Musings On Mediation, Kleenex, And (Smudged) White Hats,
2011
Texas A&M University School of Law
Musings On Mediation, Kleenex, And (Smudged) White Hats, Nancy A. Welsh
Faculty Scholarship
This Essay speculates on the global future of mediation. It anticipates that mediation’s popularity will continue to grow both in the U.S. and abroad particularly as courts continue to encourage and institutionalize the process. Meanwhile, the Essay acknowledges the existence and continuing development of a relatively small cadre of elite lawyers and retired judges who serve as private mediators in large, complex matters.
The Essay also raises concerns, though, regarding the current lack of clarity in the goals and procedural characteristics that define mediation. The Essay asserts that such lack of clarity invites abuse of the mediation privilege and exclusionary …
Finding The Appropriate Mode Of Dispute Resolution: Introducing Neutral Evaluation In The Subordinate Courts,
2011
Singapore Management University
Finding The Appropriate Mode Of Dispute Resolution: Introducing Neutral Evaluation In The Subordinate Courts, Dorcas Quek Anderson, Chi-Ling Seah
Research Collection Yong Pung How School Of Law
The Alternative Dispute Resolution (ADR) movement has gained significant traction over the last three decades and has been expanding at a rapid pace in many common law jurisdictions. The allure of ADR lies, in large part, in its recognition of litigants’ desire for self-determination and autonomy in resolving their disputes. ADR became even more attractive as dissatisfaction with the traditional court system grew. In the seminal Roscoe Pound Conference on Popular Causes of Dissatisfaction with the Administration of Justice in USA, the changing role of the courts was highlighted, casting ADR further into the spotlight.i Instead of offering only adjudication …
C-Drum News, V. 5, No. 1, Fall 2011,
2011
University of Maryland Francis King Carey School of Law
Guide To Non-Traditional Research Resources In Conflict Resolution, Civil Discourse, And Public Deliberation And Dialogue,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
Guide To Non-Traditional Research Resources In Conflict Resolution, Civil Discourse, And Public Deliberation And Dialogue, Wiener-Rogers Law Library, University Of Nevada, Las Vegas -- William S. Boyd School Of Law
Nevada Legal Research Guides / Reference Desk Guides
No abstract provided.
Arbitration Ambush In A Policy Polemic,
2011
University of Missouri School of Law
Arbitration Ambush In A Policy Polemic, Amy J. Schmitz
Faculty Publications
Arbitration has been demonized in the media and consumer protection debates, often without empirical support or consideration of its attributes. This has led to renewed efforts to pass the Arbitration Fairness Action, which would bar enforcement of pre-dispute arbitration clauses in consumer, employment, and civil rights contexts. It also inspired Dodd-Frank’s preclusion of arbitration clauses in mortgage contracts, along with the Consumer Financial Protection Bureau’s charge to prohibit or limit enforcement of pre-dispute arbitration agreements in consumer financial products and services contracts. Some of this negativity toward arbitration is warranted, especially in the wake of the United Supreme Court’s recent …
International Arbitration And The Republic Of Colombia: Commercial, Comparative And Constitutional Concerns From A U.S. Perspective,
2011
University of Missouri School of Law
International Arbitration And The Republic Of Colombia: Commercial, Comparative And Constitutional Concerns From A U.S. Perspective, S. I. Strong
Faculty Publications
This article undertakes the first comparative analysis of Colombian arbitration law in English, setting Colombian statutory and case law side by side with international and U.S. law to provide U.S. parties with the information they need to (1) evaluate the risks and benefits associated with entering into an arbitration agreement with a Colombian party and (2) establish the kinds of procedures needed to provide optimal protection of the arbitral process and any resulting award. Not only does this research discuss important comparative and commercial matters, it also considers how a unique type of constitutional challenge - the acción de tutela …
How To Play Your Hand: Lessons For Negotiators From Poker,
2011
University of Nevada, Las Vegas -- William S. Boyd School of Law
How To Play Your Hand: Lessons For Negotiators From Poker, John Valery White, Joseph Asher, Russell Korobkin, Jack Binion, Howard Lederer, Annie Duke
UNLV Gaming Law Journal
A panel discussion on the topic of conflict resolution and negotiation strategies among internationally acclaimed poker players Annie Duke and her brother, Howard Lederer, UCLA professor Russell Korobkin, and leading Las Vegas gaming executive Jack Binion. The following transcript reflects the speakers' discussion.
