Revisited: Kyocera Overturns Lapine, Eric Van Ginkel
Pepperdine Dispute Resolution Law Journal
Just when you thought you could validly add a clause to your client's arbitration agreement providing that the losing party may take an appeal from the award to the district court having jurisdiction over the parties, think again. What was the law of the Ninth Circuit since December 1997, when a three-judge panel of the Ninth Circuit Court of Appeals decided LaPine Technology Corporation v. Kyocera Corporation ("LaPine I"), has just been reversed by the Ninth Circuit Court of Appeals sitting en banc. In its decision, on a rehearing of what the court refers to as " …
Report To Law Revision Commission Regarding Recommendations For Changes To California Arbitration Law ,
2012
Pepperdine University
Report To Law Revision Commission Regarding Recommendations For Changes To California Arbitration Law , Roger Alford
Pepperdine Dispute Resolution Law Journal
In this Article, Professor Alford discusses a report by the Law Revision Commission recommending that certain changes be made to arbitration law in California. It begins by outlining the history of arbitration in California, from its 1961 adoption of the Uniform Arbitration Act, to the 1988 enactment of an international arbitration statute modeled on the UNCITRAL Model Law, to the 1989 enactment of Section 1281.8, which allowed courts to grants provisions remedies to parties involved in arbitration proceedings. It also provides a general overview of the purpose and practice of arbitration law. Then, it provides a chapter-by-chapter analysis the Law …
The Evolution Of Investment-State Dispute Resolution In Nafta And Cafta: Wild West To World Order,
2012
Pepperdine University
The Evolution Of Investment-State Dispute Resolution In Nafta And Cafta: Wild West To World Order, Jeffrey T. Cook
Pepperdine Law Review
No abstract provided.
Don't Get Bit: Addressing Icsid's Inconsistent Application Of Most-Favored-Nation Clauses To Dispute Resolution Provisions,
2012
Pepperdine University
Don't Get Bit: Addressing Icsid's Inconsistent Application Of Most-Favored-Nation Clauses To Dispute Resolution Provisions, Gabriel Egli
Pepperdine Law Review
No abstract provided.
The Third Party Non-Signatory's Ability To Compel International Commercial Arbitration: Doing Justice Without Destroying Consent ,
2012
Pepperdine University
The Third Party Non-Signatory's Ability To Compel International Commercial Arbitration: Doing Justice Without Destroying Consent , James M. Hosking
Pepperdine Dispute Resolution Law Journal
This article analyzes the legal theories and other mechanisms employed in international commercial arbitration to achieve a workable compromise among the above-cited propositions. In so doing it touches on larger, more complex questions like the position of third parties in contract law, the jurisdictional foundations of arbitration, and the role of choice-of-law issues in determining the validity of the arbitration agreement. However important these broader concerns may be, they should not undermine the importance of the issue in its own right.
Collaborative Family Law - The Big Picture,
2012
Pepperdine University
Collaborative Family Law - The Big Picture, Kim David Kurodason, Donna Beck Weaver, David Kuroda
Pepperdine Dispute Resolution Law Journal
Collaborative family law is an innovative intervention designed to bring legal, psychological and financial expertise to assist couples who face divorce. It's non-adversarial and problem-solving setting facilitates the transition to a healthy, post-divorce life for the family. Not surprisingly, clients are very satisfied. How does this all work and should you consider collaborative family law in your practice? Following presentation was made on February 20, 2004 at the Association of Family and Conciliation Courts California Chapter Conference and provides an introduction to the fundamentals of collaborative family law, the fastest growing practice area in family law.
Collaborative Lawyering: A Closer Look At An Emerging Practice,
2012
Pepperdine University
Collaborative Lawyering: A Closer Look At An Emerging Practice, William H. Schwab
Pepperdine Dispute Resolution Law Journal
A critical analysis of collaborative law (CL) is only now beginning, and should be based on actual, not hypothetical information about the practice and its impact on clients as courts, the bar, and the public begin to digest the idea of CL. This Article intends to present a more comprehensive picture of collaborative practice than is currently available, to better inform the ongoing conversation about what role CL will play in the legal system. Toward that end, the following sketches some basic questions about CL, and provides some preliminary answers. Part I recounts the origin of CL and introduces the …
The Collaborative Law Process For Prenuptial Agreements,
2012
Pepperdine University
The Collaborative Law Process For Prenuptial Agreements, Donna Beck Weaver
Pepperdine Dispute Resolution Law Journal
This article posits that the prevailing adversarial model for negotiating prenuptial agreements deters many from considering them, and limits the benefits that might otherwise be achieved for couples by prenuptial planning. This article posits that the collaborative law process offers an effective method for developing prenuptial agreements, one that is far better suited to the needs of persons who are about to marry than the traditional model. This article concludes that the standard of care for prenuptial agreements should mandate the use of the collaborative process for most cases.
Collaborative Family Law,
2012
Pepperdine University
Collaborative Family Law, Pauline H. Tesler
Pepperdine Dispute Resolution Law Journal
Collaborative Law appears to meet significant needs both among family law clients and among the lawyers who assist them through divorce. As will be discussed more fully below, clients appear to want the advantages of a contained, settlement-oriented, creative, private, respectful process without sacrificing the benefits of having a committed legal advocate at their sides. For that reason Collaborative Law appeals to clients who may hesitate to commit to a dispute resolution process facilitated solely by a neutral mediator. And, while many family lawyers suffer considerable professional angst as a consequence of their awareness that family law courts are neither …
Colloborative Law Introduction,
2012
Pepperdine University
Colloborative Law Introduction, Stu Webb
Pepperdine Dispute Resolution Law Journal
Introduction to Collaborative Law Symposium.
