Why Mediation & “Sorry” Make Sense: Apology Statutes As A Catalyst For Change In Medical Malpractice,
2019
University of Missouri School of Law
Why Mediation & “Sorry” Make Sense: Apology Statutes As A Catalyst For Change In Medical Malpractice, Zaina Afrassiab
Journal of Dispute Resolution
Children are taught the most basic common courtesy, apologizing, not long after they learn to speak. While children are expected to say, “I’m sorry,” there are different expectations of and consequences for adults, particularly in professional settings. “As we age, it becomes more difficult to acknowledge harms caused because . . . we are . . . afraid of the consequences that truth-telling sometimes demands.” Can physicians tell patients they are sorry? Should they? In recent years, amidst an ever-increasing fear of litigation, so-called physician apology laws have gained traction in the United States. In fact, apology laws—revisions of state …
Uncitral Working Group Iii On Isds Reform: How Cross-Cutting Issues Reshape Reform Options,
2019
International Institute for Environment and Development
Uncitral Working Group Iii On Isds Reform: How Cross-Cutting Issues Reshape Reform Options, Lorenzo Cotula, Thierry Berger, Lise Johnson, Brooke Güven, Jesse Coleman
Columbia Center on Sustainable Investment Staff Publications
The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …
Draft Text Providing For Transparency And Prohibiting Certain Forms Of Third-Party Funding In Investor–State Dispute Settlement,
2019
Columbia Law School, Columbia Center on Sustainable Investment
Draft Text Providing For Transparency And Prohibiting Certain Forms Of Third-Party Funding In Investor–State Dispute Settlement, Brooke Güven, Lise Johnson, Nathalie Bernasconi-Osterwalder, Lorenzo Cotula, Jane Kelsey
Columbia Center on Sustainable Investment Staff Publications
The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …
Third-Party Rights In Investor-State Dispute Settlement: Options For Reform,
2019
Columbia Law School, Columbia Center on Sustainable Development
Third-Party Rights In Investor-State Dispute Settlement: Options For Reform, Jesse Coleman, Lise Johnson, Brooke Güven, Lorenzo Cotula, Thierry Berger
Columbia Center on Sustainable Investment Staff Publications
The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …
Draft Treaty Language: Withdrawal Of Consent To Arbitrate And Termination Of International Investment Agreements,
2019
Columbia Law School, Columbia Center on Sustainable Investment
Draft Treaty Language: Withdrawal Of Consent To Arbitrate And Termination Of International Investment Agreements, Brooke Güven, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …
E-Nudging Justice: The Role Of Digital Choice Architecture In Online Courts,
2019
University of Missouri School of Law
E-Nudging Justice: The Role Of Digital Choice Architecture In Online Courts, Ayelet Sela
Journal of Dispute Resolution
Justice systems around the world are launching online courts and tribunals as a means to improve their efficiency, increase access to justice, and ameliorate the quality of proceedings. These online courts and tribunals are publicly administered judicial online dispute resolution (ODR) systems that enable litigants, lawyers, judges and court personnel to complete all litigation related activities, from filing through final disposition, on a dedicated digital platform. Online courts are envisioned as a promising response to many challenges that civil justice systems face, including those stemming from voluminous case filings, procedural complexity, limited accessibility, high costs of litigation, and the ubiquity …
Mind The Gap: Bringing Technology To The Mediation Table,
2019
University of Missouri School of Law
Mind The Gap: Bringing Technology To The Mediation Table, Alyson Carrel, Noam Ebner
Journal of Dispute Resolution
As technology impacts every aspect of our lives, all professions are exploring how to benefit from use of technology. Mediation is no exception. Since the mid-1990s, the field has explored applying technology to resolve conflict. At an early point this exploration narrowed in on substituting physical convening with wholly-online processes. Conflating “technology” with “online,” however, left an entire practice area unaddressed, a gap we need to mind: application of technology to support traditional, in-person mediation processes. Indeed, today, most mediation processes are largely bereft of technology. This Article suggests that by not minding the gap, traditional mediation forgoes opportunities to …
Description,
2019
University of Missouri School of Law
Masthead,
2019
University of Missouri School of Law
Faculty List,
2019
University of Missouri School of Law
Table Of Contents,
2019
University of Missouri School of Law
“I Like You When You Are Silent”: The Future Of Ndas And Mandatory Arbitration In The Era Of #Metoo,
2019
University of Missouri School of Law
“I Like You When You Are Silent”: The Future Of Ndas And Mandatory Arbitration In The Era Of #Metoo, Jonathan Ence
Journal of Dispute Resolution
