References
Decision Support Systems For Strategic Diispute Resolution
February 8, 2012
Disputes and lawsuits are quite common in business and are often a source of significant liabilities. We conjecture that measurement challenges and lack of adequate analysis tools have greatly inhibited the ability of the General Counsel
February 8, 2012
Disputes and lawsuits are quite common in business and are often a source of significant liabilities. We conjecture that measurement challenges and lack of adequate analysis tools have greatly inhibited the ability of the General Counsel
Bargaining in the Shadow of the Community: Neighborly Dispute Resolution in Beijng Hutongs
February 8, 2012
Because existing extralegal bargaining research was conducted in economically robust democratic societies, Guo and Klein try to balance the literature by exploring the question of societal norms in extralegal bargaining within the urban neighborhoods of China. The authors' study finds that residents in Hutongs rely on informal societal norms to resolve their conflicts. Guo and Klein also explore unique ADR practices occurring within Chinese neighborhoods.
February 8, 2012
Because existing extralegal bargaining research was conducted in economically robust democratic societies, Guo and Klein try to balance the literature by exploring the question of societal norms in extralegal bargaining within the urban neighborhoods of China. The authors' study finds that residents in Hutongs rely on informal societal norms to resolve their conflicts. Guo and Klein also explore unique ADR practices occurring within Chinese neighborhoods.
Aspirations and Settlement
February 8, 2012
The legal-academic literature on litigation settlement describes a range of factors that affect settlement outcomes, but litigant aspirations, or ideal goals, are not among them. Negotiation scholars, however, routinely claim that high aspirations can improve bargaining outcomes. This article presents a theory of settlement that reconciles these competing approaches by situating negotiator aspirations within the standard legal-academic model of settlement. Based on that theory, the article offers...
February 8, 2012
The legal-academic literature on litigation settlement describes a range of factors that affect settlement outcomes, but litigant aspirations, or ideal goals, are not among them. Negotiation scholars, however, routinely claim that high aspirations can improve bargaining outcomes. This article presents a theory of settlement that reconciles these competing approaches by situating negotiator aspirations within the standard legal-academic model of settlement. Based on that theory, the article offers...
Free the Lawyers: A Proposal to Permit No-Sue Promises in Settlement Agreements
February 8, 2012
The authors argue against the standard prohibition of no-sue agreements in settlement negotiations used to prevent later suits against the defendant. After discussing the history of the prohibition rule as well as analysis of both sides of the argument, Gillers and Painter defend no-sue agreements because they promote settlement.
February 8, 2012
The authors argue against the standard prohibition of no-sue agreements in settlement negotiations used to prevent later suits against the defendant. After discussing the history of the prohibition rule as well as analysis of both sides of the argument, Gillers and Painter defend no-sue agreements because they promote settlement.
Proposals for WTO Reform: A Synthesis and Assessment
February 8, 2012
The author argues for the implementation of a multitude of proposals for institutional reform, rather than reform of specific rules and policies, including the Single Undertaking practice and consensus-based decision-making. He also argues that WTO negotiators need to better understand the interests of parties in order to cope with multilateralizing countries and deal cooperatively with the power imbalance among nations.
February 8, 2012
The author argues for the implementation of a multitude of proposals for institutional reform, rather than reform of specific rules and policies, including the Single Undertaking practice and consensus-based decision-making. He also argues that WTO negotiators need to better understand the interests of parties in order to cope with multilateralizing countries and deal cooperatively with the power imbalance among nations.
AAA Handbook on Mediation
February 8, 2012
The official guidebook produced by the American Arbitration Association, this work provides a framework for mediating or arbitrating any kind of dispute. Addressing complex and cutting edge issues such as class action arbitration and interim relief, as outlined by experts in the field.
February 8, 2012
The official guidebook produced by the American Arbitration Association, this work provides a framework for mediating or arbitrating any kind of dispute. Addressing complex and cutting edge issues such as class action arbitration and interim relief, as outlined by experts in the field.
An Empirical Study of Compensation Paid in Eminent Domain Settlements: New York Ciry, 1990-2002
February 8, 2012
No large-scale empirical study on condemnation compensation has been done in the past thirty years. Yet several state legislatures, in response to the Kelo case, have changed laws to increase condemnation compensation, despite the lack of empirical grounds. To fill in the empirical gap, I use hedonic regression models and about 8''8000 sales to estimate the fair market value (FMV) of condemned properties whose owners reached compensation settlements with the condemnor, New York City, between 1990...
February 8, 2012
No large-scale empirical study on condemnation compensation has been done in the past thirty years. Yet several state legislatures, in response to the Kelo case, have changed laws to increase condemnation compensation, despite the lack of empirical grounds. To fill in the empirical gap, I use hedonic regression models and about 8''8000 sales to estimate the fair market value (FMV) of condemned properties whose owners reached compensation settlements with the condemnor, New York City, between 1990...
Bringing Online Dispute Resolution to Virtual Worlds: Creating Processes Through Code
February 8, 2012
Katsh calls for the enhancement of Online Dispute Resolution (ODR). He provides examples of mediation and arbitration in disputes arising from E- Bay transactions and domain name registrations. He further argues that virtual worlds provide a unique opportunity to explore methods of dispute resolution that could be valuable in resolving disputes in the physical world.
February 8, 2012
Katsh calls for the enhancement of Online Dispute Resolution (ODR). He provides examples of mediation and arbitration in disputes arising from E- Bay transactions and domain name registrations. He further argues that virtual worlds provide a unique opportunity to explore methods of dispute resolution that could be valuable in resolving disputes in the physical world.
Recent Developments in Admiralty and Maritime Law at the National Level and in the Fifth and Eleventh Circuit
February 8, 2012
In the case of Karim v. Finch Shipping Co., the court held that while arbitration provisions are valid and enforceable in any maritime transaction, the Federal Arbitration Act carves an exception for the validity and enforceability of arbitration provisions that do not apply to seaman employment contracts. However, in Franciscov. Stalt Achievement MT, the court held that the Convention on Recognition of Foreign Arbitral Awards trumps the Federal Arbitration Act's exclusion of arbitration enforceability...
February 8, 2012
In the case of Karim v. Finch Shipping Co., the court held that while arbitration provisions are valid and enforceable in any maritime transaction, the Federal Arbitration Act carves an exception for the validity and enforceability of arbitration provisions that do not apply to seaman employment contracts. However, in Franciscov. Stalt Achievement MT, the court held that the Convention on Recognition of Foreign Arbitral Awards trumps the Federal Arbitration Act's exclusion of arbitration enforceability...
Multimedia Learning: Working Memory and the Learning of Word and Picture Diagrams
February 8, 2012
From the cognitive model of multimedia learning proposed by [Schnotz, W., & Barnett, M. (2003). Construction and interference in learning from multiple representation. Learning and Instruction, 13, 141-156], two hypotheses regarding the learning of spatial arrangements of objects were derived: the integration hypothesis and the multiple source hypothesis. In the experiment, ninety-six participants first studied spatial arrangements of five objects each. The complete arrangements had to be inferred...
February 8, 2012
From the cognitive model of multimedia learning proposed by [Schnotz, W., & Barnett, M. (2003). Construction and interference in learning from multiple representation. Learning and Instruction, 13, 141-156], two hypotheses regarding the learning of spatial arrangements of objects were derived: the integration hypothesis and the multiple source hypothesis. In the experiment, ninety-six participants first studied spatial arrangements of five objects each. The complete arrangements had to be inferred...
