References
Fitting the Ethics to the Forum: A Proposal for Process-Enabling Ethical Codes
February 8, 2012
The author proposes that negotiation, like mediaton, arbitration, and litigation, should have its own set of mandatory ethical guidelines. By framing ethical codes as enabling rather than constraining forces, the author maintains that ethical rules for negotiators can help create conditions between parties that are likely to facilitate a positive outcome. Also offered are some basic guidelines for drafters of the new model rules of negotiation.
February 8, 2012
The author proposes that negotiation, like mediaton, arbitration, and litigation, should have its own set of mandatory ethical guidelines. By framing ethical codes as enabling rather than constraining forces, the author maintains that ethical rules for negotiators can help create conditions between parties that are likely to facilitate a positive outcome. Also offered are some basic guidelines for drafters of the new model rules of negotiation.
The Arbitrator’s Duty to Respect the Parties’ Choice of Law in Commercial Arbitration
February 8, 2012
The author aims to demonstrate that mutually agreed-upon choice of law made by parties to an arbitration agreement arising out of a commercial transaction cannot be disregarded, provided there are no extenuating circumstances. She argues that domestic commercial arbitration is more similar to international commercial arbitration than to domestic litigation, and conflict of law rules that apply in international commercial arbitration should therefore apply domestically.
February 8, 2012
The author aims to demonstrate that mutually agreed-upon choice of law made by parties to an arbitration agreement arising out of a commercial transaction cannot be disregarded, provided there are no extenuating circumstances. She argues that domestic commercial arbitration is more similar to international commercial arbitration than to domestic litigation, and conflict of law rules that apply in international commercial arbitration should therefore apply domestically.
Feature Story: Does Our Agent Have the Power?: Extending the Power of Agents to Bind Principals to Arbitration
February 8, 2012
The article discusses scope of power and unsettled issues with respect to preinjury arbitrations in heath care, particularly in nursing home admission contracts. The article addresses which law (state or federal) should govern such arbitration and if agents, with only oral authorization, may bind their principal to arbitration.
February 8, 2012
The article discusses scope of power and unsettled issues with respect to preinjury arbitrations in heath care, particularly in nursing home admission contracts. The article addresses which law (state or federal) should govern such arbitration and if agents, with only oral authorization, may bind their principal to arbitration.
A New Theory Concerning the Credibility and Success of Threats to Sue
February 8, 2012
Negative-expected-value (NEV) suits are ones in which the expected litigation costs exceed the expected judgment. This paper offers a new explanation for the credibility and success of plaintiff with NEV suits. The explanation is based on the fact that litigation costs are generally not incurred all at once but rather over time; this divisibility of the litigation process is shown to play a crucial strategic role. The analysis identifies the conditions under which a plaintiff with an NEV suit will...
February 8, 2012
Negative-expected-value (NEV) suits are ones in which the expected litigation costs exceed the expected judgment. This paper offers a new explanation for the credibility and success of plaintiff with NEV suits. The explanation is based on the fact that litigation costs are generally not incurred all at once but rather over time; this divisibility of the litigation process is shown to play a crucial strategic role. The analysis identifies the conditions under which a plaintiff with an NEV suit will...
Shaping New Legal Frontiers: Dispute Resolution for the Internet
February 8, 2012
Includes detailed case studies of ODR scenarios until 1998, with extra focus on system shortcomings and design pitfalls. (From Journal: Note examines unique factors of online environment that render traditional litigation over disputes impractical. The authors analyze the failure of the Virtual Magistrate Project and determine that lessons can be learned from that experimental approach to develop ADR schemes that will be effective in cyber-based disputes.)
February 8, 2012
Includes detailed case studies of ODR scenarios until 1998, with extra focus on system shortcomings and design pitfalls. (From Journal: Note examines unique factors of online environment that render traditional litigation over disputes impractical. The authors analyze the failure of the Virtual Magistrate Project and determine that lessons can be learned from that experimental approach to develop ADR schemes that will be effective in cyber-based disputes.)
Seventh Annual Conference on Legal & Policy Issues In the Americas: Article: Justices of the Peace in Peru: An Efficient Justice Service
February 8, 2012
In Peru, Justices of the Peace provide an inexpensive and viable option for dispute resolution. The process is inexpensive and efficient. Even without funds from the state, this system has provided Peru's citizenry with a viable option for dispute resolution
February 8, 2012
In Peru, Justices of the Peace provide an inexpensive and viable option for dispute resolution. The process is inexpensive and efficient. Even without funds from the state, this system has provided Peru's citizenry with a viable option for dispute resolution
The EU as International Environmental Negotiator
February 8, 2012
Focusing on international environmental negotiation, this book examines how the EU's internal decision-making process leads to multilateral agreements. It studies eight processes, analyzing the amount of discretion EU negotiators enjoy with the member states they represent and the impact this has on negotiation.
February 8, 2012
Focusing on international environmental negotiation, this book examines how the EU's internal decision-making process leads to multilateral agreements. It studies eight processes, analyzing the amount of discretion EU negotiators enjoy with the member states they represent and the impact this has on negotiation.
The Organized Bar and the Collaborative Law Movement: A Study in Professional Change
February 8, 2012
Collaborative law (CL) is a dispute resolution process that relies on negotiation and puts aside the prospect of litigation. This article explains the emergence and evolution of the CL movement. It then reviews the mainstream legal community's responses to the CL movement. The article then argues that CL will not gain broad acceptance until an ethical or regulatory structure is established for it.
February 8, 2012
Collaborative law (CL) is a dispute resolution process that relies on negotiation and puts aside the prospect of litigation. This article explains the emergence and evolution of the CL movement. It then reviews the mainstream legal community's responses to the CL movement. The article then argues that CL will not gain broad acceptance until an ethical or regulatory structure is established for it.
Contracting for Arbitration in Custody Disputes: Parental Autonomy vs. State Responsibility
February 8, 2012
After a historical analysis of arbitration in child custody disputes, the author argues that child custody disputes create problems in the arbitration process, which outweigh any benefits arbitration may offer as a method of dispute resolution. The article concludes that private judging should be expanded because it incorporates some of arbitration's benefits while reducing risks of arbitration not the children involved in custody disputes.
February 8, 2012
After a historical analysis of arbitration in child custody disputes, the author argues that child custody disputes create problems in the arbitration process, which outweigh any benefits arbitration may offer as a method of dispute resolution. The article concludes that private judging should be expanded because it incorporates some of arbitration's benefits while reducing risks of arbitration not the children involved in custody disputes.
International Arbitration
February 8, 2012
International Arbitration 2007. The focus of the book is on the resolution of international business disputes and the issues they raise in the context of litigation, arbitration, and mediation.
February 8, 2012
International Arbitration 2007. The focus of the book is on the resolution of international business disputes and the issues they raise in the context of litigation, arbitration, and mediation.
