References
The Market for Private Dispute Resolution Services-An Empirical Re-assessment of ICANN-UDRP Performance
February 8, 2012
The authors compare private ADR services using the Uniform Dispute Resolution Policy implemented by the Internet Corporation for Assigned Names and Numbers. Employing econometric models, they demonstrate that complainants engage in forum shopping when seeking private ADR services. The authors conclude that forum shopping by complainants is based more on efficiency and performance than on bias.
February 8, 2012
The authors compare private ADR services using the Uniform Dispute Resolution Policy implemented by the Internet Corporation for Assigned Names and Numbers. Employing econometric models, they demonstrate that complainants engage in forum shopping when seeking private ADR services. The authors conclude that forum shopping by complainants is based more on efficiency and performance than on bias.
Disabilities Accommodations, Transaction Costs, and Mediation: Evidence from the EEOC’s Mediation Program
February 8, 2012
The author argues that mediation should succeed in disabilities accommodation negotiations at the same rate it succeeds in other types of negotiations. The author maintains that, with respect to respondents, the mediator's challenge may be to de-bias the respondents' initial view of the accommodation request.
February 8, 2012
The author argues that mediation should succeed in disabilities accommodation negotiations at the same rate it succeeds in other types of negotiations. The author maintains that, with respect to respondents, the mediator's challenge may be to de-bias the respondents' initial view of the accommodation request.
After the Battle Over Arbitration: An Analysis of Post-Enforceability Issues Confronting Lawyers and Litigants in Actual Arbitration Proceedings
February 8, 2012
The Alabama courts have long ignored the appeals of actual arbitration awards due to preoccupation with the enforceability of arbitration agreements in general. New state laws have created a necessity for evaluating the appropriateness of arbitration in many types of cases and not simply a focus on enforceability.
February 8, 2012
The Alabama courts have long ignored the appeals of actual arbitration awards due to preoccupation with the enforceability of arbitration agreements in general. New state laws have created a necessity for evaluating the appropriateness of arbitration in many types of cases and not simply a focus on enforceability.
Enforcing Class Arbitration in the International Sphere: Due Process and Public Policy Concerns
February 8, 2012
Overview of class arbitration in the US and abroad. The author argues that international class arbitration awards should be given the same respect as other types of arbitration.
February 8, 2012
Overview of class arbitration in the US and abroad. The author argues that international class arbitration awards should be given the same respect as other types of arbitration.
Law in the Shadow of Bargaining: The Feedback Effect of Civil Settlements
February 8, 2012
Lawmakers, courts, and legal scholars often express concern that settlement agreements withhold important information from the public. This Essay identifies, to the contrary, problematic issues involving the availability of information on non-representative settlements. The theoretical and empirical evidence presented in this Essay demonstrates that, despite the widespread use of nondisclosure agreements, information on settlements is distributed both inside and outside legal communities, reaching...
February 8, 2012
Lawmakers, courts, and legal scholars often express concern that settlement agreements withhold important information from the public. This Essay identifies, to the contrary, problematic issues involving the availability of information on non-representative settlements. The theoretical and empirical evidence presented in this Essay demonstrates that, despite the widespread use of nondisclosure agreements, information on settlements is distributed both inside and outside legal communities, reaching...
Mediated Divorce Agreements: Reconciling Equal Versus Equitable
February 8, 2012
In this article Borgstrom provides reasons why mediation is more effective than litigation in resolving divorce cases. Mediation provides a forum for each party to come to understand the grievances of the other and allows the parties themselves, with the assistance of mediators, to determine equitable arrangements regarding issues such as alimony and child custody.
February 8, 2012
In this article Borgstrom provides reasons why mediation is more effective than litigation in resolving divorce cases. Mediation provides a forum for each party to come to understand the grievances of the other and allows the parties themselves, with the assistance of mediators, to determine equitable arrangements regarding issues such as alimony and child custody.
Note, Untipping the Scales: Using State Contract Law to Protect At-Will Employees from Unfair Mandatory Arbitration Agreements
February 8, 2012
Geniuk begins with the premise that many at-will employees submit to unfair arbitration agreements either unwittingly or because of their relative weakness compared to the employer. The author believes that the Supreme Court's broad interpretation of the Federal Arbitration Act means that states are prevented from limiting arbitration agreements, but he argues that state contract law could ensure that at-will employees are subject to fair arbitration agreements.
February 8, 2012
Geniuk begins with the premise that many at-will employees submit to unfair arbitration agreements either unwittingly or because of their relative weakness compared to the employer. The author believes that the Supreme Court's broad interpretation of the Federal Arbitration Act means that states are prevented from limiting arbitration agreements, but he argues that state contract law could ensure that at-will employees are subject to fair arbitration agreements.
Note, ‘Energized’ Negotiations: Mediating Disputes over the Siting of Interstate Electric Transmission Lines
February 8, 2012
Courts have customarily granted utilities substantial deference as to their takings procedures, but the Kelo opinion and its accompanying legislative backlash should urge courts to place greater capital into condemnors' integration of landowners when adjudicating eminent domain cases for transmission line projects. With expanded federal jurisdiction over the siting of interstate transmission facilities, these regional bodies would be best suited to balance local and national interests, and thus would...
February 8, 2012
Courts have customarily granted utilities substantial deference as to their takings procedures, but the Kelo opinion and its accompanying legislative backlash should urge courts to place greater capital into condemnors' integration of landowners when adjudicating eminent domain cases for transmission line projects. With expanded federal jurisdiction over the siting of interstate transmission facilities, these regional bodies would be best suited to balance local and national interests, and thus would...
Psychological and Political Strategies for Peace Negotiation: A Cognitive Approach
February 8, 2012
As negotiation becomes more involved in the quest for world peace, understanding political strategies and different psychological tendencies across cultures become more important in creating an environment conducive to productive negotiations. The authors here apply cognitive behavioral principles to political disputes throughout the world to examine the negotiation process between international entities.
February 8, 2012
As negotiation becomes more involved in the quest for world peace, understanding political strategies and different psychological tendencies across cultures become more important in creating an environment conducive to productive negotiations. The authors here apply cognitive behavioral principles to political disputes throughout the world to examine the negotiation process between international entities.
Second Life Strife: A Proposal for Resolution of In-World Fashion
February 8, 2012
The increase in use of the internet is something that has brought attention to the need for On-Line Dispute Resolution. This article looks at the Fashion Dispute Resolution system as a springboard for guidance in mediation that would make the dispute resolution procedure more efficient.
February 8, 2012
The increase in use of the internet is something that has brought attention to the need for On-Line Dispute Resolution. This article looks at the Fashion Dispute Resolution system as a springboard for guidance in mediation that would make the dispute resolution procedure more efficient.
