Dispute Resolution Journal

A student-edited, semi-annual academic journal published by the School of Law and Center for the Study of Dispute Resolution at the University of Missouri-Columbia. Articles cover all aspects of dispute resolution, including legal proceedings, negotiations, and arbitration.

Articles from Vol. 53, No. 4, November

AAA Argues ADR Shuld Be Voluntary
An American Arbitration executive said in a Association executive committee recent U.S. Senate committee hearing that the AAA believes that any alternative dispute resolution method used in a non-union workplace is most effective when it is voluntary....
AAA Revises Commercial Arbitration Rules
The American Arbitration Association's revised Commercial Arbitration Rules, which will take effect Jan. 1, are designed to enhance the arbitrator's authority to actively manage the proceedings. The amendments also provide-for the first time in any arbitration...
A Book for the International ADR Practitioner
Commercial & Consumer Arbitration: Statutes & Rules. Edited by M.. Chapman. London: Blackstone Press, 1997. Hard cover. 783 pp. $120. M.J. Chapman, a fellow and a panelist of the Chartered Institute of Arbitrators, has compiled an important reference...
ADD: Attention Deficit Disorder of an Arbitrator's Disciplinary Dilemma
Attention Deficit Disorder (ADD) and Attention Deficit Hyperactivity Disorder (ADHD) are bringing a new dimension to labor relations. Arbitrators, employers, union representatives, and employer/union counsel can no longer rely on traditional disciplinary...
An Alternative to the Not-Ready-for-the-Year-2000 Court System
The potential problems for business owners because of so-called Y2K disputes are grave and very broad. The authors here describe the nature of the problems, the litigation options, and the ways in which ADR can come to the rescue. There are a number...
Arbitration of Statutory Claims
Why arbitrate a statutory employment claim? Proponents of ADR point to its speed, economy and informality, benefits buttressed by both court and Congressional support, says H. David Kelly, Jr. The use of arbitration to resolve statutory disputes has,...
Comments on UAA Revisions
The Uniform Arbitration Act (UAA) should continue to support arbitration as a discrete dispute resolution process and a true alternative to litigation, said the American Arbitration Association in comments submitted to a committee drafting revisions...
Compulsory Arbitration as an Ongoing Experiment
Compulsory Arbitration: The Grand Experiment in Employment. By Richard A. Bales. Ithaca, N.Y.: Cornell University Press, 1997. Hardcover. 233 pp. $29.95. Arbitration of employment disputes in the non-union sector has grown dramatically over the past...
Health Care: Applicability of Arbitration Clause
Finding a "patent ambiguity" in an arbitration clause in an employer's group health insurance policy, the Supreme Court of Ohio held that the claims of an insured cancer patient against the insurer for denial of coverage, and her husband's claim for...
Health Care Commission Issues Recommendations
The Commission on Health Care Dispute Resolutionestablished by the nation's leading health, legal, and dispute resolution organizations-has recommended that in disputes involving patients, binding forms of dispute resolution should be used only where...
International: Adjournment under the N.Y. Convention
The 2nd Circuit vacated and remanded for reconsideration a district court's decision not to adjourn arbitral enforcement proceedings under Article VI of the New York Convention, pending the outcome of parallel foreign proceedings. In this case, the plaintiff...
International Arbitration Agreements: A Look Behind the Scenes
Institutional support often plays a vital role in ensuring an efctive arbitration process. At the heart of the administered arbitration process, however, is party autonomy and wellcrafted rules of procedure. When the three elements-the parties, the administering...
Labor and Employment Arbitration: What's Justice Got to Do with It?
A well-designed employment at arbitration system for statutory disputes "can provide the same type and degree of justice to employers and employees as labor arbitration has traditionally provided to parties in contractual disputes," says the author....
Land Development: Scope of Arbitral Authority
An award relieving a party to a promissory note from its payment obligation was binding on the noteholders although they were not parties to the arbitration, the 5th Circuit has ruled. The court reasoned that they were third-party beneficiaries of another...
Mail and Telephone Sales: Enforceability of Arbitration Clause
The arbitration clause in the Gateway 2000 "standard terms and conditions agreement," which is shipped to customers with products ordered by mail or telephone, applied to customer claims that Gateway engaged in deceptive sales practices, the New York...
Mediation Programs for Collegiate Sports Teams
Success in sports requires diverse members of a team to row with the same oar and focus on the "we," rather than the "me." While coaches attempt to teach leadership skills and teamsmanship along with technique, collegiate sports programs are not immune...
Real Estate Partnership: Remedies
An arbitrator did not exceed his authority in issuing an award providing for a mandatory buyout of partnership interests, the Minnesota Court of Appeals held. The case involved a general partnership formed to own and operate a medical office building....
Reducing Violence in U.S. Schools
In Springfield, Oregon, in May, a 15-year-old armed with a semiautomatic rifle begins firing in a crowded high school cafeteria, leaving two students dead and 22 others wounded.' In Arkansas, the police charges that a 13year-old joined with an 11-year-old...
Resolving International Contract Disputes
The author examines the effect the U.N. Convention on Contracts for the International Sale of Goods (CISG) has had on international arbitration. He reviews the general principles of good faith and fairness, and explains how these provide the framework...
Restructuring the Eletrical Utility Industry
America's $250 billion electricity industry is undergoing massive changes. A monopoly for over a century, it is now moving swiftly toward unbridled competition. Several states have already totally deregulated the generation function, such as California...
Securities: Conditions for Evident Partiality
Absent actual knowledge of a real or potential conflict of interest, the 11th Circuit ruled, there was no showing of evident partiality on the part of an arbitrator who was unaware that his employer had past business contacts with a representative of...
The Clubs of London & Paris
Mashaalah Rahnama-Moghadam is associate professor of economics at the Department of Economics dr Geography, Texas Tech University in Lubbock, Texas. David A. Dilts is professor of economics and labor relations at Indiana University in Fort Wayne, Indiana....
The Many Faces of Mediation Confidentiality
Confidentiality is one of the keys to the acceptability, as well as the success, of mediation among parties to a dispute. Yet, state statutes pertaining to such confidentiality remain inconsistent, when they address the issue at all. A model mediation...
Y2K, ADR, Adn AAA
Twenty-first century problems. It's strange, isn't it, to think in terms of difficulties unique to the coming millennium whose solutions are so firmly rooted in 20th century preparation and processes. Who would have thought, 30 years ago, that the bright...
Y2K & ADR: Get Ready for Midnight
With the new millennium looming on the horizon and dire predictions of a worldwide computer crash circulating, it's important for the ADR community to be aware of the issues involved and the role it might play in the near future. The American Arbitration...