Dispute Resolution and Arbitration Commons^™

India Moves One Step Further Towards “Arbitration-Friendly” Jurisdiction, Xinyi Shen

Arbitration Law Review (2009 - Present)

No abstract provided.

Alternative Dispute Resolution Of Shareholder Disputes In Hong Kong: Institutionalizing Its Effective Use, David Huehnergarth

Arbitration Law Review (2009 - Present)

No abstract provided.

Expanding Access To Remedies Through E-Court Initiatives, Amy J. Schmitz

Buffalo Law Review

Virtual courthouses, artificial intelligence (AI) for determining cases, and algorithmic analysis for all types of legal issues have captured the interest of judges, lawyers, educators, commentators, business leaders, and policymakers. Technology has become the “fourth party” in dispute resolution through the growing field of online dispute resolution (ODR), which includes the use of a broad spectrum of technologies in negotiation, mediation, arbitration, and other dispute resolution processes. Indeed, ODR shows great promise for expanding access to remedies, or justice. In the United States and abroad, however, ODR has mainly thrived within e-commerce companies like eBay and Alibaba, while most public …

When Alternative Dispute Resolution Works: Lessons Learned From The Bashingantahe, Alexander J. Buszka

Buffalo Law Review

No abstract provided.

Mediator Burnout, Lydia Nussbaum

Scholarly Works

Being a mediator is hard work Mediators must make meaningful connections with individuals without over-stepping bounds of impartiality, manage emotions without becoming emotionally invested, and empower decision-making without undermining self-determination. Decades of research into occupational stress, also known as "burnout," indicates that mediators not only are susceptible to burnout, but also that the symptoms of burnout undermine fundamental principles of quality mediation. For example, a burned-out mediator may exhibit narrow and uncreative thinking, diminished capacity to regulate emotions, compromised decision-making, and deficits in attention and memory.

The prospect of mediator burnout not only threatens the quality of mediation, but it …

Global Carceral Feminism And Domestic Violence: What The West Can Learn From Reconciliation In Uganda, Aparna Polavarapu

Scholarly Works

Around the world, policies and laws emphasizing criminal justice have dominated domestic violence interventions for decades. In the United States, certain feminist advocates worked with state actors to develop a primarily criminal justice response to domestic violence. Western influence in the international human rights movement has spread this approach around the world, leading it to become the key means of addressing violence against women. However, critics argue that the overreliance on the criminal justice system is a key failure of the anti-domestic-violence movement, with some referring to the strain of feminism promoting prosecution as "carceral feminism. " The carceral approach …

Mandatory Arbitration Stymies Progress Towards Justice In Employment Law: Where To, #Metoo?, Jean R. Sternlight

Scholarly Works

Today our employment law provides workers with far more protection than once existed with respect to hiring, firing, salary, and workplace conditions. Despite these gains, continued progress towards justice is currently in jeopardy due to companies’ imposition of mandatory arbitration on their employees. By denying their employees access to court, companies are causing employment law to stultify. This impacts all employees, but particularly harms the most vulnerable and oppressed members of our society for whom legal evolution is most important. If companies can continue to use mandatory arbitration to eradicate access to court, where judges are potentially influenced by social …

Singapore Convention Presents An Opportunity For Georgia In Mediation, Peter B. Rutledge, Katherine M. Larsen

Popular Media

On Dec. 20, 2018, the United Nations General Assembly adopted the Singapore Convention. The Singapore Convention ensures that a mediation settlement reached by parties will be binding and enforceable in accordance with a streamlined procedure. The convention will compel contracting states to recognize international mediation settlement agreements in commercial disputes. On Aug. 7, the opening day of the convention, a record 46 nations signed the Singapore Convention on Mediation, including the United States.

The Singapore Convention presents a unique opportunity for Georgia to become a forum for hospitable mediation. Much like it adopted an international arbitration code, the state could …

Mediation: An Unlikely Villain, Thomas O. Main

Scholarly Works

Professor Main argues that the modem ADR movement (and mediation in particular), rather than some (other) ideology, beget the pleading and summary judgment standards that exemplify contemporary practice and procedure in the fourth era in the history of American civil procedure. The other key reforms of the fourth era-the vanishing trial, the embrace of ADR, judicial case management and the pursuit of settlement by any means necessary-are more obviously tied to the modem ADR movement. Blame for all of the key fourth era reforms is thus traceable to the modern ADR movement. This, in turn, matters because it is generally …

Religious Courts In Secular Jurisdictions: How Jewish And Islamic Courts Adapt To Societal And Legal Norms, Rabea Benhalim

Publications

At first glance, religious courts, especially Sharia courts, seem incompatible with secular, democratic societies. Nevertheless, Jewish and Islamic courts operate in countries like the United States, England, and Israel. Scholarship on these religious courts has primarily focused on whether such religious legal pluralism promotes the value of religious freedom, and if so, whether these secular legal systems should accommodate the continued existence of these courts. This article shifts the inquiry to determine whether religious courts in these environments accommodate litigants’ popular opinions and the secular, procedural, and substantive justice norms of the country in which they are located. This article …

