TITLE

CONTROL OVER DISPUTE-SYSTEM DESIGN AND MANDATORY COMMERCIAL ARBITRATION

AUTHOR(S)
Bingham, Lisa B.
PUB. DATE
January 2004
SOURCE
Law & Contemporary Problems;Winter/Spring2004, Vol. 67 Issue 1/2, p221
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Examines the design of the dispute-resolution system and mandatory commercial arbitration in the U.S. Focus of the discussions of self-determination in appropriate or alternative dispute resolution on the disputants' control over the process and outcome in the particular dispute; Focus of mediator ethics codes on mediators' obligation not to coerce parties to agree to a particular settlement; Ethical obligations of provider obligations.
ACCESSION #
14726641

 

Related Articles

  • Resolving business disputes through mediation and arbitration. Berman, Peter J. // CPA Journal;Nov94, Vol. 64 Issue 11, p74 

    Discusses various alternative methods for resolution of business disputes. Mediation; Arbitration; Hybrid forms of alternative dispute resolution; Mediation/arbitration; Baseball arbitration; Agreements concerning the amount of damages; Minitrials.

  • What Your Client Needs To Know About ADR. Phillips, Gerald F. // Dispute Resolution Journal;Feb-Apr2000, Vol. 55 Issue 1, p64 

    Outlines the benefits of suggesting mediation and arbitration as alternatives to litigation and investigates the liability of attorneys in failure to inform clients about alternative dispute resolution (ADR) processes. Discussion on mediation and arbitration process; Effectiveness of mediation...

  • Staying out of the courtroom by implementing ADR procedures. Lewis, Robert // Journal of Alternative Dispute Resolution in Employment;Winter2000, Vol. 2 Issue 4, p32 

    Discusses the trend in the United States toward the implementation of alternative dispute resolution (ADR) procedures including mediation and arbitration to resolve disputes quickly and efficiently outside the courtroom. Mediation of employment claims; Mandatory pre-dispute arbitration; Examples...

  • NAMING THE GAME Should Mediation Wear the ADR Label? Marshall, Carol J. // Dispute Resolution Journal;May-Jun2002, Vol. 57 Issue 2, p33 

    Presents an article on mediation. Differences between arbitration and mediation; Concept of alternative dispute resolution; Powers of a mediator.

  • Arbitrators and mediators help resolve contract disputes. Lockwood, Henry // Caribbean Business;8/29/1996, Vol. 24 Issue 34, pS11 

    Discusses the use of alternative dispute resolutions (ADR) to resolve labor differences. Difference between the arbitration and mediation process; Advantages of mediation as a way to settle disputes; Steps in a typical mediation process.

  • The middle man. Mulcachy, Carol // Lawyer;4/7/2003, Vol. 17 Issue 14, p25 

    Discusses the reason why mediator-arbitrators are not used for dispute resolution in Great Britain. Adoption of a facilitative mediation; Use of caucusing in the arbitration process; Implication of disclosing information to the mediator; Suggested modifications in the mediation-arbitration process.

  • Why not talk it through over coffee? Bowman, Stephen; Richard, Jennifer // Estates Gazette;10/26/2002, Issue 243, p198 

    Discusses the use of early neutral evaluation (ENE) as an alternative method of dispute resolution. Difference of the ENE method from arbitration, adjudication and mediation; Details of how ENE works; Steps in the ENE process; Key features of an ENE agreement.

  • Alternate dispute resolution. Hawkins, Gregory P.; Hawkins, Claude T. // American Nurseryman;9/1/93, Vol. 178 Issue 5, p75 

    Discusses alternate dispute resolution as a process for settling legal disputes without resorting to litigation. Mediation; Role of the mediator; Speed of mediation; Abitration; Contract provisions. INSET: A historical perspective..

  • Resolution Seeks "Good Faith" Criteria.  // Dispute Resolution Journal;Nov2004-Jan2005, Vol. 59 Issue 4, p6 

    This article reports that the American Bar Association Section of Dispute Resolution (DR) wants the courts to set criteria for evaluating good faith participation in mediation. A formal resolution adopted by the Section's policy group warned that subjective evaluations of good faith...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics