This article discusses a new medical malpractice mediation program instituted at Drexel University. The author suggests that lawyers have a very different role in mediation than in the courtroom and that over more time this role will become more natural.
This article argues that despite the Supreme Court's decision in Thomas v. Carnival Corp., which seemingly takes a balanced approach in enforcing private arbitration agreements by considering the federal policy of protecting foreign seafarrers, there exists inequity which exploits foreign cruise workers and obliterates any chance afforded to them under U.S. law of receiving adequate remedies. The paper specifically states that the realities of this context make it difficult for seafarers to submit...
This book covers a wide range of areas, including ethical, environmental, industrial, and neighborhood conflict with theory and case studies. There is an emphasis on creative solutions to problem solving, revised to reflect the needs of academics and professional counselors.
The book tries to make labor and employment arbitration law simplified. The expert coverage provides a description of the origin, development, and practice of labor arbitration. The text focuses on the fundamentals of the labor arbitration process.
Siegel focused on the environmental concerns of climate change and sustainable energy, while explaining the positive impact that alternative dispute resolution methods can have on finding a solution for these issues. Siegel covered three forms of dispute resolution: interest based negotiation, collaborative decision-making between government and stakeholders, and collaborative decision-making within the federal government.
Mediation has advantages in international disputes. However, the lack of certainty in enforcement is a large reason that businesses do not engage in more mediation. Use of the New York Convention may help, but it is imperfect.
In this article, Oberman argues that mediators have an obligation to present clients with a clear picture of the mediation process. Oberman argues that better defined models of mediation will clarify the purpose, goal, and ethics of the mediation process for both mediators and clients. Further, she argues that more transparency in the. process will give clients more self- determination and create a better process for all involved.
Examines the right of employees to waive the right to adjudication. The author points out the difference in bargaining power and the lack of constitutional rights guaranteed in contractual arbitration as evidence that the Supreme Court may be incorrect in allowing employees to waive their rights to trial against employers.
Alternative dispute resolution (ADR) is becoming more prevalent in the disaster context, and both the Federal Emergency Management Agency (FEMA) and local agencies are working to use ADR whenever possible in response to disasters.