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. 62, No. 1, February-April

10 Tips for BEGINNING PRACTITIONERS from AN ICDR CASE MANAGER
Practical pointers for attorneys new to the field of international arbitration from a case manager's point of view.Whether you are a new or seasoned attorney recently introduced to the en vogue dispute resolution realm of arbitration, it is important...
AAA Files Amicus Brief in Collateral Attack Case
INTERNATIONAL DEVELOPMENTSOn Jan. 17, 2007, the American Arbitration Association and the Swiss Arbitration Association jointly filed an amicus curaie (friend of the court) brief in Gulf Petro Trading Co. v. Nigerian National Petroleum Corp. et al., a...
A Beautiful Site
From the President of the American Arbitration Association (AAA)Have you seen the newly redesigned AAA website yet? If not, I encourage you to visit www.adr.org to navigate our new digital landscape and sample the significant improvements to format,...
An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts (Third Edition)
An International Restatement of Contract Law: The UNIDROIT Principles of International Commercial Contracts (Third Edition). By Michael Joachim Bonell. Ardsley, N.Y.: Transnational Publishers Inc. (www.transnationalpubs.com), 2005. Hardcover. $135. 704...
A Practice-Oriented Guide to Commercial Dispute Resolution in Germany
A Practice-Oriented Guide to Commercial Dispute Resolution in Germany Commercial Dispute Resolution in Germany - Litigation Arbitration Mediation By Stefan Rützel, Gerhard Wegen, and Stephan Wilske. Verlag C.H. Munchen 2005 (kundenservice@beck-shop.de...
Arbitrability of Withdrawal Liability
MULTIEMPLOYER PENSION PLANSThe 4th Circuit ruled that under the Multiemployer Pension Plan Amendments Act, amending the 1980 (MPPAA) Employee Retirement Income Security Act of 1974, all disputes over pension liability when a company withdraws from a...
AT THE FOREFRONT OF ODR: Recent Developments at the AAA
Online technology and ODR (online dispute resolution) are vital to providers of alternative dispute resolution (ADR), the former because it has the capacity to increase knowledge of ADR and the latter because it can increase the efficiency and effectiveness...
California: Mediation, Arbitration
STATE COURT DEVELOPMENTSSection 1123 of California's evidence rules contains an exception from mediation confidentiality for settlement agreements, signed by all parties to the mediation, that specify that they are enforceable or binding or contain "words...
CBA Time Bar Is Substantive Unconscionability Issue for the Court
Despite "serious misgivings," the 6th Circuit said it was constrained to follow a 1988 decision holding that whether an express time-limitation in a collective bargaining agreement prohibits arbitration of untimely grievance appeals is a question of...
Changes to Securities Arbitration Approved
The SEC recently approved a number of changes to the New York Stock Exchange and National Association of Securities Dealers arbitration procedures.On Dec. 11, 2006, the SEC approved a proposal to expand the use of the "random list arbitrator selection...
Class Arbitration Waivers: The "Severability" Doctrine and Its Consequences
Cases continue to come out of the issue of classwide arbitration waivers. The author examines the 1st Circuit's most recent decision on this issue, discusses its implications for practitioners and offers some drafting tips.Whether parties can be forced...
Cross-Examination in International Arbitration
It is vital to know how to crossexamine a witness in arbitration. An experienced practitioner discusses the risks of cross-examination and techniques you can use in your international arbitration practice.When it comes to cross-examination, Law and Order's...
Due Process: Laws May Vary but the Principles Are Universal
Due Process: Laws May Vary but the Principles Are Universal Due Process in International Commercial Arbitration. By Matti S. Kurkela. Dobbs Ferry, New York: Oceana Publications (www.oceanalaw.com) 2005. Hardcover. 485 pages. $150.International commercial...
Forum Selection for Resolution of Foreign Investment Disputes in China
In the event of a conflict between parties to a joint venture in China, negotiation and mediation ordinarily offer the best hope for reaching a solution quickly without high costs. If these methods fail, a choice must be made between arbitration or litigation....
Franchisee's Unconscionability Claims in Court's Hands
FEDERAL DEVELOPMENTSOn Dec. 4, 2006, the 9th Circuit ruled en banc in Nagrampa v. MailCoups (469 F.3d 1257), that where no claim threatens to invalidate or otherwise directly affect the entire contract, courts must initially determine whether an arbitration...
Impartiality V. Substantive Neutrality: Is the Mediator Authorized to Provide Legal Advice?
Current views of mediation, the mission of the mediator and the debate over mediators providing legal advice.A sine qua non of alternative dispute resolution (ADR) is the parties' right to self-determination, which in mediation involves the ability to...
