References
Latin America and ICSID: David versus Goliath?
February 8, 2012
With increasing ICSID arbitration requests from Latin American countries, current displeasure with ICSID in some countries may spread to other countries in that region. The displeasure stems from a variety of reasons, including lack of transparency by arbitration panels and a perception of arbitrator bias. The countries are voicing their displeasure by methods such as contracting to avoid ICSID and withdrawing from the ICSID convention.
February 8, 2012
With increasing ICSID arbitration requests from Latin American countries, current displeasure with ICSID in some countries may spread to other countries in that region. The displeasure stems from a variety of reasons, including lack of transparency by arbitration panels and a perception of arbitrator bias. The countries are voicing their displeasure by methods such as contracting to avoid ICSID and withdrawing from the ICSID convention.
From Court-Surrogate to Regulatory Tool: Re-Framing the Empirical Study of Employment Arbitration
February 8, 2012
Weidemaier identifies and discusses empirical research surrounding the use of arbitration to resolve employment disputes. In doing so he points to the failure to take account of filtering mechanisms in outcome research as an explanation of the difficultly in assessing the relative fairness of arbitration and litigation. Thus, Weidemaier argues for a conceptual shift acknowledging arbitration not only a court surrogate but also as part of an employer-structured regulatory process.
February 8, 2012
Weidemaier identifies and discusses empirical research surrounding the use of arbitration to resolve employment disputes. In doing so he points to the failure to take account of filtering mechanisms in outcome research as an explanation of the difficultly in assessing the relative fairness of arbitration and litigation. Thus, Weidemaier argues for a conceptual shift acknowledging arbitration not only a court surrogate but also as part of an employer-structured regulatory process.
Focusing Failures in Competitive Environments: Explaining Decision Errors in the Monty Hall Game, the Acquiring a Company Problem, and Multiparty Ultimatums
February 8, 2012
This paper attacks one of the chief limitations of the field of behavioral decision research _the past inability to use this literature to improve decision making. Building off of the work of Thompson, Gentner, Loewenstein and colleagues (Loewenstein, Thompson, & Gentner, 1999; Thompson, Gentner, & Loewenstein, 2000; Gentner & Markman, 1997), the current paper finds that it is possible to reduce bias in one of the most robust problems in the decision literature, the Acquiring a Company problem (Samuelson...
February 8, 2012
This paper attacks one of the chief limitations of the field of behavioral decision research _the past inability to use this literature to improve decision making. Building off of the work of Thompson, Gentner, Loewenstein and colleagues (Loewenstein, Thompson, & Gentner, 1999; Thompson, Gentner, & Loewenstein, 2000; Gentner & Markman, 1997), the current paper finds that it is possible to reduce bias in one of the most robust problems in the decision literature, the Acquiring a Company problem (Samuelson...
Guess Who is Not Coming to Dinner: Where Are the Physicians at the Healthcare Mediation Table?
February 8, 2012
This essay discusses who is at the table in designing a system of standards and principles to guide resolution of healthcare conflicts. Particularly, the focus of this essay is on physician providers and whether physicians need to be present, why physicians are under-represented, and what can be done to bring them to the table.
February 8, 2012
This essay discusses who is at the table in designing a system of standards and principles to guide resolution of healthcare conflicts. Particularly, the focus of this essay is on physician providers and whether physicians need to be present, why physicians are under-represented, and what can be done to bring them to the table.
An Empirical Analysis of Collaborative Practices
February 8, 2012
This article summarizes empirical research about Collaborative Practice, the Collaborative movement, its interaction with other parts of the dispute resolution field, and its impact on the field. It reviews studies of Collaborative Practice describing the individuals involved in Collaborative cases, how the process works, the operation of local practice groups, and the impact of Collaborative Practice on legal practice generally. Based on this analysis, it suggests an agenda for future research....
February 8, 2012
This article summarizes empirical research about Collaborative Practice, the Collaborative movement, its interaction with other parts of the dispute resolution field, and its impact on the field. It reviews studies of Collaborative Practice describing the individuals involved in Collaborative cases, how the process works, the operation of local practice groups, and the impact of Collaborative Practice on legal practice generally. Based on this analysis, it suggests an agenda for future research....
The Intersection of Evaluation by Mediators and Informed Consent: Warning the Unwary
February 8, 2012
This article outlines what mediators should tell parties before providing an opinion on the merits of a legal question, as well as how mediators should obtain informed consent prior to assuming an evaluative or decisional role.
February 8, 2012
This article outlines what mediators should tell parties before providing an opinion on the merits of a legal question, as well as how mediators should obtain informed consent prior to assuming an evaluative or decisional role.
Similarities Between Arbitration and Bankruptcy Litigation
February 8, 2012
This article highlights the differences between the Federal Rules of Civil Procedure (FRCP) and the rules used in bankruptcy and arbitration proceedings. It concludes that the differences are the driving factor behind the lower expense and expediency of bankruptcy and arbitration. The article does not recommend amending the FRCP to more closely mirror the bankruptcy and arbitration rules, but questions why parties would choose bankruptcy arbitration over standard bankruptcy procedures.
February 8, 2012
This article highlights the differences between the Federal Rules of Civil Procedure (FRCP) and the rules used in bankruptcy and arbitration proceedings. It concludes that the differences are the driving factor behind the lower expense and expediency of bankruptcy and arbitration. The article does not recommend amending the FRCP to more closely mirror the bankruptcy and arbitration rules, but questions why parties would choose bankruptcy arbitration over standard bankruptcy procedures.
Extraordinary Rendition, Torture, and Other Nightmares from the War on Terror
February 8, 2012
This article examines the U.S. practice of extraordinary rendition, a method of transferring detainees abroad for detention and interrogation either from the United States, on behalf of the United States, or from occupied Iraq. It concludes that rendition does not comply with either international human rights norms or the laws of war. The article examines the Nuremberg consensus arrived at following the Second World War, which provided for individual criminal responsibility for the commission of crimes...
February 8, 2012
This article examines the U.S. practice of extraordinary rendition, a method of transferring detainees abroad for detention and interrogation either from the United States, on behalf of the United States, or from occupied Iraq. It concludes that rendition does not comply with either international human rights norms or the laws of war. The article examines the Nuremberg consensus arrived at following the Second World War, which provided for individual criminal responsibility for the commission of crimes...
