While sport-specific arbitration has the advantages of expert adjudicators and timely hearings, Findlay stresses that the arbitration process should be designed to support and facilitate the desired function of independent arbitration. This article focuses on rules adopted for Canadian sport arbitration.
Using the example of Registry of Interpreters for the Deaf (RID), this article discusses how technology can be used to improve ADR mechanisms within the deaf community. Moreover, it discusses the broad benefits of technology in ADR processes.
This Note suggests that F.I.F.A. and the U.E.F.A. should look to baseball for a solution. Part I of this Note examines the international transfer system and the decisions that have begun to dismantle it. Part II examines baseball's battles with and solutions to many of the transfer system's problems. Part III examines the feasibility of implementing baseball's solutions in European football.
This Comment outlines the current controversy over mandatory arbitration clauses, including the defenses available under state law, such as the doctrine of unconscionability. The author argues that mandatory arbitration agreements leave employees with no meaningful choice, and that courts have exacerbated the situation by misinterpreting the congressional intent behind legislation designed to remedy the problem.
This Article reviews the author's previous mediator-orientation models and proposes a new system for understanding the range of mediator orientations based on substantive, procedural, and meta-procedural decision-making grids.
This article looks at labor tribunals used to adjudicate labor law cases generally, as well as specialized labor tribunals that deal with unfair dismissal cases. The author argues that economic conditions like unemployment and bankruptcy can impact how judges on the arbitral panels implement legislation.
This article focuses on the governance implications of both international arbitration and litigation and how different forms of governance have distinct effects on the behavior of transnational actors. The author utilizes the shadow of the law metaphor to explore transnational judicial governance and transnational private governance, as well as to explore the complex relationship between transnational judicial governance and transnational arbitration.
This article examines the history, development and theory of the client-centered approach to lawyering, which has become the most prevalent theory of lawyering taught in law school clinics. It examines the basic tenets of client-centered representation as a problem-solving approach and shows how critique and modification of the approach has spawned a diversity of lawyering models that share the basic tenets of client-centered representation but are in tension with its preferred methodology of lawyer...
This article discusses the negative effects of hostility and conflict on both parents and children. It provides an examination of the restorative justice movement and suggests that high-conflict parents participate in forgiveness education programs to resolve disputes.
This article discusses the benefits of interdisciplinary, collaborative efforts between lawyers and social workers. The authors also reconcile the attorneys' and social workers' (or other assisting professionals' ) divergent mandatedreporting obligations.