References
Problem-Solving Advocacy in Mediations: A Model of Client Representation,
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
Mediating Child Custody Disputes for High Conflict Couples: Structuring Mediation to Accommodate the Needs & Desires of Litigious Parents
February 8, 2012
This article investigates how mediation can enable litigious parents to work through their issues for the betterment of their children concerning custody issues in divorce proceedings. Even if the parents cannot establish a working mediation for the divorce, the author still thinks there is value in mediating only the child custody issues.
February 8, 2012
This article investigates how mediation can enable litigious parents to work through their issues for the betterment of their children concerning custody issues in divorce proceedings. Even if the parents cannot establish a working mediation for the divorce, the author still thinks there is value in mediating only the child custody issues.
Comment, The Truth Behind Final and Binding Arbitration: A study of Vacated Arbitration Awards in the New York Appellate Division
February 8, 2012
This article examines the New York and national policy of favoring arbitration settlements as final and binding. The author concludes - based upon a ten-year study - that the New York Appellate Division is vacating too many arbitration awards, particularly among those relating to employment law. Therefore, the New York policy should be changed or the New York Appellate Division must exhibit greater judicial restraint and allow arbitration decisions to stand.
February 8, 2012
This article examines the New York and national policy of favoring arbitration settlements as final and binding. The author concludes - based upon a ten-year study - that the New York Appellate Division is vacating too many arbitration awards, particularly among those relating to employment law. Therefore, the New York policy should be changed or the New York Appellate Division must exhibit greater judicial restraint and allow arbitration decisions to stand.
Assessing the Case for Employment Arbitration: A New Path for Empirical Research
February 8, 2012
This article discusses the underlying policy debate relating to mandatory arbitration in employment. The authors use a study of large employers that have administered these mandatory arbitration policies for years as a basis for providing empirical evidence to answer these underlying policy questions. This article also summarizes the arguments in favor of, and against arbitration.
February 8, 2012
This article discusses the underlying policy debate relating to mandatory arbitration in employment. The authors use a study of large employers that have administered these mandatory arbitration policies for years as a basis for providing empirical evidence to answer these underlying policy questions. This article also summarizes the arguments in favor of, and against arbitration.
China’s FTAs: Legal Characteristics and Implications
February 8, 2012
This article discusses China's growing reliance on free trade agreements as it becomes more integrated in the world economy. The author recognizes the dispute settlement in China's FTAs are usually friendly and nonlitigious, allowing for amicable negotiations with the ability to resort to conciliation, mediation, or arbitration. This both embodies the traditional Chinese values and China's unfamiliarity with the procedures and practices of trade dispute resolution and shows its lack of confidence...
February 8, 2012
This article discusses China's growing reliance on free trade agreements as it becomes more integrated in the world economy. The author recognizes the dispute settlement in China's FTAs are usually friendly and nonlitigious, allowing for amicable negotiations with the ability to resort to conciliation, mediation, or arbitration. This both embodies the traditional Chinese values and China's unfamiliarity with the procedures and practices of trade dispute resolution and shows its lack of confidence...
Comment, Discover Bank v. Superior Court: The Unconscionability of Classwide Arbitration Waivers in California
February 8, 2012
This article argues that Discover Bank and subsequent cases have determined that not only is classwide arbitration a valid option under California law, but also that it may be unconscionable to waive the classwide arbitration right in certain contexts.
February 8, 2012
This article argues that Discover Bank and subsequent cases have determined that not only is classwide arbitration a valid option under California law, but also that it may be unconscionable to waive the classwide arbitration right in certain contexts.
Mediation & Conference Program in the Federal Court Of Appeals: A Sourcebook for Judges and Lawyers
February 8, 2012
This book is designed as a guide to introduce the reader to the various mediation programs that have been implemented in the U.S. federal courts of appeals. The author gives the reader an overview of federal appellate ADR techniques and describes the mediation programs in place in each of the thirteen federal courts of appeals.
February 8, 2012
This book is designed as a guide to introduce the reader to the various mediation programs that have been implemented in the U.S. federal courts of appeals. The author gives the reader an overview of federal appellate ADR techniques and describes the mediation programs in place in each of the thirteen federal courts of appeals.
The Zen of Arbitration: Contracting for Judicial Review of Arbitration Awards
February 8, 2012
The comment examines the scope of arbitration and the Supreme Court's impending decision in Hall Street Associates., L.L.C. v. Mattel Inc. and addresses the fundamental differences in how the Third and Ninth Circuit Courts view arbitration. The article provides a comparative analysis of judicial deference to arbitration results.
February 8, 2012
The comment examines the scope of arbitration and the Supreme Court's impending decision in Hall Street Associates., L.L.C. v. Mattel Inc. and addresses the fundamental differences in how the Third and Ninth Circuit Courts view arbitration. The article provides a comparative analysis of judicial deference to arbitration results.
The Law of Mediation in Texas
February 8, 2012
The author conducts an overview of the law of mediation in the State of Texas, focusing on Texas judicial opinions dealing with the Texas Alternative Dispute Resolution Act.
February 8, 2012
The author conducts an overview of the law of mediation in the State of Texas, focusing on Texas judicial opinions dealing with the Texas Alternative Dispute Resolution Act.
ADR-Advisory Jury Trials
February 8, 2012
Since 2000, the First Circuit has been experimenting with ADR-Advisory trials. The article explains how these trials are conducted. Once the jurors are assembled they read materials about the case, hear statements from lawyers, and occasionally hear statements from the parties to the controversy. After the jury verdict is returned, counsel convenes to attempt to reach a settlement. This method often, but not always, helps the parties to settle.
February 8, 2012
Since 2000, the First Circuit has been experimenting with ADR-Advisory trials. The article explains how these trials are conducted. Once the jurors are assembled they read materials about the case, hear statements from lawyers, and occasionally hear statements from the parties to the controversy. After the jury verdict is returned, counsel convenes to attempt to reach a settlement. This method often, but not always, helps the parties to settle.
