References
Negotiation, Meet New Governance: Interests, Skills, and Selves,
February 8, 2012
To date, there has not been much interaction between negotiation literature and new governance literature. This article asserts that these two fields could benefit from a sharing of techniques, innovations, and normative arguments.
February 8, 2012
To date, there has not been much interaction between negotiation literature and new governance literature. This article asserts that these two fields could benefit from a sharing of techniques, innovations, and normative arguments.
Note, The Forgotten Public Policies Behind the Family and Medical Leave Act: Burden of Proof Structures Placing Unnecessary Burdens on Employees’ Statutory Entitlement
February 8, 2012
This Note discusses the areas of confusion that exist in current FMLA jurisprudence and offers a framework for analysis more consistent with congressional intent. The author discusses the manner in which work-family issues have supported tort claims and how these issues are analyzed in arbitration.
February 8, 2012
This Note discusses the areas of confusion that exist in current FMLA jurisprudence and offers a framework for analysis more consistent with congressional intent. The author discusses the manner in which work-family issues have supported tort claims and how these issues are analyzed in arbitration.
The Legitimacy Crisis in Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions
February 8, 2012
This author addresses the recent increase in arbitrating conflicts of investment treaties. Arbitrations in these contexts can lead to conflicting decisions on the same points of law that never come before a single body with the capacity to resolve inconsistencies. This author argues that the present system of investment treaty arbitration is inadequate and proposes reforms that will prevent inconsistencies in decisions from occurring.
February 8, 2012
This author addresses the recent increase in arbitrating conflicts of investment treaties. Arbitrations in these contexts can lead to conflicting decisions on the same points of law that never come before a single body with the capacity to resolve inconsistencies. This author argues that the present system of investment treaty arbitration is inadequate and proposes reforms that will prevent inconsistencies in decisions from occurring.
The Enforceability of Arbitration Clauses in Bankruptcy
February 8, 2012
This article provides an overview of the policies behind the Arbitration Act and the bankruptcy jurisdictional statutes, and frames the conflict as it has been defined by the Supreme Court. Additionally, the article proposes legislative reform.
February 8, 2012
This article provides an overview of the policies behind the Arbitration Act and the bankruptcy jurisdictional statutes, and frames the conflict as it has been defined by the Supreme Court. Additionally, the article proposes legislative reform.
It’s the Conflict, Stupid: An Empirical Study of Factors that Inhibit Successful Mediation in High-Conflict Custody Cases
February 8, 2012
This article is an analysis of instances where individuals have solicited the legal system to resolve their custody disputes. It then suggests which types of custody cases are best suited for mediation.
February 8, 2012
This article is an analysis of instances where individuals have solicited the legal system to resolve their custody disputes. It then suggests which types of custody cases are best suited for mediation.
Note, The Case Against Maritime Class Arbitration: A Brief Policy Argument
February 8, 2012
This article explores the implications of the Stolt-Nielson case on class arbitration, specifically in the maritime industry.
February 8, 2012
This article explores the implications of the Stolt-Nielson case on class arbitration, specifically in the maritime industry.
Article 37(2) of the ILO Constitution: Can an ILO Interpretive Tribunal End the Hegemony of International Trade Law?
February 8, 2012
This article examines how tribunals organized under Article 37(2) of the ILO constitution could be a counter to the WTO dispute settlement system and an alternative to international trade law. The interplay of international labor and trade law is illustrative of the tensions in international law. An article 37(2) tribunal would likely have to contend with how its lack of enforcement power might reduce its effectiveness.
February 8, 2012
This article examines how tribunals organized under Article 37(2) of the ILO constitution could be a counter to the WTO dispute settlement system and an alternative to international trade law. The interplay of international labor and trade law is illustrative of the tensions in international law. An article 37(2) tribunal would likely have to contend with how its lack of enforcement power might reduce its effectiveness.
California’s Opportunity to Create Historical Precedent Regarding a Mediated Settlement Agreement’s Effect on Mediation Confidentiality and Arbitrability
February 8, 2012
This article discusses the issue of construing arbitration clauses to be binding and enforceable pursuant to the California Evidence Code Section 1123(b). It examines whether the arbitration clause ofthe Settlement Terms Documents constitutes a valid agreement to arbitrate. It also questions whether Section 1123 needs to be revised so that mediation is not subject to the general mediation confidentiality rules.
February 8, 2012
This article discusses the issue of construing arbitration clauses to be binding and enforceable pursuant to the California Evidence Code Section 1123(b). It examines whether the arbitration clause ofthe Settlement Terms Documents constitutes a valid agreement to arbitrate. It also questions whether Section 1123 needs to be revised so that mediation is not subject to the general mediation confidentiality rules.
Hunter-Gatherer Collaborative Practice
February 8, 2012
This article describes the development of a practice group based on a hunter-gatherer model, with the mission of providing high quality collaborative divorce services, with an emphasis on protecting children and divorcing partners, and expanding access to the middle- and lower- income families. Collaborative divorce teams formed from its interdisciplinary members serve divorcing families with efficient, cost-conscious, interest-based negotiation processes that protect children and help parties productively...
February 8, 2012
This article describes the development of a practice group based on a hunter-gatherer model, with the mission of providing high quality collaborative divorce services, with an emphasis on protecting children and divorcing partners, and expanding access to the middle- and lower- income families. Collaborative divorce teams formed from its interdisciplinary members serve divorcing families with efficient, cost-conscious, interest-based negotiation processes that protect children and help parties productively...
Understanding Mediators’ Orientations, Strategies, and Techniques: A Grid for the Perplexed
February 8, 2012
This Article begins with a review of previous efforts to categorize mediation and their shortfalls, including the lack of any widely-shared comprehensive method for describing the various approaches to mediation practice. The Article then offers a new grid system for classifying mediator orientations, strategies, and techniques and describes the potential utility of the grid, particularly its effectiveness in selecting mediators.
February 8, 2012
This Article begins with a review of previous efforts to categorize mediation and their shortfalls, including the lack of any widely-shared comprehensive method for describing the various approaches to mediation practice. The Article then offers a new grid system for classifying mediator orientations, strategies, and techniques and describes the potential utility of the grid, particularly its effectiveness in selecting mediators.