On October 5, 2017, the New York Times published an exposé of Harvey Weinstein, an influential film producer, which sparked what came to be known as the #METOO movement. As part of the report, Ashley Judd and numerous other actresses outed Weinstein for using his position of power to rape, sexually assault, and sexually abuse them–accusations that spanned over thirty years. Inspired by the courage of these women, countless others came forward to share their stories of sexual assault by individuals in positions of power. Survivors of sexual assault appeared to garner strength against their attackers as men in power …
Designing And Implementing A State Court Odr System: From Disappointment To Celebration,
2019
University of Missouri School of Law
Designing And Implementing A State Court Odr System: From Disappointment To Celebration, David Allen Larson
Journal of Dispute Resolution
State court systems rather suddenly are showing a tremendous interest in adopting court-integrated ODR systems. I have been involved with ODR system design for almost twenty years, and for the great majority of that time all the significant progress came from independent private sector alternative dispute resolution providers such as Modria (now part of Tyler Technologies Inc) and SmartSettle, or business-specific embedded systems like the one for eBay. Courts systems now are increasingly interested in ODR, which is significant because sustainability has been one of the greatest challenges for private independent ODR providers. The financial support that a judicial system …
Online Dispute Resolution For Smart Contracts,
2019
University of Missouri School of Law
Online Dispute Resolution For Smart Contracts, Amy J. Schmitz, Colin Rule
Journal of Dispute Resolution
Smart contracts built in the blockchain are quietly revolutionizing traditional transactions despite their questionable status under current law. At the same time, disputes regarding smart contracts are inevitable, and parties will need means for dealing with smart contract issues. This Article tackles this challenge, and proposes that parties turn to online dispute resolution (“ODR”) to efficiently and fairly resolve smart contract disputes. Furthermore, the Article acknowledges the benefits and challenges of current blockchain ODR start-ups, and proposes specific ideas for how designers could address those challenges and incorporate ODR to provide just resolutions that will not stymie efficiencies of smart …
Mandatory Arbitration Clauses For Shareholders: An Efficient Solution Or An Unconscionable Change?,
2019
University of Missouri School of Law
Mandatory Arbitration Clauses For Shareholders: An Efficient Solution Or An Unconscionable Change?, George Fowler
Journal of Dispute Resolution
While speaking before the Heritage Foundation in the summer of 2017, Michael Piwowar, Commissioner of the SEC, sparked controversy when he mentioned that companies undertaking IPOs may have an option to include mandatory shareholder arbitration provisions. Following this statement, he went as far as suggesting that companies that have considered undertaking IPOs should “come to us to ask for relief to put in mandatory arbitration into their charters.” This “relief” refers to “the SEC … revers[ing] its position that arbitration violates the Securities and Exchange Act of 1934, bringing the commission back in line with current Supreme Court precedent.” While …
Supporting Party Autonomy In The Enforcement Of Cross-Border Mediated Settlement Agreements: A Brave New World Or Unchartered Territory?,
2019
Singapore Management University
Supporting Party Autonomy In The Enforcement Of Cross-Border Mediated Settlement Agreements: A Brave New World Or Unchartered Territory?, Dorcas Quek Anderson
Research Collection Yong Pung How School Of Law
The last decade has seen a palpable rise of domestic and international instruments tofacilitate the enforcement of cross-border mediated settlement agreements. The EU MediationDirective required member states to provide for enforcement of such agreements. Common lawjurisdictions including Singapore, Ireland and Ontario have enacted legislation to allowmediated settlement agreements to be recorded as court judgments. Other countries haveprovided for such agreements to be akin to arbitral awards for enforcement purposes. Mostrecently, the United Nations Commission on International Trade Law (UNCITRAL) has agreedto create multilateral convention and to amend the Model Law on International CommercialConciliation to facilitate cross-border enforcement of commercial disputes …
Malaysia Historical Salvors Revisited:,
2019
Loyola Marymount University and Loyola Law School
Malaysia Historical Salvors Revisited:, John P. Given
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Masthead & Table Of Contents,
2019
Pepperdine University
Masthead & Table Of Contents, Carson W. Bennett
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Judicial And Practitioner Perspectives On Adr,
2019
Pepperdine University
Judicial And Practitioner Perspectives On Adr, Young Hye Chun
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Arbitration And Mediation In Cross Border Disputes: Possibilities And Limitations,
2019
Pepperdine University
Arbitration And Mediation In Cross Border Disputes: Possibilities And Limitations, Young Hye Chun
Pepperdine Dispute Resolution Law Journal
No abstract provided.
