References
Unity and Diversity in International Arbitration: The Case of Maritime Arbitration
February 8, 2012
The author analyzes the appropriateness of characterizing the independent field of maritime arbitration within the general category of international commercial arbitration. In making this determination, the author illustrates the diverse sources of arbitration law relating to maritime matters to show maritime arbitrations' expansive reach. One possible way to individualize this sector is to create an International Court on Maritime Arbitration within the International Maritime Organization to resolve...
February 8, 2012
The author analyzes the appropriateness of characterizing the independent field of maritime arbitration within the general category of international commercial arbitration. In making this determination, the author illustrates the diverse sources of arbitration law relating to maritime matters to show maritime arbitrations' expansive reach. One possible way to individualize this sector is to create an International Court on Maritime Arbitration within the International Maritime Organization to resolve...
English Maritime Law Update: 2007
February 8, 2012
The author notes the escalation in mediation among English courts in settling commercial matters in 2007. The article claims that this increase in use of mediation reflects a growing importance of mediation within global commercial disputes. Additionally, the article posits that English courts also may be shifting away from the traditional practice of minimizing arbitration appeals as reflected by the high amount of developments in English maritime law in 2007 coming from appeals of arbitrated decisions.
February 8, 2012
The author notes the escalation in mediation among English courts in settling commercial matters in 2007. The article claims that this increase in use of mediation reflects a growing importance of mediation within global commercial disputes. Additionally, the article posits that English courts also may be shifting away from the traditional practice of minimizing arbitration appeals as reflected by the high amount of developments in English maritime law in 2007 coming from appeals of arbitrated decisions.
Hunter-Gatherer Collaborative Practice
February 8, 2012
This article describes the development of a practice group based on a hunter-gatherer model, with the mission of providing high quality collaborative divorce services, with an emphasis on protecting children and divorcing partners, and expanding access to the middle- and lower- income families. Collaborative divorce teams formed from its interdisciplinary members serve divorcing families with efficient, cost-conscious, interest-based negotiation processes that protect children and help parties productively...
February 8, 2012
This article describes the development of a practice group based on a hunter-gatherer model, with the mission of providing high quality collaborative divorce services, with an emphasis on protecting children and divorcing partners, and expanding access to the middle- and lower- income families. Collaborative divorce teams formed from its interdisciplinary members serve divorcing families with efficient, cost-conscious, interest-based negotiation processes that protect children and help parties productively...
Understanding Mediators’ Orientations, Strategies, and Techniques: A Grid for the Perplexed
February 8, 2012
This Article begins with a review of previous efforts to categorize mediation and their shortfalls, including the lack of any widely-shared comprehensive method for describing the various approaches to mediation practice. The Article then offers a new grid system for classifying mediator orientations, strategies, and techniques and describes the potential utility of the grid, particularly its effectiveness in selecting mediators.
February 8, 2012
This Article begins with a review of previous efforts to categorize mediation and their shortfalls, including the lack of any widely-shared comprehensive method for describing the various approaches to mediation practice. The Article then offers a new grid system for classifying mediator orientations, strategies, and techniques and describes the potential utility of the grid, particularly its effectiveness in selecting mediators.
When Perception Changes Reality: An Empirical Study of Investors’ Views of the Fairness of Securities Arbitration
February 8, 2012
This article argues that although the process of arbitration in securities contracts has procedural safeguards for fairness, due to the perception of bias by the investors and their lack of faith in the arbitration process, reforms are needed.
February 8, 2012
This article argues that although the process of arbitration in securities contracts has procedural safeguards for fairness, due to the perception of bias by the investors and their lack of faith in the arbitration process, reforms are needed.
Substantive Fairness in Securities Arbitration
February 8, 2012
This article discusses how securities arbitration needs procedures that apply substantive legal principles in order to achieve fairness. The article also asserts that present-day securities arbitration only applies substantive law sporadically and inconsistently.
February 8, 2012
This article discusses how securities arbitration needs procedures that apply substantive legal principles in order to achieve fairness. The article also asserts that present-day securities arbitration only applies substantive law sporadically and inconsistently.
Note, The Demise of Class Actions Will Not be Televised
February 8, 2012
The note begins with a discussion of the background and common law leading to the rise of compulsory arbitration clauses and class action n waivers in consumer contracts. The author goes on the claim that the current trend is to cut against class waivers and then questions whether arbitration is a feasible method to resolve major consumer disputes in a fair and just manner.
February 8, 2012
The note begins with a discussion of the background and common law leading to the rise of compulsory arbitration clauses and class action n waivers in consumer contracts. The author goes on the claim that the current trend is to cut against class waivers and then questions whether arbitration is a feasible method to resolve major consumer disputes in a fair and just manner.
Community Mediation in Economic Crisis: the Reemergence of Precarious Sustainability
February 8, 2012
The authors analyze the history of community mediation centers and the effectiveness of those centers in resolving local disputes. They then demonstrate that the recent economic downturn has forced some of these centers to shut their doors due to funding problems. finally, they analyze the strategies that have enabled some centers to weather the storm, all while reinforcing that these centers provide a valuable community service.
February 8, 2012
The authors analyze the history of community mediation centers and the effectiveness of those centers in resolving local disputes. They then demonstrate that the recent economic downturn has forced some of these centers to shut their doors due to funding problems. finally, they analyze the strategies that have enabled some centers to weather the storm, all while reinforcing that these centers provide a valuable community service.
Teaching the Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, a Defining Features Matrix, Games, and an Exercise Based on Grievances Filed Against Florida Mediators
February 8, 2012
The author discusses the value of mediator impartiality in achieving party self-determination and techniques for teaching ethical values of impartiality.
February 8, 2012
The author discusses the value of mediator impartiality in achieving party self-determination and techniques for teaching ethical values of impartiality.
Clouded Diamonds: Without Binding Arbitration and More Sophisticated Dispute Resolution Mechanisms, The Kimberley Process Will Ultimately Fail in Ending Conflicts Fueled by Blood Diamonds
February 8, 2012
The author argues that the agreement of the Kimberly Process Certification Scheme for certifying non-blood diamonds would more effectively end blood-diamond-related conflicts with a binding arbitration clause.
February 8, 2012
The author argues that the agreement of the Kimberly Process Certification Scheme for certifying non-blood diamonds would more effectively end blood-diamond-related conflicts with a binding arbitration clause.
