References
Globalization in Collective Bargaining, Baseball, and Matsuzaka: Labor and Antitrust Law on the Diamond
February 8, 2012
While focused on major league baseball, this article discusses international collective bargaining and negotiation over player contracts, mostly that of Japanese player Daisuke Dice-K Matsuzaka. The author discusses the use of collective bargaining and negotiation.
February 8, 2012
While focused on major league baseball, this article discusses international collective bargaining and negotiation over player contracts, mostly that of Japanese player Daisuke Dice-K Matsuzaka. The author discusses the use of collective bargaining and negotiation.
Using Collateral Estoppel After Arbitration
February 8, 2012
This practice tip discusses the difficulties that can arise when asserting collateral estoppel based on the outcome of an arbitration. There are exceptions to the general rule and this article explores how those exceptions apply to third parties.
February 8, 2012
This practice tip discusses the difficulties that can arise when asserting collateral estoppel based on the outcome of an arbitration. There are exceptions to the general rule and this article explores how those exceptions apply to third parties.
Improving Asylum-Seeker Credibility Determinations: Introducing Appropriate Dispute Resolution Techniques into the ProcesS
February 8, 2012
This note addresses the problems associated with asylum hearings, particularly with defensive applications that are offered to an immigration court where a credibility determination is made. Credibility determinations are fraught with errors, inconsistencies and lack of fairness. The author argues how and why ADR techniques would better suited for asylum credibility determinations.
February 8, 2012
This note addresses the problems associated with asylum hearings, particularly with defensive applications that are offered to an immigration court where a credibility determination is made. Credibility determinations are fraught with errors, inconsistencies and lack of fairness. The author argues how and why ADR techniques would better suited for asylum credibility determinations.
Argumentation in Dispute Mediation: A Reasonable Way to Handle Conflict
February 8, 2012
This book focuses primarily on how argumentation is a critical aspect in the context of mediation. It not only highlights the real world context that argumentation in mediation can foster better outcomes. The book is from the point of view of a mediator and is intended to foster a mediator's perception of argumentation during conflict.
February 8, 2012
This book focuses primarily on how argumentation is a critical aspect in the context of mediation. It not only highlights the real world context that argumentation in mediation can foster better outcomes. The book is from the point of view of a mediator and is intended to foster a mediator's perception of argumentation during conflict.
Building Agreement: Using Emotions As You Negotiate
February 8, 2012
This book addresses the emotions and relationships inevitably involved in negotiation. By identifying the five core concerns that stimulate emotionappreciation, affiliation, autonomy, statuts, and role-the authors explain how to control and leverage emotion.
February 8, 2012
This book addresses the emotions and relationships inevitably involved in negotiation. By identifying the five core concerns that stimulate emotionappreciation, affiliation, autonomy, statuts, and role-the authors explain how to control and leverage emotion.
The Global Dimension of the Current Economic Crisis and the Benefits of Alternative Dispute Resolution
February 8, 2012
This article notes the internationalization of commerce since WWII, in particular focusing on the impacts of the recent economic downturn on international trade. One result, the article notes, has been an increase in contract disputes for non-performance. As litigating these disputes has gotten more complex and expensive, the author recommends various ADR techniques for more efficient dispute resolution.
February 8, 2012
This article notes the internationalization of commerce since WWII, in particular focusing on the impacts of the recent economic downturn on international trade. One result, the article notes, has been an increase in contract disputes for non-performance. As litigating these disputes has gotten more complex and expensive, the author recommends various ADR techniques for more efficient dispute resolution.
The Loss Mitigation Program Procedures for the United States Bankruptcy Court for the Southern District of New York
February 8, 2012
This article explains the Loss Mitigation Program created by the Bankruptcy Court for the Southern District of New York. The Bankruptcy Court created this program, whose main feature is forced communication between the parties, in an effort to deal with the explosion of bankruptcy litigation. The article discusses basic bankruptcy principles and the recent housing crisis, before detailing the legal basis for the court-ordered mediation program, its development, and its relative strengths.
February 8, 2012
This article explains the Loss Mitigation Program created by the Bankruptcy Court for the Southern District of New York. The Bankruptcy Court created this program, whose main feature is forced communication between the parties, in an effort to deal with the explosion of bankruptcy litigation. The article discusses basic bankruptcy principles and the recent housing crisis, before detailing the legal basis for the court-ordered mediation program, its development, and its relative strengths.
Vacating Arbitration Awards for Mistakes of Fact
February 8, 2012
This article examines situations where a defeated party seeks to vacate an arbitration award due to mistake of fact. It compares and contrasts various international systems for reviewing arbitration awards.
February 8, 2012
This article examines situations where a defeated party seeks to vacate an arbitration award due to mistake of fact. It compares and contrasts various international systems for reviewing arbitration awards.
Dispensing Injustice: Stolt-Nielsen and Its Implications
February 8, 2012
This article discusses the implications of the Supreme Court's holding in Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., particularly focusing on potential effects of the case in the consumer context. The article argues that Congress should enact the Arbitration Fairness Act in response to concerns that an extension of the Stolt-Nielsen holding would allow corporations to enjoy immunity in consumer disputes.
February 8, 2012
This article discusses the implications of the Supreme Court's holding in Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp., particularly focusing on potential effects of the case in the consumer context. The article argues that Congress should enact the Arbitration Fairness Act in response to concerns that an extension of the Stolt-Nielsen holding would allow corporations to enjoy immunity in consumer disputes.
