References
Court-Connected Alternative Dispute Resolution in Maine
February 8, 2012
The author scrutinizes Maine's experiment with court-connected alternative dispute resolution, whereby most categories of civil claims must attempt an alternative dispute resolution procedure. Based on empirical data, the author concludes that mandatory, mid-discovery mediation speeds up the pace of resolutions, increases the likelihood of settlement, and may reduce party costs. He recommends keeping the program mandatory, and urges cautious expansion into other categories of courts.
February 8, 2012
The author scrutinizes Maine's experiment with court-connected alternative dispute resolution, whereby most categories of civil claims must attempt an alternative dispute resolution procedure. Based on empirical data, the author concludes that mandatory, mid-discovery mediation speeds up the pace of resolutions, increases the likelihood of settlement, and may reduce party costs. He recommends keeping the program mandatory, and urges cautious expansion into other categories of courts.
Hudec’s Methods- and Ours
February 8, 2012
The author analyzes Professor Robert Hudec's perspective on the role of developing countries in General Agreement on Tariffs and Trade (GATT) negotiations. In particular, this article discusses the divergent interests of developed states and the developing states in international trade negotiations. Focusing heavily on the proliferation of preferential trade agreements, the author notes that these agreements may ultimately harm the interests of developing countries and hamper their capacity to liberalize....
February 8, 2012
The author analyzes Professor Robert Hudec's perspective on the role of developing countries in General Agreement on Tariffs and Trade (GATT) negotiations. In particular, this article discusses the divergent interests of developed states and the developing states in international trade negotiations. Focusing heavily on the proliferation of preferential trade agreements, the author notes that these agreements may ultimately harm the interests of developing countries and hamper their capacity to liberalize....
Massacuhusetts Practice Mediation and Arbitration
February 8, 2012
The author describes mediation and arbitration processes in Massachusetts.
February 8, 2012
The author describes mediation and arbitration processes in Massachusetts.
Mergers and Acquisitions Basics: Negotiation and Deal Structuring
February 8, 2012
Negotiations form the heart of mergers and acquisitions efforts. The book presents a summary of negotiating and deal structuring that shows readers how brokers, accountants, attorneys, tax experts, managers and investors must work together when negotiating mergers.
February 8, 2012
Negotiations form the heart of mergers and acquisitions efforts. The book presents a summary of negotiating and deal structuring that shows readers how brokers, accountants, attorneys, tax experts, managers and investors must work together when negotiating mergers.
Smart Negotiationg: It’s a Done Deal
February 8, 2012
John Patrick Dolan offers tactics for effective negotiation. This book addresses such issues as how to approach issues such as impasse and intimidation. Also, the book offers strategies for reading your negotiation opponent.
February 8, 2012
John Patrick Dolan offers tactics for effective negotiation. This book addresses such issues as how to approach issues such as impasse and intimidation. Also, the book offers strategies for reading your negotiation opponent.
The Convergence of Renewed Nationalization, Rising Commodities, and Americanization in International Arbitration and the Need for More Rigorous Legal and Procedural Defenses
February 8, 2012
In recent decades, trends have developed in international arbitration which challenge arbitration's ability to be timely and cost-effective. International arbitration must address these challenges in order to remain an efficient method of dispute resolution.
February 8, 2012
In recent decades, trends have developed in international arbitration which challenge arbitration's ability to be timely and cost-effective. International arbitration must address these challenges in order to remain an efficient method of dispute resolution.
The Relevance of Principled Negotiation to Hostage Crises
February 8, 2012
Fowler argues that the traditional positional bargaining used in hostage situations is an unfortunate consequence of the circumstances. The article shows how principled negotiation, which deals with cooperation for the mutual benefit of the parties, can work in the high-pressure hostage situation in a surprising way.
February 8, 2012
Fowler argues that the traditional positional bargaining used in hostage situations is an unfortunate consequence of the circumstances. The article shows how principled negotiation, which deals with cooperation for the mutual benefit of the parties, can work in the high-pressure hostage situation in a surprising way.
Collective Bargaining in the Twenty-First Century: A Negotiations Institution at Risk
February 8, 2012
Collective bargaining, a core social institution, faces a fundamental transformational challenge. National survey data provide unique insights into the current status of the bargaining process
February 8, 2012
Collective bargaining, a core social institution, faces a fundamental transformational challenge. National survey data provide unique insights into the current status of the bargaining process
The Layered Dispute Resolution Clause: From Boilerplate to Business Opportunity
February 8, 2012
Almost every lawyer-drafted contract has some form of a dispute resolution clause. The author suggests that drafters should exercise creativity in crafting a tailored clause that serves the client's objectives-such as a layered dispute resolution clause. The article discusses the segments of the layered clause, policy considerations, and possible case law influences on the drafter.
February 8, 2012
Almost every lawyer-drafted contract has some form of a dispute resolution clause. The author suggests that drafters should exercise creativity in crafting a tailored clause that serves the client's objectives-such as a layered dispute resolution clause. The article discusses the segments of the layered clause, policy considerations, and possible case law influences on the drafter.
Admiralty
February 8, 2012
The Eleventh Circuit's Bautista v. Star Cruises decision involved the enforcement of arbitration clauses. Arbitration has become an increasingly popular procedure for resolving maritime disputes. The court examined issues regarding the Federal Arbitration Act (FAA) and the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards before it ultimately ruled in favor of arbitration.
February 8, 2012
The Eleventh Circuit's Bautista v. Star Cruises decision involved the enforcement of arbitration clauses. Arbitration has become an increasingly popular procedure for resolving maritime disputes. The court examined issues regarding the Federal Arbitration Act (FAA) and the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards before it ultimately ruled in favor of arbitration.
