References
A Review of the American Arbitration Association’s New ClauseBuilder Tool
May 31, 2013
In December 2012, the American Arbitration Association (AAA) launched their ClauseBuilder tool online. Anyone can access this tool without signing on to the AAA’s website by going to www.clausebuilder.org. The AAA indicates that the tool will assist “individuals and organizations in drafting clear and effective arbitration and mediation clauses.” In the initial news release, the AAA noted that the tool is based on the AAA’s standard arbitration agreement and that it is limited to commercial...
May 31, 2013
In December 2012, the American Arbitration Association (AAA) launched their ClauseBuilder tool online. Anyone can access this tool without signing on to the AAA’s website by going to www.clausebuilder.org. The AAA indicates that the tool will assist “individuals and organizations in drafting clear and effective arbitration and mediation clauses.” In the initial news release, the AAA noted that the tool is based on the AAA’s standard arbitration agreement and that it is limited to commercial...
Exploring the Limits of the Restorative Justice Paradigm: Restorative Justice and White-Collar Crime
February 8, 2012
While restorative justice and victim-offender mediation have been lauded bymany scholars, Gabbay questions whether this type of setting will work in fields such as white-collar crime, where thousands of people are affected and millions of dollars could be at stake. The author explains that restorative justice would help in the field of Enron-style white collar crime, but only if an innovative model for a new kind of mediation can be discovered.
February 8, 2012
While restorative justice and victim-offender mediation have been lauded bymany scholars, Gabbay questions whether this type of setting will work in fields such as white-collar crime, where thousands of people are affected and millions of dollars could be at stake. The author explains that restorative justice would help in the field of Enron-style white collar crime, but only if an innovative model for a new kind of mediation can be discovered.
The History of an Idea
February 8, 2012
Today we mark the twenty-fifth anniversary of Against Settlement, although in truth it has a longer history. The essay was published in May 1984, but the animating idea-that the purpose of adjudication is justice, not peace-can be traced to the civil rights era and the 1960s.
February 8, 2012
Today we mark the twenty-fifth anniversary of Against Settlement, although in truth it has a longer history. The essay was published in May 1984, but the animating idea-that the purpose of adjudication is justice, not peace-can be traced to the civil rights era and the 1960s.
Fair Enough? Reconciling the Pursuit of Fairness and Justice with Preserving the Nature of International Commercial Arbitration
February 8, 2012
This note examines the different characteristics of international commercial arbitration and argues that a quest for fairness and justice should not sacrifice other advantages of international arbitration. The note discusses how confidentiality has lost significance as a result of this prioritization and further argues that international arbitration has developed sufficient rules and limitations to ensure that fairness and justice are provided to participants. Ultimately, the note finds that appellate...
February 8, 2012
This note examines the different characteristics of international commercial arbitration and argues that a quest for fairness and justice should not sacrifice other advantages of international arbitration. The note discusses how confidentiality has lost significance as a result of this prioritization and further argues that international arbitration has developed sufficient rules and limitations to ensure that fairness and justice are provided to participants. Ultimately, the note finds that appellate...
Regional Solutions to Regional Problems: The Elusive Search for Security in the African Great Lakes
February 8, 2012
This author proposes a possible solution for citizens in the Great Lakes region of Africa, who have been subjected to civil war, genocide and violence in the last decade. To resolve these problems, the author introduces the idea that international communities develop a regional security system focusing on mediation and the facilitation of mediated negotiations throughout the region.
February 8, 2012
This author proposes a possible solution for citizens in the Great Lakes region of Africa, who have been subjected to civil war, genocide and violence in the last decade. To resolve these problems, the author introduces the idea that international communities develop a regional security system focusing on mediation and the facilitation of mediated negotiations throughout the region.
The Democratic Roots of Collaborative Lawyering
February 8, 2012
This Article reinterprets collaborative lawyering - and its call for progressive lawyers to collaborate with clients and communities to jointly pursue social change - as part of a participatory democratic tradition of active self-government by engaged citizens. Rejecting conventional views that collaborative lawyering primarily grows out of postmodernist social theory, the Article details this lawyering approach's deep affinity with John Dewey's modern recasting of Athenian and Jeffersonian ideas...
February 8, 2012
This Article reinterprets collaborative lawyering - and its call for progressive lawyers to collaborate with clients and communities to jointly pursue social change - as part of a participatory democratic tradition of active self-government by engaged citizens. Rejecting conventional views that collaborative lawyering primarily grows out of postmodernist social theory, the Article details this lawyering approach's deep affinity with John Dewey's modern recasting of Athenian and Jeffersonian ideas...
Confidentiality in Arbitration: Beyond the Myth
February 8, 2012
This article is the first to explore that question in the important context of whether arbitration communications can be discovered and admitted into evidence in other legal proceedings - a question that is just beginning to show up in the cases. It first surveys the federal and state statutory and case law, finding that arbitration communications in fact are generally discoverable and admissible. It then considers the normative desirability of discovering and admitting arbitration communications...
February 8, 2012
This article is the first to explore that question in the important context of whether arbitration communications can be discovered and admitted into evidence in other legal proceedings - a question that is just beginning to show up in the cases. It first surveys the federal and state statutory and case law, finding that arbitration communications in fact are generally discoverable and admissible. It then considers the normative desirability of discovering and admitting arbitration communications...
Mediation Outcomes: Lawyers’ Experience with Commercial and Construction Mediation in the United Kingdom
February 8, 2012
This article focuses mainly on the role of lawyers in the development of alternative dispute resolution following the implementation of the Civil Procedure Rules in 1999. It focuses on mediation in particular, and contains information gained in part from interviews with lawyers in the United Kingdom specializing in commercial and construction related law.
February 8, 2012
This article focuses mainly on the role of lawyers in the development of alternative dispute resolution following the implementation of the Civil Procedure Rules in 1999. It focuses on mediation in particular, and contains information gained in part from interviews with lawyers in the United Kingdom specializing in commercial and construction related law.
Securities Mediation: Dispute Resolution for the Individual Investor
February 8, 2012
This article examines the fairness of mediation of customers' disputes with their securities brokers and their brokerage firms. After a brief description of the history of alternative dispute resolution of customer disputes in the securities industry, including the rise of mediation in the 1990s, I examine the impact on individual investors of the various layers of regulation of the mediation process, including the federal securities laws and state mediation laws. I also reject a recent federal court's...
February 8, 2012
This article examines the fairness of mediation of customers' disputes with their securities brokers and their brokerage firms. After a brief description of the history of alternative dispute resolution of customer disputes in the securities industry, including the rise of mediation in the 1990s, I examine the impact on individual investors of the various layers of regulation of the mediation process, including the federal securities laws and state mediation laws. I also reject a recent federal court's...
Systemic Perspective of ADR in. Latin America: Enhancing the Shadow of the Law Through Citizen Participation
February 8, 2012
This article discusses the need for legal reform in Latin America, and the possibility for ADR mechanisms to assist in that process by providing a way for citizens to feel engaged in the dispute resolution process.
February 8, 2012
This article discusses the need for legal reform in Latin America, and the possibility for ADR mechanisms to assist in that process by providing a way for citizens to feel engaged in the dispute resolution process.
