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Archived articles from July 2014
18 articles found
The Settlement Drift, Part II
By Jeffrey Krivis - July 15, 2014
The dilution of the process by mandatory mediation programs. The institutionalization of mediation into court programs has resulted in way too many cases going to mediation that did not belong in that process in the first place. Why?
College of Commercial Arbitrators (CCA) / Straus Institute for Dispute Resolution Survey on Arbitration Practice (Fall 2013)
By Thomas J. Stipanowich - July 14, 2014
The CCA-Straus Institute Survey on Arbitration Practice, one of the Straus Institute’s three recent surveys under the Theory-to-Practice Research Project, consisted of 65 multiple-choice and short-answer questions on respondents’ arbitration experiences and opinions on arbitration practices and the future of the arbitration field-at-large.
The Settlement Drift, Part I
By Jeffrey Krivis - July 11, 2014
According to commentator Rachel Maddow in her book "Drift," the way the United States goes to war has gradually become more secretive and less democratic. She observes that in the last half century, the decision to go to war has become too easy.
The Straus Institute Theory-to-Practice Research Project
By Thomas J. Stipanowich - July 10, 2014
The Straus Institute’s Theory-to-Practice Research Project was begun in 2013 as an ongoing initiative aimed at expanding our knowledge of dispute resolution practices; understanding the perspectives of mediators, arbitrators, judges, corporate counsel and legal advocates; and garnering other empirical information regarding dispute resolution processes and participants’ judgments, decisions and choices.
Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play
By Beth Graham - July 8, 2014
Thomas J. Stipanowich, Academic Director of the Straus Institute for Dispute Resolution, William H. Webster Chair in Dispute Resolution, and Professor of Law at the Pepperdine University School of Law, and Zachary P. Ulrich, Research Fellow at the Straus Institute for Dispute Resolution, have published Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play, 6 Penn State Yearbook on Arbitration and Mediation 1 (2
U.S. Supreme Court Refuses to Consider Whether Arbitration Agreement Precludes Wrongful Death Case Against Nursing Home
By Beth Graham - July 7, 2014
The United States Supreme Court has reportedly denied a petition asking the court to consider whether an arbitration agreement precludes a wrongful death claim against a nursing home.
California Supreme Court Finally Recognizes Class and Collective Arbitration Waivers
By Beth Graham - July 4, 2014
An interesting case decided by the California Supreme Court overturned the court’s prior holding that class and collective arbitration waivers violate public policy and also recognized that the issue is preempted by the Federal Arbitration Act (FAA).
In-House Conflict Resolution Processes: Health Lawyers as Problem-Solvers
By Beth Graham - July 1, 2014
Professor E. H. Morreim, University of Tennessee Health Science Center- College of Medicine, Department of Internal Medicine, has published a timely article entitled, In-House Conflict Resolution Processes: Health Lawyers as Problem-Solvers, The Health Lawyer 2014; 25(3): 10-14.
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