The Case For American Muslim Arbitration, Rabea Benhalim

Publications

This Article advocates for the creation of Muslim arbitral tribunals in the United States. These tribunals would better meet the needs of American Muslims, who currently bring their religious disputes to informal forums that lack transparency. Particularly problematic, these existing forums often apply legal precedent developed in majority-Muslim nations, without taking into consideration the changed circumstances of Muslim living as minorities in the United States. These interpretations of Islamic law can have especially negative impacts on women. American Muslim arbitration tribunals offer the potential to correct these inadequacies. Furthermore, a new arbitral system could better meet the needs of sophisticated …

Dispute Resolution Neutrals’ Ethical Obligation To Support Measured Transparency, Nancy A. Welsh

Oklahoma Law Review

No abstract provided.

Singapore Mediation Convention Reference Book, Harold Abramson (Faculty Editor)

Scholarly Works

No abstract provided.

Sharkfests And Databases: Crowdsourcing Plea Bargains, Kay L. Levine, Ronald F. Wright, Nancy J. King, Marc Miller

Texas A&M Law Review

In this Essay, we dive deeper into this final dimension to discuss the influence of professional networks on plea negotiations. In particular, we examine the effects of crowdsourcing tactics in the negotiation setting. We describe, for example, what happens when lawyers bargain in public, benefitting from an audience that provides information about past practices and deals. And then we speculate about what might happen if that audience were instead a widely shared database that documents plea practices in the jurisdiction. We offer a few preliminary thoughts about the potential influence of such techniques, as we are not in a position …

The Changed Batna, Elayne E. Greenberg

Faculty Publications

(Excerpt)

This column invites readers to consider whether the adjudicated outcome should be relied on as a realistic benchmark for advocates and mediators. In everyday dispute resolution practice, advocates and mediators regularly consider an adjudicated decision to be a realistic point of comparison to a negotiated or mediated outcome. For example, when assessing the merits of settlement, lawyers preparing for a legal negotiation and mediation frequently consider the likely adjudicated outcome as their best alternative to a negotiated agreement (hereinafter BATNA). In mediation, mediators often focus parties and their lawyers on the cost, time and likelihood of a favorable adjudicated …

Up Close And Personal: Whether Or Not You Decide To Report A Confidentiality Exception, Elayne E. Greenberg

Faculty Publications

(Excerpt)

In your role as lawyer or neutral, have you ever reported an otherwise confidential communication because it was one of these permissible confidentiality exceptions? Why? This column will discuss how our ethical and personal considerations shape our decisions as advocates and dispute resolution professionals about whether to report ethically permissible exceptions to confidentiality. Readers, you are invited to rethink your ethical reporting obligations and develop more self-awareness about your personal rationales for your reporting choices.

Hey, Big Spender: Ethical Guidelines For Dispute Resolution Professionals When Parties Are Backed By Third-Party Funders, Elayne E. Greenberg

Faculty Publications

This first-of-its-kind paper introduces ethical guidelines and suggested practices for dispute resolution providers and neutrals when third-party funders provide financial backing for parties in U.S. domestic arbitrations and mediations. Sophisticated third-party funders have realized that litigation and dispute resolution are fast-growing, unregulated investment opportunities. Seizing these opportunities, third-party funders are now making billions of dollars in profits through their strategic investments in domestic and global litigation and dispute resolution with few ethical rules or regulations to curtail their investment behavior.3 Preferring to be secretive about the terms of their funding contracts and invisible in their work, third- party funders are …

Arbitration Law Update: 2018-2019, Teresa J. Verges, Elissa Germaine

Faculty Publications

(Excerpt)

This article summarizes the leading federal and state arbitration cases during the last year that are of particular relevance to the securities arbitration practitioner. The Supreme Court decided three cases related to arbitration involving the “wholly groundless” exception, class arbitration, and arbitrability. Courts also addressed issues concerning arbitrability, vacating arbitration awards, a receiver action on behalf of defrauded investors, the limits of FINRA arbitration over member’s other business activities, and discovery in arbitration.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 20, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

2018 Camp Courthouse Colloquy, United States Court Of Appeals For The Second Circuit: The Art Of Mediating Intractable Disputes, George J. Mitchell

Cardozo Journal of Conflict Resolution

In 1974, the Civil Appeals Mediation Program ("CAMP") was established in the Second Circuit of the United States Court of Appeals as a pioneering initiative. CAMP is an integral part of the court's appellate process and provides mediation in suitable, counseled civil appeals that are eligible under Local Rule 33.1. In 2017, CAMP inaugurated the Courthouse Mediation Colloquy series to gather members of the judiciary, members of the bar, mediators, academics, and students in an informal, educational setting. The Colloquy features a distinguished guest engaging in a conversation with a representative of the court about aspects of mediation that are …