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. 55, No. 3, August-October

AAA Upgrades Its Voting Capabilities: Advanced Telephone and Online Voting Systems Now Available
American Arbitration Association election clients can now cast votes by calling an automated telephone voting system or by logging on to the Internet. Using advanced computer technology that not only guarantees security protections but provides user-friendly...
ADR Program Checklist
What Government Agencies Need to Know Increasingly, state and local agencies nationwide are learning firsthand the benefits of mediation and other alternative dispute resolution (ADR) programs. As word of ADR's successes spreads, agency heads are thinking...
A Global Perspective
From the President of the American Arbitration Association (AAA) This edition of the Dispute Resolution Journal has a distinct international flavor in anticipation of the American Arbitration Association's participation at the annual meetings of the...
Commercial: Arbitrability and Res Jusicata
The 9th Circuit held that the res judicata effect of a prior arbitration award on a subsequent arbitration is necessarily entwined with the merits and should be determined by the arbitrator. Chiron Corp., a biotechnology company holding patents to certain...
Commerical: 7th Amendment Right to a Jury Trial
A federal district court in New York held that a mandatory arbitration provision in the Minnesota Sales Representative Act was unconstitutional as applied to a foreign corporation that had not agreed to arbitrate because the company was entitled to have...
Contract Disputes: The Role of ADR
The function of law may be described as twofold: first, to regulate the affairs of persons (persons include corporations, societies, individuals, and government); second, to establish within the community a level of moral conduct. The success of law...
Good Negotiators Find a Way to Make the "Pie" Bigger
Beyond Winning: Negotiating to Create Value in Deals and Disputes. By Robert H. Mnookin, Scott R. Peppet, and Andrew S. Tulumello. Cambridge, Mass.: Harvard University Press/Belknap, 2000. Softcover. 368 pp. $28. Negotiation is something that everybody...
Health Care: Waiver
The California Court of Appeal found that a health insurer waived its right to arbitrate by conducting extensive discovery that substantially prejudiced the plaintiffs. The Bermans filed a lawsuit against Health Net and unrelated defendants alleging...
I Don't Trust You, but Why Don't You Trust Me?
Recognizing the Fragility of Trust and its Importance in the Partnering Process Trust has always played an important role in the partnering process-as it has in all business relationships. In the following article, Jeff Busch and Nicole Hantusch break...
International Commercial Arbitration A Process under Review and Change
Many countries are now subjecting their arbitration institutions, too, have revised their rules and who use the process, and also to ensure that In the following article, taken from a speech presented in April, John Beechey looks at the significance...
Internet: Writing Requirement
A district court in Illinois held that an electronic agreement containing an arbitration clause satisfied the "writing" requirement for an enforceable arbitration agreement under the Federal Arbitration Act. Users of Realnetworks, Inc.'s Internet site...
Labor: Statutory Arbitration and Mandatory Bargaining
The District of Columbia Court of Appeals held that the arbitration of statutory claims is not a subject of mandatory collective bargaining. Thus, Northwest Airlines could unilaterally add a provision to its employment contracts with airline-pilot trainees...
Mediator Resumes Now Available Online
AAA LAUNCHES NEW WEB SERVICE Detailed resumes and biographical information for AAA employment and construction mediators are now accessible on the Association's Web site at www.adr.org. This makes it easier for clients to choose the mediator whose background...
Personal Injury: Confidentiality of Mediation
The Supreme Court of Indiana held that a mediator's testimony regarding an alleged oral settlement agreement was confidential and privileged and was not admissible under the state's ADR Rules, which were incorporated into the parties' agreement to mediate....
Revenues and Case Filings Reach Record Levels
1999 was one of the most productive periods in the American Arbitration Association's 73-year history, it was revealed at the AAA annual meeting held at the Plaza Hotel in New York City April 27. William K. Slate II, AAA president and chief executive...
Revised UAA Adopted
The National Conference of Commissioners on Uniform State Laws (NCCUSL) voted overwhelmingly to adopt the Revised Uniform Arbitration Act (RUAA) at its annual meeting in St. Augustine, FL, July 28-Aug. 4. The American Arbitration Association favored...
Shifting Paradigms: The Unauthorized Practice of Law or the Authorized Practice of ADR
The following article is a call to arms against the threat of the "lawyerization" and "parochialization" of alternative dispute resolution practices. Giving detailed examples, John Cooley shows ADR professionals how to defend themselves against the mounting...
Some Analytical Jurisprudence: On Canadian Arbitration Law
Cross-border disputes are increasingly being resolved through the use of alternative dispute resolution. The differing legal systems of countries-and resulting "legal relations" between people-can have a profound effect on bow ADR is administered, says...
Streamlining Arbitration of the Complex Case
As increasing numbers of complex commercial disputes are submitted to arbitration, it becomes imperative that the handling of such cases be cost-effective and expeditious while at the same time achieve a fair and complete hearing that will inspire confidence...
Tales of Arbitration from Ancient Literature
Roman law held that a woman could not be appointed arbitra top classifying her with the mentally and physically disabled. Have you heard of the "Spartan way" of arbitrating disputes? The Greek biographer and philosopher Plutarch once told the story of...
The Gathering Storm of Mediator & Arbitrator Liability
Because of the nature of ADR, says David Bristow and Jesmond Parke, mediators and arbitrators are increasingly becoming exposed to the risk of liability. In the following article, Bristow and Parke point to the growing "drift towards claims against mediators...
The Rudiments of ADR and the Construction Industry
A Practitioner's Guide to Construction Law. By John G. Cameron Yr. Philadelphia, Pa.: American Law Institute-American Bar Association Committee on Continuing Professional Education, 2000. 744 pp. Loose-leaf binder. $169 plus $6 shipping/handling. (To...
Time Limits for Confirmation of Arbitral Awards in United States Courts
"The confirmation of an arbitration award," says Noah Rubins, "is a summary proceeding that merely makes what is already a final arbitration award a judgment of the court." This may seem like a straightforward concept, but the process itself can be fraught...
WTO & Adr
The following is an extract from the title World Trade Without Barriers: The World Trade Organization (WTO) and Dispute Resolution, published by Michie Butterworth, law publishers, in 1995. Recent decades have seen a rise within the United States of...