References
On the Design of the Appeals Process: The Optimal Use of Discretionary Review versus Direct Appeal
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
The New Arkansas Appellate-Mediation Program
February 8, 2012
This article provides an in-depth profile of the appellate mediation program established by the Arkansas Supreme Court. The article also details federal appellate mediation programs and appellate mediation programs in other states. After a thorough analysis of the benefits of appellate mediation, the article concludes that the Arkansas program has many positive features but needs to be evaluated in the coming years.
February 8, 2012
This article provides an in-depth profile of the appellate mediation program established by the Arkansas Supreme Court. The article also details federal appellate mediation programs and appellate mediation programs in other states. After a thorough analysis of the benefits of appellate mediation, the article concludes that the Arkansas program has many positive features but needs to be evaluated in the coming years.
Appellate Mediation: Comments from the Mediation Office on Confidentiality and Sanctions
February 8, 2012
This article explores the Alabama court's new and very successful Appellate Mediation program. The author notes that confidentiality is one of the keys to the success of the program.
February 8, 2012
This article explores the Alabama court's new and very successful Appellate Mediation program. The author notes that confidentiality is one of the keys to the success of the program.
Expanding the Use of Collaborative Law: Consideration of Its Use in a Legal Aid Program for Resolving Family Law Disputes
February 8, 2012
This article examines some of the issues confronted by a legal aid program in considering whether a collaborative law process is a viable dispute resolution mechanism for family law disputes.
February 8, 2012
This article examines some of the issues confronted by a legal aid program in considering whether a collaborative law process is a viable dispute resolution mechanism for family law disputes.
Losing Lift and Creating Drag! The Effect of National Mediation Board Execution and Railway Labor Act Court Decisions on the Collective Bargaining Process in the Airline Industry: A Union Perspective
February 8, 2012
This article discusses the importance of creative mediation techniques in minimizing delay tactics and encouraging more productive bargaining in the airline industry.
February 8, 2012
This article discusses the importance of creative mediation techniques in minimizing delay tactics and encouraging more productive bargaining in the airline industry.
A Special Focus on Court-Affiliated Parent Education Programs: Parent Education Programs in Family Courts: Balancing Autonomy and State Intervention
February 8, 2012
This article considers how court-connected parent education programs can assist parents to access dispute resolution processes that best suit their families' needs, in a manner involving appropriately curtailed levels of state interference with parental autonomy. After reviewing traditionally accepted limits on state interference with family functioning, the increased concern for children's emotional well-being, and data relating to one parent education program, the author concludes that providing...
February 8, 2012
This article considers how court-connected parent education programs can assist parents to access dispute resolution processes that best suit their families' needs, in a manner involving appropriately curtailed levels of state interference with parental autonomy. After reviewing traditionally accepted limits on state interference with family functioning, the increased concern for children's emotional well-being, and data relating to one parent education program, the author concludes that providing...
Expanding Collaborative Divorce through Social Sciences
February 8, 2012
This article addresses how collaborative law can further expand its theoretical and practical base by drawing from social science perspectives on negotiation, conflict resolution and third-party interventions. It also explores how collaborative practice draws upon two prevailing models of negotiation, the strategic problem-solving and the social-psychological model, and demonstrates how tools from each model can be used at different points in a collaborative case's lifecycle.
February 8, 2012
This article addresses how collaborative law can further expand its theoretical and practical base by drawing from social science perspectives on negotiation, conflict resolution and third-party interventions. It also explores how collaborative practice draws upon two prevailing models of negotiation, the strategic problem-solving and the social-psychological model, and demonstrates how tools from each model can be used at different points in a collaborative case's lifecycle.
Note, Beyond Unconscionability: Preserving the Class Mechanism Under State Law in the Era of Consumer Arbitration
February 8, 2012
The Supreme Court's holding in Green Tree FinancialCorp. v. Bazzle stated that arbitrators should determine whether a silent or ambiguous agreement permits class arbitration and that arbitrators should decide whether to certify a class for claims that will be arbitrated. This Note looks at the tools available to consumers to overcome the use of arbitration agreements by defendants as a shield from classwide liability.
February 8, 2012
The Supreme Court's holding in Green Tree FinancialCorp. v. Bazzle stated that arbitrators should determine whether a silent or ambiguous agreement permits class arbitration and that arbitrators should decide whether to certify a class for claims that will be arbitrated. This Note looks at the tools available to consumers to overcome the use of arbitration agreements by defendants as a shield from classwide liability.
Destroying the Incentive for Negotiated Settlements and Undermining the Increased Use of Alternative Dispute Resolution Under the Comprehensive Environmental Response, Compensation, and Liability Act
February 8, 2012
The author states that the use of ADR by the EPA is essential for resolving conflicts involving the CERCLA. However, the decision in Cooper v. Aviall undermines the EPA policy of promoting the use of ADR.
February 8, 2012
The author states that the use of ADR by the EPA is essential for resolving conflicts involving the CERCLA. However, the decision in Cooper v. Aviall undermines the EPA policy of promoting the use of ADR.
Judicial Review and the Limits of Arbitral Authority: Lessons from the Law of Contract
February 8, 2012
The article discusses procedural guarantees and rights of disputants that may be obstructed without judicial review of arbitration awards. Kirgis challenges the contract-based conception of the arbitration process and suggests that courts apply a heightened scrutiny.
February 8, 2012
The article discusses procedural guarantees and rights of disputants that may be obstructed without judicial review of arbitration awards. Kirgis challenges the contract-based conception of the arbitration process and suggests that courts apply a heightened scrutiny.
