Disputes and lawsuits are quite common in business and are often a source of significant liabilities. We conjecture that measurement challenges and lack of adequate analysis tools have greatly inhibited the ability of the General Counsel
Because existing extralegal bargaining research was conducted in economically robust democratic societies, Guo and Klein try to balance the literature by exploring the question of societal norms in extralegal bargaining within the urban neighborhoods of China. The authors' study finds that residents in Hutongs rely on informal societal norms to resolve their conflicts. Guo and Klein also explore unique ADR practices occurring within Chinese neighborhoods.
A pipeline to deliver natural gas from Alaska to the lower forty-eight states would stretch through Canada, and unsettled land claims in Canada are preventing such a line from being created. The author discusses the issues with using negotiations to settle these claims, and proposes legislation settling all claims at once be utilized instead.
This article is about the award of prejudgment interest in condemnation damage awards. There is a small section that discusses if mandatory arbitration agreements should be upheld if the contract is induced by fraud
This article examines the newly effective 11 U.S.C. _ 502(k), which allows courts to penalize unsecured creditors that do not negotiate reasonable alternative payment arrangements with their debtors. Several other changes made to the BAPCPA are explored, detailing the ways in which they were crafted to promote pre-petition negotiations between the parties of a bankruptcy.
This article discusses the Uniform Mediation Act (UMA) and its treatment of mediation communications in court proceedings. Although the general rule under the UMA is that communications are private, there are specific exceptions to the privilege against disclosure.
This article argues that the Hague Convention on Civil Aspects of International Child Abduction should adopt an Alternative Dispute Resolution Protocol. The author suggests this would help to resolve crossborder custody disputes.