IRS Arbitration Program Becomes Permanent
The IRS announced in Revenue Procedure 2006-44, dated Oct. 30, 2006, that its tax appeals pilot arbitration program has been made permanent.Cases are eligible for the program if settlement discussions have faltered, or the only issues in dispute are...
Making Enemies: Humiliation and International Conflict
Making Enemies: Humiliation and International Conflict. By Evelin Lindner. West Port, Conn.: Praeger Security International, an imprint of Greenwood Publishing Group (www.praeger.com), 2006. Hardcover. $49.95. 248 pages.When the statue of Saddam Hussein...
Mediating Regulatory Disputes Involving Licensed Professionals: The Connecticut Department of Public Health's Experiment
The Connecticut Department of Public Health experimented with the use of mediation to resolve an intractable dispute pitting several medical specialties against dental surgeons. Find out how this experiment turned out.It is hard to find information about...
Nine Ways to Develop Self-Mastery in Facilitation
Nine Ways to Develop Self-Mastery in Facilitation The 9 Disciplines of a Facilitator By Jon C. Jenkins and Maureen R. Jenkins. San Francisco: Jossey-Bass, a Wiley imprint (www.josseybass.com), 2006. Hardcover. $40. 320 pages.The term "discipline" as...
Post-Confirmation Supplemental Judgment Awarding Damages
ENTERTAINMENTThe 2nd Circuit held that district courts have authority under Federal Rule of Civil Procedure 60(a) to issue a supplemental judgment determining the amount due to a prevailing party after the arbitration award is confirmed in full but where...
Review of Withdrawn Arbitral Award
AUTOMOBILE ACCIDENTThe New Hampshire Supreme Court held that trial courts have authority to review a panel's decision to withdraw an arbitral award based on a conflict of interest, since state arbitration law gives the court jurisdiction to review "final...
Rights of Third-Parties before RLA Public Law Board
LABORThe 7th Circuit held that the plain language of the Railway Labor Act, which contemplates public law boards made up of two partisan members and one neutral arbitrator, and other interested parties participating as advocates at the hearings, does...
State of the Right to Unionize
State of the Right to Unionize Justice on the Job: Perspectives on the Erosion of Collective Bargaining in the United States. Edited by Richard N. Block, Sheldon Friedman, Michelle Kaminski, and Andy Levin. Kalamazoo, Mich.: W.E. Upjohn Institute for...
The Art of Attorney Mediation: 10 Ways to Improve Your Law Practice Using Negotiation Skills
Mastering basic mediation skills can take your practice to the next level. Philosophically, litigation and mediation seem worlds apart. While both are forms of conflict resolution that involve an outside party, the outcomes differ wildly. The results...
The Mediator as Storyteller
The Mediator as Storyteller Improvisational Negotiation: A Mediator's Stories of Conflict About Love, Money, Anger, and the Strategies that Resolved Them By Jeffrey Krivis. San Francisco: Jossey-Bass, a Wiley imprint (www.josseybass.com), 2006. Hardcover....
The Promise of ADR in Healthcare Disputes
Over the past several decades, few issues have received as much attention as those involving healthcare.* Healthcare is big business in the United States and internationally. Healthcare expenditures in this country alone are measured in the trillions...
Time Limitation on Issuance of Award
EMPLOYMENTThe Colorado Court of Appeals held that the trial court improperly disregarded the arbitrator's factual findings when it determined that an interim arbitration award was void because a final award resolving all the claims had not been issued...
USING Experts IN ARBITRATION
The evidentiary rules and discovery requirments in arbitration are far less onerous than in a courtroom. As a result, lawyers who represent parties in arbitration have more opportunities to use and present expert evidence. This article addresses some...
Vacatur Not Warranted for Undisclosed Trivial Past Association
ETHICS IN ARBITRATIONBut Guidance for Other Transactions Is LackingOn Jan. 18, 2007, an 11-5 majority of the 5th Circuit reversed itself and, in an eagerly anticipated decision, ruled en banc that the "extreme remedy" of vacatur for "evident partiality"...
What's New in European Arbitration?
The View from EUROPERecent Decisions by National CourtsEngland: Residual Appellate Jurisdiction, In AstraZeneca Insurance v CGU International Insurance [2006] All ER (D) 176 (Oct.), the English Court of Appeal clarified the scope of its residual jurisdiction...
Who Decides Res Judicata Issues?
PUBLIC CONSTRUCTIONCourts have jurisdiction to review motions to compel additional arbitration where res judicata is an issue, the Georgia Supreme Court recently ruled. The exception is when the parties' arbitration agreement grants arbitrators the authority...