References
Changing Minds: The Work of Mediators and Empirical Studies of Persuasion
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
Legal Negotiations
February 8, 2012
Williams and Craver present an instructive book for attorneys and law students to develop negotiating skills. The book describes negotiating styles, stages in the negotiation process, and factors that affect the negotiating process.
February 8, 2012
Williams and Craver present an instructive book for attorneys and law students to develop negotiating skills. The book describes negotiating styles, stages in the negotiation process, and factors that affect the negotiating process.
The Five Percent: Finding Solutions to Seemingly Impossible Conflicts
February 8, 2012
This title specifically addresses overcoming the most difficult roadblocks to conflict resolution in situatuns where the dispute seems intractable. Provding innovative new strategies for dealing with such disputes, the book offers a guide to ensuring success in even the most difficult negotiations.
February 8, 2012
This title specifically addresses overcoming the most difficult roadblocks to conflict resolution in situatuns where the dispute seems intractable. Provding innovative new strategies for dealing with such disputes, the book offers a guide to ensuring success in even the most difficult negotiations.
The Future of Manifest Disregard As a Valid Ground for Vacating Arbitration Awards in Light of Supreme Court’s Ruling in Hall Street Associates, L.L.C. v. Mattel, Inc.
February 8, 2012
This note discusses the implications of the Supreme Court decision Halt Street Associations, L.L.C. v. Mattel, Inc. for the common-law doctrine of manifest disregard of the law. After analyzing the circuit split that has developed on this issue, the note argues that the Supreme Court would most likely hold that manifest disregard is no longer a valid ground for a vacatur of arbitral awards under the Federal Arbitration Act.
February 8, 2012
This note discusses the implications of the Supreme Court decision Halt Street Associations, L.L.C. v. Mattel, Inc. for the common-law doctrine of manifest disregard of the law. After analyzing the circuit split that has developed on this issue, the note argues that the Supreme Court would most likely hold that manifest disregard is no longer a valid ground for a vacatur of arbitral awards under the Federal Arbitration Act.
Casenote, A Few Circuit Citys Back, One Giant Luce Forward: A Review of the Ninth Circuit’s Interplay with the National Policy Favoring Arbitration in the Employment Contract Setting
February 8, 2012
This Casenote surveys the Ninth Circuit's evolving view of arbitration, specifically in employment contracts. The author details the Ninth Circuit's early reliance on state contract law principles and subsequent decisions which indicate the shifting view of the court. Finally, the Casenote discusses what employment contract drafters should consider based on the court's most recently articulated principles.
February 8, 2012
This Casenote surveys the Ninth Circuit's evolving view of arbitration, specifically in employment contracts. The author details the Ninth Circuit's early reliance on state contract law principles and subsequent decisions which indicate the shifting view of the court. Finally, the Casenote discusses what employment contract drafters should consider based on the court's most recently articulated principles.
Emerging Trends in Dispute Resolution
February 8, 2012
This book discusses dispute resolution trends in the corporate, government, and private sectors, the 2007 Dispute Resolution Board practice and procedures manual, and collaborative law challenges and opportunities.
February 8, 2012
This book discusses dispute resolution trends in the corporate, government, and private sectors, the 2007 Dispute Resolution Board practice and procedures manual, and collaborative law challenges and opportunities.
Mandatory Arbitration Provisions: A Powerful Tool to Prevent Contentious and Costly Trust Litigation, but are They Enforceable?
February 8, 2012
This Article proposes that the inclusion of mandatory arbitration provisions in trust agreements can aid a grantor in effectuating a seamless distribution of wealth by preventing trust disagreements from erupting into costly litigation.
February 8, 2012
This Article proposes that the inclusion of mandatory arbitration provisions in trust agreements can aid a grantor in effectuating a seamless distribution of wealth by preventing trust disagreements from erupting into costly litigation.
The Emergence Of Cooperation Among Egoists
February 8, 2012
This article investigates the conditions under which cooperation will emerge in a world of egoists without central authority. This problem plays an important role in such diverse fields as political philosophy, international politics, and economic and social exchange. The problem is formalized as an iterated Prisoner's Dilemma with pairwise interaction among a population of individuals. Results from three approaches are reported: the tournament approach, the ecological approach, and the evolutionary...
February 8, 2012
This article investigates the conditions under which cooperation will emerge in a world of egoists without central authority. This problem plays an important role in such diverse fields as political philosophy, international politics, and economic and social exchange. The problem is formalized as an iterated Prisoner's Dilemma with pairwise interaction among a population of individuals. Results from three approaches are reported: the tournament approach, the ecological approach, and the evolutionary...
When World’s Collide:The Enforceability of Arbitration Agreements in Bankruptcy
February 8, 2012
This article examines the enforceability of an arbitration clause in the bankruptcy context. The reader should be aware at the outset, however, that there is no clear-cut answer as to whether any particular arbitration clause will be enforced.
February 8, 2012
This article examines the enforceability of an arbitration clause in the bankruptcy context. The reader should be aware at the outset, however, that there is no clear-cut answer as to whether any particular arbitration clause will be enforced.
Access to Justice and Alternative Dispute Resolution
February 8, 2012
This article discusses the role that access to justice plays in the development of states. In addition to reviewing access to justice in general and the challenges states face in implementing programs that promulgate rights, the article specifically focuses on the role that alternative dispute resolution plays in creating access to justice.
February 8, 2012
This article discusses the role that access to justice plays in the development of states. In addition to reviewing access to justice in general and the challenges states face in implementing programs that promulgate rights, the article specifically focuses on the role that alternative dispute resolution plays in creating access to justice.
