Dispute Resolution and Arbitration Commons^™

Summary Of Awada V. Shuffle Master, Inc., 123 Nev. Adv. Op. No. 57, Magali Calderon

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Moon V. Mcdonald, Carano & Wilson, Llp, 129 Nev. Adv. Op. 56, David Rothenburg

Nevada Supreme Court Summaries

No abstract provided.

Summary Of Wyeth V. Rowatt, 126 Nev. Adv. Op. No. 44, Yam Xiong Li

Nevada Supreme Court Summaries

No abstract provided.

The End Of Mandatory Securities Arbitration?, Jill I. Gross

Pace Law Review

No abstract provided.

Summary Of Elyousef V. O’Reilly & Ferrario, Llc, 126 Nev. Adv. Op. No. 43, Ashley C. Nikkel

Nevada Supreme Court Summaries

An appeal from a summary judgment in a legal malpractice action.

Redemption And Resistance: Lessons In Non-Violent Action From Early Aotearoa/New Zealand, Ian Macduff

Research Collection Yong Pung How School Of Law

This article provides a brief account of the non-violent resistance of two Maori chiefs, Te Whiti and Tohu, in 19th century New Zealand. Each example of such non-violent or passive resistance is unique to its historical and cultural context; but at the same time there is a tangible common ground between this example and those found elsewhere, such as Martin Luther King and Gandhi. This article will also draw a link between the politics of acts of resistance – in this case, resistance to the forceful acquisition of Maori land – and faith-based justifications. In conclusion, it will be suggested …

Between A Rock And A Hard Place: The Plight Of Health Care Arbitration Agreements Under Federal Law, James C. Dunkelberger

BYU Law Review

No abstract provided.

C-Drum News, V. 4, No. 1, Fall 2010

The C-DRUM News

No abstract provided.

Before You Take A Collaborative Law Case, John M. Lande

Faculty Publications

Under the Model Rules of Professional Conduct, lawyers have a duty to screen potential Collaborative Law (CL) cases for appropriateness and obtain clients' informed consent to use CL. The duty to screen cases is based on the "reasonableness" requirement of Rule 1.2(c) and the requirement to avoid conflicts of interest that might interfere with competent and diligent representation under Rule 1.7. Both rules require lawyers to obtain clients' informed consent to participate in a CL process. Although the Uniform Collaborative Law Act is not an ethical rule, sections 14 and 15 create relevant duties, including detailed provisions requiring lawyers to …

Helping Good Lawyers Help Clients Make Good Decisions About Dispute Resolution, John M. Lande

Faculty Publications

Counseling clients about dispute resolution options is easier said than done. These can be complex and difficult decisions, and lawyers may not have appropriate resources to help lawyers counsel clients in choosing dispute resolution options. While establishing rules requiring this kind of training may help to remedy this shortcoming, perhaps the most promising involves using dispute systems design (DSD) procedures to establish better ways of training lawyers to counsel clients.

Private Transfer Fee Covenants: Cleaning Up The Mess, R. Wilson Freyermuth

Faculty Publications

The purposes for creating a "private transfer fee" covenant range from supporting community services to creating a future revenue stream for the developer. Traditionally, courts examined these covenants using the touch and concern standard. The Restatement (Third) of Property: Servitudes, however, rejects this standard. This Article discusses this new approach as it relates to private transfer fees. The author argues that private transfer fee covenants are contrary to public policy and encourages states to enact legislation limiting the enforcement of these covenants.

Manifest Disregard And The Imperfect Procedural Justice Of Arbitration, Thomas V. Burch

Scholarly Works

Arbitration is an efficient dispute-resolution system that respects parties’ right to an accurate award. But because arbitration is designed to be efficient, accuracy is not guaranteed. This presents a challenge when courts are asked to confirm or vacate arbitrators’ decisions. Judges dislike approving inaccurate awards, especially in cases where parties have unequal bargaining power. Yet, judges also recognize arbitration’s limited-review principle. So they are forced to balance their desire for accuracy against arbitration’s efficiency policy. Efficiency typically wins at the expense of accurate outcomes.

This Article contends that courts place too much emphasis on the efficiency policy in mandatory arbitration. …

Court-Annexed Arbitration And Nevada's Unique Penalty Provisions: Introducing An Arbitrator's Findings At A Trial De Novo, Paul C. Williams

Nevada Law Journal

No abstract provided.

Four Mediation Stories From Across The Globe, Nadja Alexander

Research Collection Yong Pung How School Of Law

In the past 30 years mediation has emerged as a significant dispute resolution narrative around the world. It contains many stories told by different story-tellers -- stories about diverse practices, communities and courts, in creasing institutionalisation, regulation, accreditation, standards, research and theoretical developments. Together these stories weave a tapestry of our social and cultural experience of mediation and define mediation as a narrative, a practice and a profession.

Trick Or Treat: The Ethics Of Mediator Manipulation, Jim Coben, Lela P. Love

Articles

Much of what good mediators do can be characterized as “helpful interventions” that assist the parties towards legitimate goals such as a better understanding, a platform for developing options, and (where the parties choose) an agreement or settlement. However, all such “helpful interventions” are inevitably "manipulative," in the sense that the mediator is, often unilaterally, making “moves” with profound impact on the parties’ bargaining. To evaluate the ethics of any individual move, the authors propose asking two questions: 1) does the move further or help a legitimate party or process goal that advances party self-determination in decision-making; and 2) is …

Summary Of Schiff V. Winchell, 126 Nev. Adv. Op. No. 32, Amy Kominsky

Nevada Supreme Court Summaries

The Court determined whether the pre-judgment interest rate is calculated based the date of the original judgment or the date of affirmation on appeal.

Summary Of Quinlan V. Camden Usa Inc., 126 Nev. Adv. Op. No. 30, Zachary Lowe

Nevada Supreme Court Summaries

Appeal from district court’s award of attorney fees and costs in favor of Camden pursuant to a rejected offer of judgment on behalf of Quinlan. The Court decided whether Nevada would adopt an implied consent to service by facsimile for an offer of judgment under NRS 17.115 and NRCP 68.M

Legislating In The Light: Considering Empirical Data In Crafting Arbitration Reforms, Amy J. Schmitz

Faculty Publications

Consumer advocates and policymakers call for abolition of predispute arbitration clauses in consumer contracts, while proponents of arbitration claim such abolition would increase companies’ dispute resolution costs, leading to higher prices and interest rates. Policymakers on both sides of the debate, however, rarely consider the empirical research necessary for crafting informed arbitration disclosure rules. This article therefore focuses on how varied research, including my own empirical studies, may inform policies regarding arbitration disclosure regulations. The article also offers suggestions for regulations tailored to have the most impact for the cost in light of this research.

Table Of Contents - Issue 2

Journal of Dispute Resolution

No abstract provided.

Adr And The Rule Of Law: Making The Connection, Richard C. Reuben

Faculty Publications

In this article, I will address important definitional questions and try to articulate why it is important for practitioners, program managers, scholars, judges, and others involved in ADR to engage questions about the relationship between ADR and the rule of law.