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Horizons: Conversations About Future Directions in Dispute Resolution

Friday, January 30,  2015
8:30 AM – 4:00 PM | TBD

 

133 – Court Reforms

ARTICLES

Joshua Baker, Comment, Alternative Dispute Resolution – Tuetken v. Tuetken: Reinforcing the Duty of the Court to Protect the Best Interests of the Child, 42 U. Mem. L. Rev. 831 (2012)

This article opines on the ramifications of the case of Tuetken v.Tuetken.  The author states that the court correctly put the welfare of the child first in domestic disputes, including situations not normally subject to review such as arbitration outcomes.
{44} ARBITRATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{133} COURT REFORMS
 
Yishai Boyarin, Court-Connected ADR – a Time of Crisis, a Time of Change, 95 Marq. L. Rev. 993 (2012)
This article argues dispute resolution, especially in the family connected context, should not sacrifice efficiency for quality. The author argues that the field should construct guidelines, while keeping in mind why and how dispute resolution is practiced.
{60} ADR—GENERAL
{133} COURT REFORMS
{146} ORGANIZATION POLICIES & RULES

Yishai Boyarin, Court-Connected ADR—a Time of Crisis, a Time of Change, 50 Fam. Ct. Rev. 377 (2012).
This article examines ADR programs in courts.  The author discusses various issues with having effective ADR programs and makes suggestions for making ADR programs more effective.
{60} ADR—GENERAL
{73}SUBJ MATTER: GENERAL
{133} COURT REFORMS
 
Lancelot L. Esteibar, Note, To Kill A Mockingbird Mediator?: Assessing the Need for Third-Party Neutrals in Federal Bankruptcy Courts’ Home Foreclosure Avoidance Programs, 13 Cardozo J. Conflict Resol. 527 (2012).
Some courts now offer loss mitigation programs to provide a lender and borrower with a unique opportunity to salvage their existing relationship through structured direct negotiation sessions aimed towards preventing foreclosure. This article analyzes the difference between these loss mitigation initiatives and the traditional court annexed mediation programs that mediators are not required to participate during debtor-creditor negotiations.
{21} MEDIATION—GENERAL
{74.5} SUBJ MATTER: BANKRUPTCY
{133} COURT REFORMS

Stephen E. Friedman, The Lost Controversy Limitation of the Federal Arbitration Act, 46 U. Rich. L. Rev. 1005 (2012).
This article examines courts’ treatment of the controversy limitation of the FAA.  The author concludes courts focus almost entirely on the language of the particular arbitration provision and the competence of arbitrators to resolve various types of disputes instead of the actual language of the FAA.  The author urges a renewed focus on the language of the FAA’s controversy limitation as a means of restoring the balance Congress struck in passing the FAA.
{44} ARBITRATION—GENERAL
{133} COURT REFORMS

Timothy Hedeen, Remodeling the Multi-Door Courthouse to “Fit the Forum to the Folks”: How Screening and Preparation Will Enhance ADR, 95 Marq. L. Rev. 941 (2012)
This author puts forth the argument that the typical courthouse screening process should be designed according to the content of the dispute, or “fitting the forum to the fuss” as he calls it, should be abandoned in favor of “fitting the forum to the people.”  The author also argues that preparation before mediation could increase the quality of mediation and agreements.
{60} ADR—GENERAL
{133} COURT REFORMS
{146} ORGANIZATION POLICIES & RULES

Clare Huntington, Flourishing Families, 50 Fam. Ct. Rev. 273 (2012).
This article discussing shifting the focus of family law from adversarial techniques to alternative dispute resolution to prevent issues from happening.  The author suggests that fostering stronger relationships through alternative dispute resolution will help families solve disputes further down the line.
{60} ADR—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{133} COURT REFORMS
 
Brian S. Kennedy, Note, Moving Away From Certainty: Using Mediation to Avoid Unpredictable Outcomes in Relocation Disputes Involving Joint Physical Custody, 53. B.C. L. Rev. 265 (2012).
This work proposes changes to the current movement of children across state lines and against the interest of one parental party. Specifically, Di Lorenzo suggests that mediation be made a mandatory component of such custody jurisprudence proceedings to better effectuate mutually beneficial outcomes.
{21} MEDIATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{133} COURT REFORMS

Polina Kushelev, Note, An International Approach to Breaking the Core of the Bankruptcy Code and FAA Conflict, 28 Emory Bankr. Dev. J. 355 (2012).
This note discusses the role of arbitration in the context of bankruptcy proceedings. The author proposes that the need for uniformity across all proceedings outweighs the interests of creditors in having all claims in a single, core proceeding. Better results could be achieved by lifting the automatic stay and enforcing arbitration agreements in all bankruptcy proceedings when such agreements exist.
{44} ARBITRATION—GENERAL
{74.5} SUBJ MATTER: BANKRUPTCY
{133} COURT REFORMS
 
Dr. Julie Macfarlane, ADR and the Courts: Renewing Our Commitment to Innovation, 95 Marq. L. Rev. 927 (2012)
This article argues that the dispute resolution field must continually innovate and change to meet the needs of individual disputes. The author argues the field must not surrender to the ease of only using one or two well fleshed out paths.  He draws on his areas of research in Islamic marriage and divorce and pro se litigants to support his thesis.
{60} ADR—GENERAL
{133} COURT REFORMS
{146} ORGANIZATION POLICIES & RULES
 
Lauren K. Williams, Note, The Use of Mediation as a Complement to the Integrated Domestic Violence Courts of New York, 13 Cardozo J. Conflict Resol. 713 (2012).
This note discusses the creation of the New York Integrated Domestic Violence Courts and how they more efficiently and comprehensively address domestic violence cases. The note advocates that mediation would provide benefits to participants that are not available in court proceedings and further discusses the benefits that mediation would provide.
{21} MEDIATION—GENERAL
{110} SUBJ MATTER: TORTS—OTHER
{133} COURT REFORMS

BOOKS

Matt Harvey, Maria Karras & Stephen Parker, Negotiating by the Light of the Law: A Report on the Effect of Law on the Negotiation of Disputes (2012).
This report examines whether increased discretion exercised by judges is conducive to settlement. The researchers contrast examples from family law and contract law.
{1} NEGOTIATION—GENERAL
{73} SUBJ MATTER: GENERAL
{133} COURT REFORMS