References
Thinking About Fairness & Achieving Balance in Mediation
February 8, 2012
This article reviews how five fundamental aspects of thinking systematically contribute to biases within mediations and discusses how awareness of this might aid mediators in improving fairness and balance in mediations.
February 8, 2012
This article reviews how five fundamental aspects of thinking systematically contribute to biases within mediations and discusses how awareness of this might aid mediators in improving fairness and balance in mediations.
The Jury is Out: Pre-dispute Binding Arbitration Agreements for Medical Malpractice Claims
February 8, 2012
This article investigates the use of pre-dispute binding arbitration agreements by hospitals, doctors, and insurers in medical malpractice litigation. It investigates the history of the agreements, and the justification for them.
February 8, 2012
This article investigates the use of pre-dispute binding arbitration agreements by hospitals, doctors, and insurers in medical malpractice litigation. It investigates the history of the agreements, and the justification for them.
The Changing Face of Employment/Workplace Dispute Resolution
February 8, 2012
This article examines the expanding nature of employment and workplace arbitration. Gershenfeld argues that the 1991 case of Gilmer v. Interstate/Johnson Lane has encouraged a substantial increase in employment arbitration. Despite this growth, there are problems, especially regarding due process. However, with the increasing trend toward outsourcing job opportunities, employment dispute resolution is becoming even more important with regard to arbitrary dismissals.
February 8, 2012
This article examines the expanding nature of employment and workplace arbitration. Gershenfeld argues that the 1991 case of Gilmer v. Interstate/Johnson Lane has encouraged a substantial increase in employment arbitration. Despite this growth, there are problems, especially regarding due process. However, with the increasing trend toward outsourcing job opportunities, employment dispute resolution is becoming even more important with regard to arbitrary dismissals.
Factors Affecting the Outcome of Divorce and Paternity Mediations
February 8, 2012
This article discusses the topic of divorce mediation. To study predictors of reaching agreement in family mediation, the authors gathered data from divorce and paternity cases. Research found that numerous factors, including father's reported concerns about participating in mediation, number of mediation sessions, and attorney representation, were associated with lower rates of agreement. The implications of these findings for understanding family mediation processes are examined in this article....
February 8, 2012
This article discusses the topic of divorce mediation. To study predictors of reaching agreement in family mediation, the authors gathered data from divorce and paternity cases. Research found that numerous factors, including father's reported concerns about participating in mediation, number of mediation sessions, and attorney representation, were associated with lower rates of agreement. The implications of these findings for understanding family mediation processes are examined in this article....
Disclosure Requests in International Commercial Arbitration: Finding a Balance Not Only Between Legal Traditions But Also Between the Parties’ Rights
February 8, 2012
This article discusses how there are practical and legal consequences when parties agree to a specific procedure for document disclosure or when they leave it to the practice of arbitral tribunals. Arbitration rules do not address these issues, which leaves the issues flexible and arbitral tribunals should consider submissions by the parties with respect to disclosure requirements, and these tribunals should take into account the parties' domestic discovery rules.
February 8, 2012
This article discusses how there are practical and legal consequences when parties agree to a specific procedure for document disclosure or when they leave it to the practice of arbitral tribunals. Arbitration rules do not address these issues, which leaves the issues flexible and arbitral tribunals should consider submissions by the parties with respect to disclosure requirements, and these tribunals should take into account the parties' domestic discovery rules.
Striking a Balance Between Investor Protections and National Sovereignty: The Relevance Local Remedies in Investment Treaty Arbitration
February 8, 2012
This article argues that according appropriate significance to local remedies and national court decisions is necessary if investment treaty arbitrations is to viable as a means of dispute resolution. The article examines multiple local remedies cases, distinguishing their holdings from the traditional approach, with each offering distinct propositions of law.
February 8, 2012
This article argues that according appropriate significance to local remedies and national court decisions is necessary if investment treaty arbitrations is to viable as a means of dispute resolution. The article examines multiple local remedies cases, distinguishing their holdings from the traditional approach, with each offering distinct propositions of law.
The Nobel Effect: Nobel Peace Prize Laureates as International Norm Entrepreneur
February 8, 2012
This article discusses how Nobel Peace Prize Laureates have played a dominant role in shaping modem international law. It traces the different periods of international law with significant discussion of international arbitration.
February 8, 2012
This article discusses how Nobel Peace Prize Laureates have played a dominant role in shaping modem international law. It traces the different periods of international law with significant discussion of international arbitration.
Note, Where Can UnconscionabilityTake Arbitration? Why The Fifth Circuit’s Conscience Was Only PartiallyShocked
February 8, 2012
The Fifth Circuit considers unconscionability in the context of arbitration clauses. Groff examines this circuit's decisions and argues that it is working to counter the Supreme Court's pro-arbitration stance by policing the fairness of arbitration clauses using the doctrine of unconscionability.
February 8, 2012
The Fifth Circuit considers unconscionability in the context of arbitration clauses. Groff examines this circuit's decisions and argues that it is working to counter the Supreme Court's pro-arbitration stance by policing the fairness of arbitration clauses using the doctrine of unconscionability.
Conflict, Climate Change, and Environmental Catastrophe: How Mediators Can Help Save the Planet
February 8, 2012
The author focuses on environmental issues resulting from increasing population, technology, and globalization and claims that environmental disasters will become more widespread and severe, leading to more conflicts throughout the world. The author proposes that efficient mediation of environmental conflicts is imperative in limiting the impact of such future environmental disasters.
February 8, 2012
The author focuses on environmental issues resulting from increasing population, technology, and globalization and claims that environmental disasters will become more widespread and severe, leading to more conflicts throughout the world. The author proposes that efficient mediation of environmental conflicts is imperative in limiting the impact of such future environmental disasters.
Report of the Task Force on Family Law
February 8, 2012
The article provides a summary of a report authored by the Task Force on Family Law. The Task Force was created by statute to provide recommendations to incorporate alternative dispute resolution methods into emotionally sensitive court proceedings like divorce cases. Among the recommendations were (1) to make ADR available early in family law cases and (2) to encourage the referral of parties to mediation in order to avoid highly litigated family disputes.
February 8, 2012
The article provides a summary of a report authored by the Task Force on Family Law. The Task Force was created by statute to provide recommendations to incorporate alternative dispute resolution methods into emotionally sensitive court proceedings like divorce cases. Among the recommendations were (1) to make ADR available early in family law cases and (2) to encourage the referral of parties to mediation in order to avoid highly litigated family disputes.
