References
Hidden in the Shadows: The Perilous Use of ADR by the Catholic Church
February 8, 2012
The article examines the history of, and parties and interests involved in, the Catholic Church sex abuse dispute, the Church's current use of ADR, and factors for a successful mediation. The article concludes that ADR, despite its unique advantages in satisfying some of the parties' interests, fails to truly resolve the problem successfully by shielding the offenders, fostering abuse of imbalance of power, and preventing creation of precedent.
February 8, 2012
The article examines the history of, and parties and interests involved in, the Catholic Church sex abuse dispute, the Church's current use of ADR, and factors for a successful mediation. The article concludes that ADR, despite its unique advantages in satisfying some of the parties' interests, fails to truly resolve the problem successfully by shielding the offenders, fostering abuse of imbalance of power, and preventing creation of precedent.
Damages: Using a Case Study to Teach Law, Lawyering, and Dispute Resolution
February 8, 2012
Seven law school faculty members and one practicing attorney recently developed and taught a wholly new kind of law course based on an already published case study, Damages: One Family's Legal Struggles in the World of Medicine, by Barry Werth, an investigative reporter who spent several years researching to write the book. Damages, an in-depth account of a medical malpractice case, presents the perspectives of the injured family, the defendant physician, the lawyers, and the three mediators. In this...
February 8, 2012
Seven law school faculty members and one practicing attorney recently developed and taught a wholly new kind of law course based on an already published case study, Damages: One Family's Legal Struggles in the World of Medicine, by Barry Werth, an investigative reporter who spent several years researching to write the book. Damages, an in-depth account of a medical malpractice case, presents the perspectives of the injured family, the defendant physician, the lawyers, and the three mediators. In this...
Comment, SGS v. Philippines and the Role of ICSID Tribunals in Investor-State Contract Disputes
February 8, 2012
With the increase of bilateral investment treaties (BIT), there have been more disputes being arbitrated in front of the International Center for the Settlement of Investment Disputes (ICSD). Originally, countries made contracts with forum selection clauses specifically choosing the ICSD to arbitrate. This comment argues that the ICSD has jurisdiction over BITs even without such a forum selection clause.
February 8, 2012
With the increase of bilateral investment treaties (BIT), there have been more disputes being arbitrated in front of the International Center for the Settlement of Investment Disputes (ICSD). Originally, countries made contracts with forum selection clauses specifically choosing the ICSD to arbitrate. This comment argues that the ICSD has jurisdiction over BITs even without such a forum selection clause.
Learning a Procedural Task: Effectiveness of Multimedia Presentations
February 8, 2012
Three experiments investigated the effectiveness of presenting procedural information through different media and their combinations. Experiment 1 examined the effectiveness of text, line drawings, text and line drawings, video. and video stills for learning a first aid task. The results showed an advantage of text and line drawings and of the video presentation over the other three conditions for both bandaging performance and answering questions about the task. Experiment 2 showed that the beneficial...
February 8, 2012
Three experiments investigated the effectiveness of presenting procedural information through different media and their combinations. Experiment 1 examined the effectiveness of text, line drawings, text and line drawings, video. and video stills for learning a first aid task. The results showed an advantage of text and line drawings and of the video presentation over the other three conditions for both bandaging performance and answering questions about the task. Experiment 2 showed that the beneficial...
Note, Courting Islam: Practical Alternatives to a Muslim Family Court in Ontario
February 8, 2012
This Note examines the failure of the Canadian democratic system of government to adequately address minority concerns, particularly the concerns of the Muslim community. It proposes that Canada establish Muslim arbitration tribunals. These tribunals would enable Muslims to consent to jurisdiction for resolving family disputes, including marriage, divorce, inheritance, and custody. The tribunals would issue binding, court- enforceable decisions based on Muslim family law, subject to review in limited...
February 8, 2012
This Note examines the failure of the Canadian democratic system of government to adequately address minority concerns, particularly the concerns of the Muslim community. It proposes that Canada establish Muslim arbitration tribunals. These tribunals would enable Muslims to consent to jurisdiction for resolving family disputes, including marriage, divorce, inheritance, and custody. The tribunals would issue binding, court- enforceable decisions based on Muslim family law, subject to review in limited...
Beyond the Box Score: A Look at Collective Bargaining Agreements in Professional Sports and Their Effect on Competition
February 8, 2012
This comment examines the history of the three most prominent leagues in U.S. professional sports: the Collective Bargaining Agreements (CBAs) that govern the employer-employee relationship in each league, the provisions of those CBAs that influence player contracts and contract disputes, the perceptions about competition that have resulted from CBA governance of the leagues, and possible solutions to problems that exist within those leagues.
February 8, 2012
This comment examines the history of the three most prominent leagues in U.S. professional sports: the Collective Bargaining Agreements (CBAs) that govern the employer-employee relationship in each league, the provisions of those CBAs that influence player contracts and contract disputes, the perceptions about competition that have resulted from CBA governance of the leagues, and possible solutions to problems that exist within those leagues.
Representing Family Business in Disputes
February 8, 2012
This book discusses the legal and tax aspects of family business planning and dispute resolution, as well as family business conflict generators and the best way to represent family businesses in dispute.
February 8, 2012
This book discusses the legal and tax aspects of family business planning and dispute resolution, as well as family business conflict generators and the best way to represent family businesses in dispute.
Good Mediators Don’t Ignore Emotions
February 8, 2012
This article stresses the importance of recognizing emotion-often hidden behind facts-in mediation. The author presents ways for mediators to address emotional concerns, including active listening, and taking negative statements and placing them in a more positive context (referred to as reframing and paraphrasing). A mediator may be empathetic, and should acknowledge emotion, but must remain neutral throughout the mediation process.
February 8, 2012
This article stresses the importance of recognizing emotion-often hidden behind facts-in mediation. The author presents ways for mediators to address emotional concerns, including active listening, and taking negative statements and placing them in a more positive context (referred to as reframing and paraphrasing). A mediator may be empathetic, and should acknowledge emotion, but must remain neutral throughout the mediation process.
Seven Elements of an Effective Mediator
February 8, 2012
This article is about the seven elements that make a good mediator. The seven elements are: training, pre-mediation conferences, opening session, private meetings, never calling an impasse, refraining from giving opinions, and putting the agreement in writing.
February 8, 2012
This article is about the seven elements that make a good mediator. The seven elements are: training, pre-mediation conferences, opening session, private meetings, never calling an impasse, refraining from giving opinions, and putting the agreement in writing.
Yukos Universal v. Russia: Shell Companies and Treaty Shopping in International Energy Disputes
February 8, 2012
This article examines the implications of an arbitration award set in favor of Yukos Universal Ltd. In a dispute with the Russian Federation. The arbitration panel made two important findings: one, the arbitration tribunal had jurisdiction under Article 26 of the Energy Charter Treaty (ECT) to hear the Company's claims, and two, the ECT does not shield signatory countries from denying an investor standing once the investor has already commenced arbitral proceedings.
February 8, 2012
This article examines the implications of an arbitration award set in favor of Yukos Universal Ltd. In a dispute with the Russian Federation. The arbitration panel made two important findings: one, the arbitration tribunal had jurisdiction under Article 26 of the Energy Charter Treaty (ECT) to hear the Company's claims, and two, the ECT does not shield signatory countries from denying an investor standing once the investor has already commenced arbitral proceedings.
