References
Court-Connected Arbitration in the Superior Court of Arizona: A Study of Its Performance and Proposed Rule Changes
February 8, 2012
This article examines the effectiveness of arbitration. Specifically, the article analyzes compulsory, court-connected arbitration in the Arizona Superior Court.
February 8, 2012
This article examines the effectiveness of arbitration. Specifically, the article analyzes compulsory, court-connected arbitration in the Arizona Superior Court.
The Hundred-Year Decline of Trials and the Thirty Years War
February 8, 2012
This article discusses the recent decline in the number of cases that reach trial. As explanations for this decline, Galanter offers a lack of court resources and the length of time it takes cases to reach trial. Galanter also points to the increase in ADR forums (as well as judges' increasing approval in these forums) as another explanation for the decline in the number of cases reaching trial.
February 8, 2012
This article discusses the recent decline in the number of cases that reach trial. As explanations for this decline, Galanter offers a lack of court resources and the length of time it takes cases to reach trial. Galanter also points to the increase in ADR forums (as well as judges' increasing approval in these forums) as another explanation for the decline in the number of cases reaching trial.
Mediator is an Action Noun: Action Steps for Conducting an Effective Mediation
February 8, 2012
This article describes the tactics an effective mediator uses to assist parties in reaching a voluntary resolution. Walking through a hypothetical conflict, the author offers numerous ideas to help potential mediators before and during the mediation process. These ideas include preliminary questions to ask attorneys, suggested physical arrangements for the mediation session, and the best way to manage private caucus sessions.
February 8, 2012
This article describes the tactics an effective mediator uses to assist parties in reaching a voluntary resolution. Walking through a hypothetical conflict, the author offers numerous ideas to help potential mediators before and during the mediation process. These ideas include preliminary questions to ask attorneys, suggested physical arrangements for the mediation session, and the best way to manage private caucus sessions.
Busting Arbitration Myths
February 8, 2012
This article analyzes and discusses many commonly held beliefs about arbitration and whether or not they are true.
February 8, 2012
This article analyzes and discusses many commonly held beliefs about arbitration and whether or not they are true.
The Plague of Causation in the National Childhood Vaccine Injury Act
February 8, 2012
The Vaccine Act shifts the liability in vaccine tort cases from manufactures to the federal government and creates an administrative remedy. The burden of proof for causation in cases not described in the table of injuries and vaccines created controversy. The author proposes a model that could resolve the issues of causation in off table claims by establishing an intermediate proof standard through amendment of the Vaccine Act.
February 8, 2012
The Vaccine Act shifts the liability in vaccine tort cases from manufactures to the federal government and creates an administrative remedy. The burden of proof for causation in cases not described in the table of injuries and vaccines created controversy. The author proposes a model that could resolve the issues of causation in off table claims by establishing an intermediate proof standard through amendment of the Vaccine Act.
Dispute Resolution Center Serves Entire Community
February 8, 2012
The Dispute Resolution Center (DRC) in Harris County, staffed by lawyer and non-lawyer volunteers, has been a tremendous asset to the community. The Center provides mediation services to the community at large and currently focuses on children's needs. Any person in Harris County has access to DRC's free services.
February 8, 2012
The Dispute Resolution Center (DRC) in Harris County, staffed by lawyer and non-lawyer volunteers, has been a tremendous asset to the community. The Center provides mediation services to the community at large and currently focuses on children's needs. Any person in Harris County has access to DRC's free services.
Beyond the Thunderdome – The Search for a New Paradigm of Modern Dispute Resolution: The Advent of Collaborative Lawyering and its Conformity with Model Rules of Professional Conduct
February 8, 2012
The author discusses the advents of collaborative lawyering and suggests that collaborative lawyering is not appropriate for every case because it focuses on the use of participation agreements which may limit the lawyer's abilities to advocate the client's cause with the kind of commitment and dedication required by the Model Rules of Professional Conduct. She recommends creation of new ethical standards that accommodate collaborative lawyering rather than using the MRPC, which was developed around...
February 8, 2012
The author discusses the advents of collaborative lawyering and suggests that collaborative lawyering is not appropriate for every case because it focuses on the use of participation agreements which may limit the lawyer's abilities to advocate the client's cause with the kind of commitment and dedication required by the Model Rules of Professional Conduct. She recommends creation of new ethical standards that accommodate collaborative lawyering rather than using the MRPC, which was developed around...
The Position in the United States on Foreign Forum Selection and Arbitration Clauses, Forum Non Conveniens, and Antisuit Injunctions
February 8, 2012
The article examines jurisdiction in maritime cases, including the enforcement of arbitration clauses in contracts with foreign entities. The author provides a discussion on what happens to cases that are dismissed due to the existence of a foreign arbitration clause. Finally, the author concludes there may be a limited set of cases where a United States court should not enforce a foreign arbitration clause for fairness reasons.
February 8, 2012
The article examines jurisdiction in maritime cases, including the enforcement of arbitration clauses in contracts with foreign entities. The author provides a discussion on what happens to cases that are dismissed due to the existence of a foreign arbitration clause. Finally, the author concludes there may be a limited set of cases where a United States court should not enforce a foreign arbitration clause for fairness reasons.
Ethics for Commercial Arbitrators: Basic Principles and Emerging Standards
February 8, 2012
Recognizing the increase in commercial arbitration, this article discusses the rules of ethics that govern commercial arbitrators. Arbitrators are fundamentally different from judges-they have unique duties, including but not limited to fiduciary duties.
February 8, 2012
Recognizing the increase in commercial arbitration, this article discusses the rules of ethics that govern commercial arbitrators. Arbitrators are fundamentally different from judges-they have unique duties, including but not limited to fiduciary duties.
Forms of Mediation and Law: Cultures of Dispute Resolution
February 8, 2012
Mediation forms are seen as cultures of dispute resolution in this article. It presents three models: pragmatic, transformative, and narrative. The author advocates understanding the differences and commonalities between the models.
February 8, 2012
Mediation forms are seen as cultures of dispute resolution in this article. It presents three models: pragmatic, transformative, and narrative. The author advocates understanding the differences and commonalities between the models.
