References
Note, Loved and Lost: Breathing Life Into the Rights of Noncustodial Parents
February 8, 2012
This Note examines life-support and burial disputes involving children of divorced parents. The author discusses the increasing role of mediation in resolving child custody disputes, and recommends the use of mediation in life-support and burial disputes. The Note proposes statutes for resolving life- support and burial disputes between the child's parents. Both statutes impose mandatory mediation on parents with the hope of quick dispute resolution.
February 8, 2012
This Note examines life-support and burial disputes involving children of divorced parents. The author discusses the increasing role of mediation in resolving child custody disputes, and recommends the use of mediation in life-support and burial disputes. The Note proposes statutes for resolving life- support and burial disputes between the child's parents. Both statutes impose mandatory mediation on parents with the hope of quick dispute resolution.
Understanding Discovery in International Commercial Arbitration Through Behavioral Law and Economics: A Journey Inside the Minds of Parties and Arbitrators
February 8, 2012
This author identifies the reasons behind the rampant use of discovery in international commercial arbitration processes. Today, arbitrators are given broad discretion regarding the use of discovery. The author suggests that limiting such direction to order discovery would lead to a more cost-effective and tradition form of arbitration.
February 8, 2012
This author identifies the reasons behind the rampant use of discovery in international commercial arbitration processes. Today, arbitrators are given broad discretion regarding the use of discovery. The author suggests that limiting such direction to order discovery would lead to a more cost-effective and tradition form of arbitration.
Lost in Translation: Can Exporting ADR Harm Rule of law Development?
February 8, 2012
This article questions whether alternative dispute resolution processes may harm rather than help development of the rule of law by undermining rather than building legitimacy. Specifically addressing the issue of introducing alternative dispute resolution methods in countries where corruption is endemic, the article presents questions for practitioners to consider when deciding whether such methods should be introduced.
February 8, 2012
This article questions whether alternative dispute resolution processes may harm rather than help development of the rule of law by undermining rather than building legitimacy. Specifically addressing the issue of introducing alternative dispute resolution methods in countries where corruption is endemic, the article presents questions for practitioners to consider when deciding whether such methods should be introduced.
Of Procedural Arbitrability: The Effect of Noncompliance with Contract Claims Procedures
February 8, 2012
This article is part of a symposium entitled _Construction Contract Issues.
February 8, 2012
This article is part of a symposium entitled _Construction Contract Issues.
McMahon Turns Twenty: The Regulation of Fairness in Securities Arbitration
February 8, 2012
This article explores various sources of law, including the FAA, which could require fairness in securities arbitration. It also discusses SEC oversight of securities arbitration within the last ten years.
February 8, 2012
This article explores various sources of law, including the FAA, which could require fairness in securities arbitration. It also discusses SEC oversight of securities arbitration within the last ten years.
The Effects that Mediator Styles Impose on Neutrality and Impartiality Requirements of Mediation
February 8, 2012
This article examines the current meaning of mediation and how the-legal obligations imposed on a mediator should affect the mediator's style. It also examines the impartiality requirements on a mediator.
February 8, 2012
This article examines the current meaning of mediation and how the-legal obligations imposed on a mediator should affect the mediator's style. It also examines the impartiality requirements on a mediator.
Method, Mediations, and the Moral Dimensions of Preimplantation Genetic Diagnosis
February 8, 2012
This article discusses the moral debate surrounding reproductive technologies, including the use of preimplantation genetic diagnosis. The article then describes a mediative approach to these moral conundrums that allows parties to become conscious of their own beliefs by situating themselves in positions that are ideologically different from their own.
February 8, 2012
This article discusses the moral debate surrounding reproductive technologies, including the use of preimplantation genetic diagnosis. The article then describes a mediative approach to these moral conundrums that allows parties to become conscious of their own beliefs by situating themselves in positions that are ideologically different from their own.
Conflicts of Interest and Disclosures: Are We Making a Mountain Out of a Molehill?
February 8, 2012
This article discusses ethical conflicts of interests and disclosure requirements for arbitrators. It has a focus on the penalties for improper nondisclosure, particularly vacatur.
February 8, 2012
This article discusses ethical conflicts of interests and disclosure requirements for arbitrators. It has a focus on the penalties for improper nondisclosure, particularly vacatur.
Ethical Issues in Collaborative Lawyering
February 8, 2012
This article catalogues some of the ethical issues that have been raised in collaborative law. It then examines competence issues in considering collaborative law practice. The article also examines limited scope representation agreements entered into between attorney and client.
February 8, 2012
This article catalogues some of the ethical issues that have been raised in collaborative law. It then examines competence issues in considering collaborative law practice. The article also examines limited scope representation agreements entered into between attorney and client.
The Ethics of Collaborative Law
February 8, 2012
This article argues that collaborative law can be permissible under the current rules of legal ethics and tries to create clarity and provide guidance for collaborative lawyers. The article includes a discussion of existing ethics opinions with a focus on Colorado Ethics Committee Opinion 115.
February 8, 2012
This article argues that collaborative law can be permissible under the current rules of legal ethics and tries to create clarity and provide guidance for collaborative lawyers. The article includes a discussion of existing ethics opinions with a focus on Colorado Ethics Committee Opinion 115.
