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All articles tagged '"United States"'
84 articles found
Use and Perception of International Commercial Mediation and Conciliation
By Beth Graham - November 26, 2014
Professor S.I. Strong, Associate Professor at the University of Missouri School of Law has published “Use and Perception of International Commercial Mediation and Conciliation: A Preliminary Report on Issues Relating to the Proposed UNCITRAL Convention on International Commercial Mediation and Conciliation,” University of Missouri School of Law Legal Studies Research Paper No. 2014-28.
Part Four: Arbitration in Evolution
By Beth Graham - November 24, 2014
This is the final installment in Disputing‘s series focused on sections of a research paper entitled, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich. The article fully analyzes the data obtained in a groundbreaking 2013 survey regarding commercial arbitration pr
Part Two: Reflections on the State and Future of Commercial Arbitration
By Beth Graham - November 7, 2014
In Part One of this series, Disputing highlighted a portion of Pepperdine University School of Law Professor Thomas Stipanowich’s research paper entitled “Reflections on the State and Future of Commercial Arbitration: Challenges, Opportunities, Proposals.” In the article, along with its companion piece, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” which was coauthored by Straus Institute for Dispute
One-Third of Online Retailers in the U.S. Now Require Consumer Arbitration or Restrict Class-Action Lawsuits
By Beth Graham - October 29, 2014
Online retailers in the United States are increasingly requiring consumers to arbitrate disputes through their terms-of-service rules. According to an article recently published in a New York Times blog, the Upshot, approximately one-third of the top 200 retail websites operating in the U.S. now uses clickwrap or browsewrap agreements to ban class action lawsuits or to require arbitration of consumer disputes.
Summary of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution (Part II)
By Renee Kolar - August 27, 2014
In Part II of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Professor Stipanowich discusses which of the dispute resolution methods from the end of the twentieth century are still used today and describes the current situation of dispute resolution in the construction industry.
Mediator Ethical Breaches: Implications for Public Policy
By Beth Graham - August 11, 2014
Hamline University School of Law Professor Sharon Press has published Mediator Ethical Breaches: Implications for Public Policy, Penn State Yearbook on Arbitration and Mediation, Vol. 6, p. 107 (2014).
U.S. Proposes Convention to Enforce Mediated Settlements to UNCITRAL
By Beth Graham - July 20, 2014
Earlier this month, the United Nations Commission on International Trade Law (UNCITRAL) approved its draft UNCITRAL Convention on transparency in treaty-based investor-State arbitration at its 47th session in New York City.
International Academy of Mediators (IAM) / Straus Institute Survey on Mediator Practices and Perceptions
By Thomas J. Stipanowich - July 16, 2014
The IAM-Straus Institute Survey on Mediator Practices and Perceptions, was conducted in the spring of 2014 and is one of the three recent surveys carried out by the Straus Institute under the umbrella of the Theory-to-Practice Research Project. It was facilitated by a grant from the IAM.
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.
Parallel Justice: Creating Causes of Action for Mandatory Mediation
By Beth Graham - June 18, 2014
Hamline University School of Law Professor Marie A. Failinger has authored Parallel Justice: Creating Causes of Action for Mandatory Mediation, University of Michigan Journal of Law Reform, Vol. 47, p. 359 (2014 Forthcoming).
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