Building A New Bridge Over Troubled Waters: Lessons Learned From Canadian And U.S. Arbitration Of Human Rights And Discrimination Employment Claims,
2011
Wilfrid Laurier University
Building A New Bridge Over Troubled Waters: Lessons Learned From Canadian And U.S. Arbitration Of Human Rights And Discrimination Employment Claims, Shelley Mcgill, Ann Marie Tracey
Cardozo Journal of International and Comparative Law
The article critiques the U.S. Supreme Court's decision in 14 Penn Plaza LLC v. Pyett, which upheld the enforceability of collective bargaining agreements that waive individuals' rights to pursue statutory discrimination claims in court, favoring mandatory arbitration. The authors argue that this ruling undermines access to justice and the societal goals of anti-discrimination laws, advocating for legislative reforms to preserve judicial forums. They contrast this with the Canadian system, which allows concurrent jurisdiction between labor arbitrators and human rights tribunals, emphasizing transparency, accountability, and public policy goals. The authors propose that arbitration should not preclude access to judicial or …
Through The Looking Glass: Understanding Social Science Norms For Analyzing International Investment Law,
2011
American University Washington College of Law
Through The Looking Glass: Understanding Social Science Norms For Analyzing International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins
Scholarly Articles in Law Reviews & Journals
When social science methods are being employed in a new context — such as the assessment of international investment law — there is value in exploring the underlying assumptions and normative baselines of the enterprise. This article and response address critiques about the methodology of an article in the Harvard International Law Journal by: (1) describing the value of social science in international investment law; (2) replicating the research using new methodologies to conduct more than 20 new tests that were still unable to ascertain the existence of a reliable relationship between development status and outcomes on the basis of …
Opening The Mediation Window In The Arbitration House,
2011
Singapore Management University
Opening The Mediation Window In The Arbitration House, Nadja Alexander
Research Collection Yong Pung How School Of Law
Throughout the 20th century the arbitration house has dominated the landscape of international commercial dispute resolution withthe court house providing another part of the structural landscape. In the 21st century foundations are being laid for construction of a free-standing mediation house in international dispute resolution practice. Meanwhile a closer inspection of arbitration house reveals the ongoing construction of mediation and other ADR windows in its design. In this paper I explore how and why mediation windows are being built, their structural and functional soundness and the extent to which they may open up and transform arbitration.
A Nuisance Model For Patent Law,
2011
Boston University School of Law
A Nuisance Model For Patent Law, Janet Freilich
Faculty Scholarship
The question of whether damages or an injunction should remedy patent infringement is a highly controversial issue that has been discussed at length in the academic literature. Traditionally, injunctions have been the presumptive remedy for infringement, but this presumption increases holdouts and inefficiency. However, scholars fear that granting damages instead of an injunction will reduce incentives for innovation. In eBay v. MercExchange, the Supreme Court attempted to solve the problem by giving lower courts permission to grant damages instead of an injunction based on equitable principles. However, five years after eBay, lower courts overwhelmingly continue to grant injunctions, in …
It's A Question Of Design: Byo Mediation,
2011
Singapore Management University
It's A Question Of Design: Byo Mediation, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, seven ideas to invigorate your 'Build Your Own' (BYO) mediation practice are presented.
Mandatory Arbitration As An Employer's Contractual Prerogative: The Efficiency Challenge To Equal Employment Opportunity,
2011
St. Thomas University School of Law
Mandatory Arbitration As An Employer's Contractual Prerogative: The Efficiency Challenge To Equal Employment Opportunity, Stephen A. Plass
Cardozo Law Review
No abstract provided.
Summary Of Daane V. Dist. Ct., 127 Nev. Adv. Op. 59,
2011
Nevada Law Journal
Summary Of Daane V. Dist. Ct., 127 Nev. Adv. Op. 59, Michelle Newman
Nevada Supreme Court Summaries
A writ of prohibition precluding further proceedings by Nevada’s Foreclosure Mediation Program was denied because the petitioner had an adequate remedy in the ordinary course of law.
Singapore Court Of Appeal Re-Affirms Commitment To Minimal Intervention Of Arbitral Awards At The Intersection Of Illegality And Public Policy,
2011
Singapore Management University
Singapore Court Of Appeal Re-Affirms Commitment To Minimal Intervention Of Arbitral Awards At The Intersection Of Illegality And Public Policy, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Rescuing The International Arbitral Model: Identifying The Problem In Natural Resources Trade And Development,
2011
West Virginia University College of Law
Rescuing The International Arbitral Model: Identifying The Problem In Natural Resources Trade And Development, Jacob R. Shaffer
West Virginia Law Review
No abstract provided.
Rectitude In International Arbitration,
2011
Boston University School of Law
Rectitude In International Arbitration, William W. Park
Faculty Scholarship
Few criteria for evaluating arbitrator independence and impartiality will stay foolproof for long, given how ingenious fools often prove themselves to be. No less than in other areas of the law, elaboration of ethical standards for arbitrators implicates a tension between the transient and the permanent. Conflict-of-interest principles remain most useful if implemented with sensitivity to new trouble spots. Traditional ethical models serve as starting points for evaluating the fitness of those to whom business managers and nations entrust their treasure and their welfare. The constant evolution in expectations by users of the arbitral system call for regular adjustment in …
Sovereign Immunity In The Enforcement Of Awards Against States,
2011
Singapore Management University
Sovereign Immunity In The Enforcement Of Awards Against States, Darius Chan
Research Collection Yong Pung How School Of Law
No abstract provided.
Designing The Gaps In Mediation Architecture,
2011
Singapore Management University
Designing The Gaps In Mediation Architecture, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this post on the Kluwer Mediation Blog, the 'gaps' in the developing architecture of mediation, and the design for regulatory spaces are explored.
The Mediation Meta-Model: The Realities Of Mediation Practice,
2011
Singapore Management University
The Mediation Meta-Model: The Realities Of Mediation Practice, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this article, I expand on the literature and present a meta-model for thinking about mediation practice. The Mediation Meta-Model is a structure for identifying different mediation approaches and how they relate to one other. It makes no claim to universal application. Rather, it offers a conceptual road-map for an increasingly complex and sophisticated array of practices which share the name mediation. The theoretical foundations and analysis for the Meta-Model have been included in previous work (2008).It is well known in Australian mediation circles that mediation practice does not always correspond to the dominant facilitative training model—even though, on the …
