References
Pre-Litigation Compulsory Mediation: A Concept Worth Negotiating
February 8, 2012
The author explores the idea of compulsory mediation before a case can be brought to trial. He examines various U.S. state laws, as well as foreign countries' laws, that require pre-litigation mediation. Additionally, practice areas such as family law, medical malpractice, and bankruptcy law are suggested as practice areas that might benefit from pre-litigation mediation. Finally, the benefits and shortcomings of pre-litigation mediation are compared and contrasted.
February 8, 2012
The author explores the idea of compulsory mediation before a case can be brought to trial. He examines various U.S. state laws, as well as foreign countries' laws, that require pre-litigation mediation. Additionally, practice areas such as family law, medical malpractice, and bankruptcy law are suggested as practice areas that might benefit from pre-litigation mediation. Finally, the benefits and shortcomings of pre-litigation mediation are compared and contrasted.
Fairness in Securities Arbitration: A Constitutional Mandate?
February 8, 2012
The author argues that the relationship between the SEC and private self- regulatory organizations administering securities arbitrations is such that arbitration is transformed into state action. As a result, the process should be reformed to satisfy constitutional requirements of due process and equal protection.
February 8, 2012
The author argues that the relationship between the SEC and private self- regulatory organizations administering securities arbitrations is such that arbitration is transformed into state action. As a result, the process should be reformed to satisfy constitutional requirements of due process and equal protection.
Contracting Out of Process, Contracting Out of Corporate Accountability: An Argument Against Enforcement of Pre-Dispute Limits on Process
February 8, 2012
The article posits that, absent federal legislative reforms, corporations should use express procedural limitations in arbitration clauses. This will allow corporations to both contract around substantive accountability and use a choice-of-law clause in order to enforce such limitations
February 8, 2012
The article posits that, absent federal legislative reforms, corporations should use express procedural limitations in arbitration clauses. This will allow corporations to both contract around substantive accountability and use a choice-of-law clause in order to enforce such limitations
Whose Claim is This Anyway? Third-Party Litigation Funding
February 8, 2012
Steinitz utilizes three fact scenarios to argue that while third-party funding may be beneficial in some respects, it is nonetheless imperative that restrictive regulations be imposed while also minimizing opportunities for abuse of the process and the interests of parties. While third-party funding in litigation, class actions, and international arbitration may increase access and even bargaining positions, complex regulatory regimes must be implemented to ensure that potential pitfalls are avoided....
February 8, 2012
Steinitz utilizes three fact scenarios to argue that while third-party funding may be beneficial in some respects, it is nonetheless imperative that restrictive regulations be imposed while also minimizing opportunities for abuse of the process and the interests of parties. While third-party funding in litigation, class actions, and international arbitration may increase access and even bargaining positions, complex regulatory regimes must be implemented to ensure that potential pitfalls are avoided....
Bioethics Mediation: A Guide to Shaping Shared Solutions, Revised and Expanded Edition
February 8, 2012
Through the use of mediation, bioethics professionals are able to help manage conflicts between families, patients, and health care providers. It acts as a guide for professionals who deal with bioethical situations every day, including ethics consultants, pallative care providers, physicians, nurses, and other medical staff.
February 8, 2012
Through the use of mediation, bioethics professionals are able to help manage conflicts between families, patients, and health care providers. It acts as a guide for professionals who deal with bioethical situations every day, including ethics consultants, pallative care providers, physicians, nurses, and other medical staff.
Waiver of the Right to Remove in Forum Selection Clauses Subject to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards
February 8, 2012
This paper argues that contrary to the prevailing judicial view, the intent of parties to waive their right to remove in cases subject to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards should be determined by applying ordinary principles of contract construction. The article supports this argument by asserting, among other issues, that analyzing such waivers under heightened scrutiny is inconsistent with Supreme Court principles established by the Supreme...
February 8, 2012
This paper argues that contrary to the prevailing judicial view, the intent of parties to waive their right to remove in cases subject to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards should be determined by applying ordinary principles of contract construction. The article supports this argument by asserting, among other issues, that analyzing such waivers under heightened scrutiny is inconsistent with Supreme Court principles established by the Supreme...
AAA Handbook on Employment Arbitration and ADR
February 8, 2012
This is the American Arbitration Association publication serving as an introduction to the various employment-related fields in which arbitration is likely to be used.
February 8, 2012
This is the American Arbitration Association publication serving as an introduction to the various employment-related fields in which arbitration is likely to be used.
Mediation: The Roles of Advocate and Neutral
February 8, 2012
This book focuses on integrating mediation in theory to practice skills, strategies, and real-world situations. It is written from a lawyer's perspective on mediation, usually focused on the lawyer being an agent for their client. It also discusses the public policy and ethics of mediation.
February 8, 2012
This book focuses on integrating mediation in theory to practice skills, strategies, and real-world situations. It is written from a lawyer's perspective on mediation, usually focused on the lawyer being an agent for their client. It also discusses the public policy and ethics of mediation.
Therapeutic Victim-Offender Mediation within the Criminal Justice Process- Sharpening the Evaluation of Personal Potential for Rehabilitation While Righting Wrongs Under the ADR Philosophy
February 8, 2012
This article suggests that victim-offender mediation procedures should inform and influence sentencing decisions in the criminal context. If one of the roles of sentencing is to promote rehabilitation, an offender's rehabilitative potential can be seen through voluntary participation in mediation with the victim. Moreover, this process allows for participation of the victim, offender, and the community, allowing offenders to right their wrongs.
February 8, 2012
This article suggests that victim-offender mediation procedures should inform and influence sentencing decisions in the criminal context. If one of the roles of sentencing is to promote rehabilitation, an offender's rehabilitative potential can be seen through voluntary participation in mediation with the victim. Moreover, this process allows for participation of the victim, offender, and the community, allowing offenders to right their wrongs.
