References
Designing Arbitration: Biological Substrates and Asymmetry in Risk and Reward
February 8, 2012
The authors discuss various theories of rational decision-making in order to determine if they can be applied to making arbitration agreements. After discussing several theories on human decision-making, the authors conclude that the theories in their current form have limited use for understanding arbitration agreement decision-making.
February 8, 2012
The authors discuss various theories of rational decision-making in order to determine if they can be applied to making arbitration agreements. After discussing several theories on human decision-making, the authors conclude that the theories in their current form have limited use for understanding arbitration agreement decision-making.
Negotiating the Wind: A Framework to Engage Citizens in Siting Wind Turbines
February 8, 2012
The author examines the tension between the global concern of developing more environmentally friendly and sustainable forms of energy production and the more local concern of determining where to place new forms of energy infrastructure - wind turbines, in particular. To assist in resolving this tension, a framework is proposed to negotiate the positioning of these wind turbines by involving citizens and federal-state-local partnerships at various stages of the process.
February 8, 2012
The author examines the tension between the global concern of developing more environmentally friendly and sustainable forms of energy production and the more local concern of determining where to place new forms of energy infrastructure - wind turbines, in particular. To assist in resolving this tension, a framework is proposed to negotiate the positioning of these wind turbines by involving citizens and federal-state-local partnerships at various stages of the process.
The Enforcement and Annulment of International Arbitration Awards in Indonesia
February 8, 2012
The author argues that the Jakarta Central District Court vacating an international commercial arbitration award against an Indonesian oil company violates the spirit and letter of the New York Convention. As a result, predictability and stability in enforcing arbitration awards is harmed while the international reputation of the oil company is damaged. Unless Indonesia reforms its arbitration laws, it will lose to the competition in attracting foreign investments.
February 8, 2012
The author argues that the Jakarta Central District Court vacating an international commercial arbitration award against an Indonesian oil company violates the spirit and letter of the New York Convention. As a result, predictability and stability in enforcing arbitration awards is harmed while the international reputation of the oil company is damaged. Unless Indonesia reforms its arbitration laws, it will lose to the competition in attracting foreign investments.
Just Say No: Minimizing Limited Authority Negotiating in Court- Mandate Mediation
February 8, 2012
The article looks into the use of limited authority statements by attorneys in court-mandated mediation. Peters suggests that attorneys do more research and preparation prior to the mediation so that they can resolve issues rather than claim that they do not have authority to advocate certain aspects of the dispute.
February 8, 2012
The article looks into the use of limited authority statements by attorneys in court-mandated mediation. Peters suggests that attorneys do more research and preparation prior to the mediation so that they can resolve issues rather than claim that they do not have authority to advocate certain aspects of the dispute.
Alternative Dispute Resolution in Sports Facility Leases
February 8, 2012
Sports facility leases often include provisions for ADR processes to resolve landlord-tenant disputes. Greenberg focuses on arbitration because the majority of leases use arbitration as the dispute resolution method of choice. However, he notes that mediation is a growing first-choice method of leasehold dispute resolution.
February 8, 2012
Sports facility leases often include provisions for ADR processes to resolve landlord-tenant disputes. Greenberg focuses on arbitration because the majority of leases use arbitration as the dispute resolution method of choice. However, he notes that mediation is a growing first-choice method of leasehold dispute resolution.
Judging Judges and Dispute Resolution Processes
February 8, 2012
This article critiques Professor Chris Guthrie's lead symposium article entitled, Misjudging. Guthrie's article makes two major arguments. The first is a descriptive, empirical argument that judges are prone to error because of three types of blinders and that people underestimate the amount of such judicial error. The second argument is prescriptive, recommending that, because of these judicial blinders, disputants should consider using non-judicial dispute resolution processes generally, and particularly...
February 8, 2012
This article critiques Professor Chris Guthrie's lead symposium article entitled, Misjudging. Guthrie's article makes two major arguments. The first is a descriptive, empirical argument that judges are prone to error because of three types of blinders and that people underestimate the amount of such judicial error. The second argument is prescriptive, recommending that, because of these judicial blinders, disputants should consider using non-judicial dispute resolution processes generally, and particularly...
The Role of Women in Peacekeeping and Peacemaking: Devising Solutions to the Demand Side of Trafficking
February 8, 2012
This article argues that women's equal participation in all levels of peacemaking and peacekeeping, as required by U.N. Security Council Resolution 1325, is vital to the elimination of trafficking in women and children. This article: describes and analyzes U.N. Security Council Resolution 1325 [which addresses the unequal and detrimental effects of armed conflict on women and children and seeks to foster women's participation in all levels of decision-making in peace processes]; presents the unique,...
February 8, 2012
This article argues that women's equal participation in all levels of peacemaking and peacekeeping, as required by U.N. Security Council Resolution 1325, is vital to the elimination of trafficking in women and children. This article: describes and analyzes U.N. Security Council Resolution 1325 [which addresses the unequal and detrimental effects of armed conflict on women and children and seeks to foster women's participation in all levels of decision-making in peace processes]; presents the unique,...
Colliding Worlds of Dispute Resolution: Towards a Unified Field Theory of ADR
February 8, 2012
This article advocates a unified field theory of ADR by examining the common elements of areas of dispute resolution. The author also describes tensions in the ADR field. The article further describes both the blurring of boundaries that has occurred in the ADR field and the increasing hybridization of processes within the ADR field.
February 8, 2012
This article advocates a unified field theory of ADR by examining the common elements of areas of dispute resolution. The author also describes tensions in the ADR field. The article further describes both the blurring of boundaries that has occurred in the ADR field and the increasing hybridization of processes within the ADR field.
Criminal Law: The Politics of Policing: Ensuring Stakeholder Collaborations in the Federal Reform of Local Law Enforcement Agencies
February 8, 2012
The United State Department of Justice currently uses a strategy to negotiate reform of local law enforcement agencies that excludes important stakeholders. The article argues that the exclusion undermines the legitimacy of reforms and advocates that the DOJ adopt the regulatory negotiation model to police reform.
February 8, 2012
The United State Department of Justice currently uses a strategy to negotiate reform of local law enforcement agencies that excludes important stakeholders. The article argues that the exclusion undermines the legitimacy of reforms and advocates that the DOJ adopt the regulatory negotiation model to police reform.
Beyond Apology to Early Non-Judicial Resolution: The MedicOm Program as a Patient Safety-Focused Alternative to Malpractice Litigation
February 8, 2012
The costs of pursuing and defending medical malpractice actions are phenomenal. This article discusses how a Medical Ombuds/Mediator program (MedicOm) offers a system redesign for changing the way that medical malpractice actions and appeals are handled. The program can contribute to a much needed safety system with flexibility and informality to modify its procedures and practices in order to address the specific needs of a given case.
February 8, 2012
The costs of pursuing and defending medical malpractice actions are phenomenal. This article discusses how a Medical Ombuds/Mediator program (MedicOm) offers a system redesign for changing the way that medical malpractice actions and appeals are handled. The program can contribute to a much needed safety system with flexibility and informality to modify its procedures and practices in order to address the specific needs of a given case.
