References
News Media As Mediators
February 8, 2012
While journalism thrives on conflict for better ratings, this note explores journalism as a potential vessel to conduct conflict resolution. A reliable and independent news media has the potential to contribute to conflict resolution by communicating to counteract misperceptions and by framing the conflict to give a better overview of the issues. Pauli concludes with some cautions for journalists hoping to import conflict resolution techniques into news reporting and writing.
February 8, 2012
While journalism thrives on conflict for better ratings, this note explores journalism as a potential vessel to conduct conflict resolution. A reliable and independent news media has the potential to contribute to conflict resolution by communicating to counteract misperceptions and by framing the conflict to give a better overview of the issues. Pauli concludes with some cautions for journalists hoping to import conflict resolution techniques into news reporting and writing.
The Expressive Power of Adjudication
February 8, 2012
To provide a better understanding of legal compliance, the author offers that adjudicative expression can help explain instances of sanctionless but effective adjudication in the courts and with regard to ADR. The author also describes a theory of expressive dispute resolution and suggests that it may reveal a fundamental trade-off between dispute resolution and dispute avoidance.
February 8, 2012
To provide a better understanding of legal compliance, the author offers that adjudicative expression can help explain instances of sanctionless but effective adjudication in the courts and with regard to ADR. The author also describes a theory of expressive dispute resolution and suggests that it may reveal a fundamental trade-off between dispute resolution and dispute avoidance.
ADR in the Music Industry: Tailoring Dispute Resolution to the Different Stages of the Artist-Label Relationship
February 8, 2012
This note discusses the problems record labels have with their artists and how these problems can be solved through ADR instead of litigation.
February 8, 2012
This note discusses the problems record labels have with their artists and how these problems can be solved through ADR instead of litigation.
Comment, Analyzing the Severability Conundrum Under Rent-a-Center, West, Inc. v. Jackson
February 8, 2012
This author argues that application of Prima Paint's severability analysis creates an inappropriate framework for employment contracts as it was contemplated for embedment of arbitration agreements in broader articles. The author suggests that instead courts adopt a knowing and voluntary standard for different contracts, such as employment contracts.
February 8, 2012
This author argues that application of Prima Paint's severability analysis creates an inappropriate framework for employment contracts as it was contemplated for embedment of arbitration agreements in broader articles. The author suggests that instead courts adopt a knowing and voluntary standard for different contracts, such as employment contracts.
Arbitration as Delegation
February 8, 2012
This article questions the Supreme Court's Federal Arbitration Act jurisprudence. The author argues that expansive interpretation of the statue has unconstitutionally empowered corporations to privately delegate legislative power by mandating arbitration and the Court should act to restrict the statue.
February 8, 2012
This article questions the Supreme Court's Federal Arbitration Act jurisprudence. The author argues that expansive interpretation of the statue has unconstitutionally empowered corporations to privately delegate legislative power by mandating arbitration and the Court should act to restrict the statue.
The Quiet Revolution Comes to Kentucky: A Case Study in Community Mediation
February 8, 2012
This article is part of a symposium entitled 'Emerging Alternative Dispute Resolution Systems' and discusses Professor Stipanowich's experience helping to establish a court-connected community mediation program. The article includes extensive discussion of the practical, legal and ethical issues associated with such programs and includes some early case statistics.
February 8, 2012
This article is part of a symposium entitled 'Emerging Alternative Dispute Resolution Systems' and discusses Professor Stipanowich's experience helping to establish a court-connected community mediation program. The article includes extensive discussion of the practical, legal and ethical issues associated with such programs and includes some early case statistics.
The Negotiation Process
February 8, 2012
This article explores the six formal stages of the negotiation process to demonstrate to readers how structured bargaining encounters are. During the Preparation Stage, negotiators have to acquire critical information and determine: (1) their bottom lines; (2) their goals; and (3) their opening offers. During the Preliminary Stage, they should work to establish rapport with opponents and to create positive negotiating environments that will be more conducive to cooperative bargaining. During the Information...
February 8, 2012
This article explores the six formal stages of the negotiation process to demonstrate to readers how structured bargaining encounters are. During the Preparation Stage, negotiators have to acquire critical information and determine: (1) their bottom lines; (2) their goals; and (3) their opening offers. During the Preliminary Stage, they should work to establish rapport with opponents and to create positive negotiating environments that will be more conducive to cooperative bargaining. During the Information...
