Upcoming Events

Symposium on Dispute Resolution in Special Education

Thursday, February 27, 2014
2:00 – 5:00 PM | Barrister Club

Friday, February 28, 2014
8:00 AM – 4:00 PM | Ohio Union

 

146 – Organization Policies and Rules

ARTICLES

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
 
Edward Brunet, Reevaluating Complex Mediation Generalizations, 18 Conn. Ins. L.J. 279 (2012).
The fundamental theme of this article is that generalizations regarding complex mediation and lawsuits are myths.  By exploring expertise, confidentiality, trust, and a defense/plaintiff parable myth, Edward Brunet finds the beginning of an era where plaintiff collaboration is becoming necessary in order to find success.
{21} MEDIATION—GENERAL
{73} SUBJECT MATTER: GENERAL
{146} ORGANIZATION POLICIES & RULES
 
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
 
Eric Koplowitz, Note, I Didn’t Agree to Arbitrate That! – How Courts Determine If Employees’ Sexual Assault and Sexual Harassment Claims Fall Within the Scope of Broad Mandatory Arbitration Clauses, 13 Cardozo J. Conflict Resol. 565 (2012).
This note looks at how courts determine if sexual assault and sexual harassment claims by employees against their employer are within the scope of broad mandatory arbitration clauses. The court found that such claims were arbitrable because the broad arbitration clauses in the agreements extend to claims that touch matters within the employment context.
{44} ARBITRATION—GENERAL
{93} SUBJ MATTER: LABOR—GENERAL
{146} ORGANIZATION POLICIES & RULES
 
Meredith Kolsky Lewis, Dissent as Dialectic: Horizontal and Vertical Disagreement in WTO Dispute Settlement, 48 Stan. J. Int’l L. 1 (2012)
This article discusses the utility of dissents in dispute settlement generally and goes on to develop a theory of dissent in the World Trade Organization context. The author explains the structure of WTO dispute settlement with a focus on the unique attributes and competencies of WTO dispute settlement panels. The author applies a dialectic framework to both horizontal and vertical disagreements in WTO dispute settlement.
{60} ADR—GENERAL
{92} SUBJ MATTER: INT’L
{146} ORGANIZATION POLICIES & RULES
 
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
 
Bernie Mayer, What We Talk About When We Talk About Neutrality: A Commentary on the Susskind-Stulberg Debate, 2011 Edition, 95 Marq. L. Rev. 859 (2012)
The author offers a different perspective on the vaunted Susskind-Stulburg debate on mediator neutrality – that it is truly a discussion of identity.  Mayer discusses the purpose and impact of mediators, and the difference between what mediators offer and what clients want or claim to want, in the ongoing evolution of the concept and role of mediator neutrality.
{21} MEDIATION—GENERAL
{138} ETHICS: GENERAL
{146} ORGANIZATION POLICIES & RULES
 
Elliot Patterson Saccucci, Revisiting the NHL Collective Bargaining Agreement: Undermining the Spirit of the Cap, Implications to the Agent, and Prospective Remedies for the League’s Consideration, 19 Sports Law. J. 145 (2012)
This article discusses collective bargaining in the NHL and the representatives athletes rely on to bridge the gap in sophisticated professional sports. The article examines the motivations for crafting the NHL’s collective bargaining agreement and  the roles of agents as negotiating fiduciaries for players. The author suggests ways the NHL may modify the next collective bargaining agreement to uphold the concurrent goals of various players in the negotiation process.
{1} NEGOTIATION—GENERAL
{107} SUBJ MATTER: SPORTS & ENTERTAINMENT
{146} ORGANIZATION POLICIES & RULES

Joseph B. Stulberg, Must a Mediator Be Neutral? You’d Better Believe It!, 95 Marq. L. Rev. 829 (2012)
The author posits that not only should mediators be neutral, because mediation is a justice event, but that empirically they are capable of doing so as well.  He discusses objectivity, impartiality, process, structure, and justice as elements of the ideal of mediator neutrality.
{21} MEDIATION—GENERAL
{138} ETHICS:GENERAL
{146} ORGANIZATION POLICIES & RULES

Symposium, The Future of Court ADR: Mediation & Beyond, Core Values of Dispute Resolution: Is Neutrality Necessary?, 95 Marq. L. Rev. 805 (2012)
This summarizes a panel in which John Lande moderates a look back at and discussion of a prior debate between Larry Susskind and Josh Stulberg, with Bernie Mayer’s opinion added to the mix.  Addressed are the role and responsibilities of a mediators, including neutrality and fairness, and their relative import.
{21} MEDIATION—GENERAL
{138} ETHICS: GENERAL
{146} ORGANIZATION POLICIES & RULES

Michael Wilson, Note, The Enron v. Argentina Annulment Decision: Moving a Bishop Vertically in the Precarious ICSID System, 43 U. Miami Inter-Am. L. Rev. 347 (2012).
This note describes a decision of the International Centre for Settlements of Investment Disputes (ICSID) in applying its annulment doctrine. Noting that ICSID’s annulment committee may have exceeded its authority, the writer argues that the committee’s holding was nevertheless justified, laudable, and critically important in delineating ICSID jurisprudence.
{44} ARBITRATION—GENERAL
{75} SUBJ MATTER: COMMERCIAL
{92} SUBJ MATTER: INT’L
{146} ORGANIZATION POLICIES & RULES

BOOKS

Peter Kantor, CCMA: A Commentary on the Rules (3d ed. March 2012)
This book is a guide to the Rules of the Commission for Conciliation, Mediation, and Arbitration (CCMA) that reproduces the newly published Guidelines on Misconduct Arbitrations in terms of the labor relations and updates the useful law and commentary on the rules. The book also includes a useful Practical Guide for an Unfair Dismissal Claim in the CCMA. Each rule is fully reproduced and explained in non-technical language, making it an accessible guideline.
{60} ADR—GENERAL
{93} SUBJ MATTER: LABOR—GENERAL
{146} ORGANZATION POLICIES & RULES
 
Christina J. Schneider, Conflict, Negotiation and European Union Enlargement (2012).
This work critiques current theories of European Union enlargement for ignoring how European Union members and potential members negotiate the distribution of benefits and costs arising from enlargement. The author argues that European Union enlargement happens despite distributional conflicts if the overall gains of enlargement are redistributed from the relative winners among existing members and applicants to the relative losers.
{1} NEGOTIATION—GENERAL
{92} SUBJ MATTER: INT’L
{146} ORGANIZATION POLICIES & RULES