References
Due Process in Class Arbitration
February 8, 2012
The author analyzes three due process issues in class arbitration. The United States Supreme Court has not addressed whether the law requires due process in class arbitration. The author addresses whether due process is required in class action arbitration under the state action doctrine, whether due process in class arbitration is appropriate even if not required, and sufficiency of the three existing approaches to providing due process in class arbitration.
February 8, 2012
The author analyzes three due process issues in class arbitration. The United States Supreme Court has not addressed whether the law requires due process in class arbitration. The author addresses whether due process is required in class action arbitration under the state action doctrine, whether due process in class arbitration is appropriate even if not required, and sufficiency of the three existing approaches to providing due process in class arbitration.
Arbitration Law in America: A Critical Assessment
February 8, 2012
The authors give a detailed look at the U.S. arbitration system and the legal processes surrounding this area of law. The authors also suggest possible reforms for arbitration, often disagreeing about how arbitration should be used.
February 8, 2012
The authors give a detailed look at the U.S. arbitration system and the legal processes surrounding this area of law. The authors also suggest possible reforms for arbitration, often disagreeing about how arbitration should be used.
Neuroscience and Settlement: An Examination of Scientific Innovations and Practical Aapplications
February 8, 2012
Neuroscience, and neuroimaging in particular, holds the promise to allow unprecedented access to the mechanisms of the brain as it considers information and makes decisions._1_This newfound ability to literally peer into the brain while it assimilates information, makes decisions, and evaluates offers creates unparalleled opportunities to advance our understanding of the reasons why some disputes settle and others do not.
February 8, 2012
Neuroscience, and neuroimaging in particular, holds the promise to allow unprecedented access to the mechanisms of the brain as it considers information and makes decisions._1_This newfound ability to literally peer into the brain while it assimilates information, makes decisions, and evaluates offers creates unparalleled opportunities to advance our understanding of the reasons why some disputes settle and others do not.
Trial by Special Judge: The Ignored Stepchild of ADR
February 8, 2012
Judge Downey draws attention to a program and system that he argues is misunderstood and underused. He explains that trial by special judge, as compared to trial by jury and arbitration, is more cost effective, more convenient, gives a right to an appeal, and removes the uncertainty of a jury.
February 8, 2012
Judge Downey draws attention to a program and system that he argues is misunderstood and underused. He explains that trial by special judge, as compared to trial by jury and arbitration, is more cost effective, more convenient, gives a right to an appeal, and removes the uncertainty of a jury.
Suing for Small Potatoes: Consumer Class Action Waivers in Arbitration Agreements Distinguished by the Ninth Circuit: Shroyer v. New Cingular Wireless Services, Inc.,
February 8, 2012
In Shroyer v. New Cingular Wireless Services, Inc., the Ninth Circuit held that class arbitration waivers were unconscionable and that consumers could not be compelled to arbitrate disputes. This note addresses the significance of the Ninth Circuit's decision and the policy arguments supporting such an approach.
February 8, 2012
In Shroyer v. New Cingular Wireless Services, Inc., the Ninth Circuit held that class arbitration waivers were unconscionable and that consumers could not be compelled to arbitrate disputes. This note addresses the significance of the Ninth Circuit's decision and the policy arguments supporting such an approach.
Investor-State Dispute Settlement Between Developed Countries: Reflections on the Australia-United States Free Trade Agreement
February 8, 2012
Free Trade Agreements between developed countries now frequently contain provisions on investor protection, but the resolution of disputes remains problematic. Chapter 11 of the North American Free Trade Agreement (NAFTA) allows investors to bring direct claims against a host State before an international tribunal without exhausting domestic remedies. This has resulted in a number of claims against the United States by Canadian investors and against Canada by U.S. investors. Chapter 11 of the Australia-United...
February 8, 2012
Free Trade Agreements between developed countries now frequently contain provisions on investor protection, but the resolution of disputes remains problematic. Chapter 11 of the North American Free Trade Agreement (NAFTA) allows investors to bring direct claims against a host State before an international tribunal without exhausting domestic remedies. This has resulted in a number of claims against the United States by Canadian investors and against Canada by U.S. investors. Chapter 11 of the Australia-United...
The Impact on The Vanishing Trial if People of Faith were Faithful to Religious Principles of Settling Disputes without Litigation
February 8, 2012
Commentators have expressed concern about the vanishing trial with respect to the possible loss of precedent and the loss of opportunities for aggrieved persons to have their concerns resolved in the judicial arena. Ignoring the controversy surrounding whether the number of trials is actually decreasing significantly, this paper asks whether the number of trials would be significantly affected if all people of faith resolved their disputes within their religious communities, or at least outside of the secular...
February 8, 2012
Commentators have expressed concern about the vanishing trial with respect to the possible loss of precedent and the loss of opportunities for aggrieved persons to have their concerns resolved in the judicial arena. Ignoring the controversy surrounding whether the number of trials is actually decreasing significantly, this paper asks whether the number of trials would be significantly affected if all people of faith resolved their disputes within their religious communities, or at least outside of the secular...
Lane &Calkins Mediation Practice Guide
February 8, 2012
An updated resource providing insight on the processes and advantages of mediation. This book is practice oriented and provides in depth coverage of all the phases of mediation.
February 8, 2012
An updated resource providing insight on the processes and advantages of mediation. This book is practice oriented and provides in depth coverage of all the phases of mediation.
Mediation: The Roles of Advocate and Neutral
February 8, 2012
A comprehensive text covering both negotiation, and mediation and their roles in dispute resolution
February 8, 2012
A comprehensive text covering both negotiation, and mediation and their roles in dispute resolution
