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. 64, No. 3, August-October

10 MAJOR ARBITRATION ISSUES: Recently Addressed by Courts
Practical Tips for the Arbitrator, Practitioner and Contract DrafterParties increasingly turn to arbitration for the resolution of business disputes- with positive results, including less adversarial relationships, faster decisions and lower dispute...
AAA Calls for Reform of Debt Collection Arbitration
AAA NEWSOn July 23, 2009, the American Arbitration Association (AAA) recommended to a House subcommittee that the process surrounding consumer debt collection arbitration needs major reform and suggested that a national policy committee be formed to...
AAA Files Amicus Brief in Stolt-Nielsen
U.S. SUPREME COURT DEVELOPMENTSThe American Arbitration Association (AAA) has filed an amicus curiae brief in Stolt- Nielsen S.A. v. AnimalFeeds International Corp., a case pending before the U.S. Supreme Court, in order to share its experience in administering...
AAA Handbooks
The AAA Handbooks assemble from the Dispute Resolution Journal-the flagship publication of the AAA-and other sources, the leading professional writing in areas in which arbitration and ADR are likely to apply. These 300-page hardcover volumes provide...
AAA Library & Information Center Reborn
From the President of the American Arbitration Association (AAA)September 24th marked the official dedication of the AAA Dispute Resolution Collection at the Pepperdine Law School Library in Malibu, California. The festivities completed a transition...
ABA Adopts Int'l Arb Policy
Aat its 2009 Annual Meeting in Chicago, which took place at the end of August, the American Bar Association's (ABA) House of Delegates adopted recommendations to support the use of international arbitration for commercial disputes, support the enforcementof...
ADR Lessons from the European Energy Industry
ADR Lessons from the European Energy Industry Alternative Dispute Resolution in the Energy Sector Edited by the Association for International Arbitration. Antwerpen, Belgium: Maklu Publishers, 2009. Softcover. $50. 156 pages. In the U.S., the book is...
Applying Principles of Leadership Communication to Improve Mediation Outcomes
This article suggests that mediators should develop leadership abilities and an understanding of human behavior in order to work productively with difficult parties. Mediators need to understand why parties and counsel behave as they do in mediated negotiations-...
A Preliminary Hearing Is Not Enough: Tips for a Well-Managed Arbitration
Guidance for arbitrators, attorneys and parties on how to conduct an orderly arbitration.A preliminary hearing is a required first step in most arbitrations to ensure that the process is orderly and efficient. This hearing, however, is not enough to...
Book Turns Spotlight on International Investment Arbitration
Book Turns Spotlight on International Investment Arbitration Appeals Mechanism in International Investment Disputes Edited by Karl P. Sauvant with Michael Chiswick-Patterson. New York City: Oxford University Press (www.oup.com/us), 2008. Hardcover. $150....
Constructing the Construction Case: Tips, Traps and Tricks
Humpty Dumpty sat on a wall,Humpty Dumpty had a great fall.All the king's horses,And all the king's men,Couldn't put Humpty together again.Nothing in the nursery rhyme states that Humpty Dumpty was an egg or that the wall was in danger of collapse.1...
DOs and DON'Ts for Attorneys Representing Clients in Mediation
How do you know if mediation is appropriate for your client? How do you prepare yourself and your client for mediation? A mediator and former litigator offers 11 practical tips for attorneys who represent clients in mediation or are contemplating doing...
Employment Arbitration: Empirical Findings and Research Needs
Some 18 years ago the Supreme Court's Gilmer decision1 ushered in the modern era in employment arbitration. The subsequent Circuit City case2 decided by the Supreme Court interpreted the employment exclusion in Section 1 of the Federal Arbitration Act...
How Recent Court Developments Could Affect Arbitration's Future: From Hall Street to Stolt-Nielson to Anti-Arbitration Legislative Proposals
How court decisions could affect efforts to persuade Congress to respond to political pressure to change the landscape of employment and consumer arbitration.The Supreme Court reinforced the longstanding policy in favor of arbitration in Hall Street...
How Turkey's Abkhaz Community Resolves Interpersonal Conflict: AN OBSERVATIONAL STUDY
It is important to learn how different cultures resolve interpersonal conflicts in order to increase our understanding of these cultures and exchange ideas. This article takes a look at how a community that immigrated to Turkey maintains its traditional...
Introducing the One-on-One Dispute Resolution Process
Introducing the One-on-One Dispute Resolution Process Conflict Coaching: Conflict Management Strategies and Skills for the Individual By Tricia S. Jones and Ross Brinkert. Thousand Oaks, Calif.: Sage Publications Inc. (www.sagepub.com), 2008. Softcover....
Recession-Proof ARBITRATION of the Power of Constraint to Control Time and Costs
The global recession clearly has had a sobering impact on international arbitration. This impact can be met with practical suggestions for saving precious client resources. This article suggests how the proverbial flexibility of arbitration can be used...
Review of Court Decisions
INTERNATIONALWhen Foreign Law AppliesThe 11th Circuit has ruled that an arbitration agreement in a seaman's employment contract that called for arbitration in a foreign country under yet another country's law is against U.S. public policy and can be...
The Cost of Appointing a Retired Judge as an Arbitrator: A Comment on Union of India V. Singh Builders Syndicate
The Supreme Court of India has given a much-deserved boost to institutional arbitration. However, in Union of India v. Singh Builders Syndicate1 the Court alluded to cost problems with the process when it said that it is necessary to find an urgent solution...
The Enforceability of Class Action Waivers in Arbitration Clauses
Employers are increasingly including in their arbitration agreements a provision waiving the right to bring class action claims in arbitration. The case law regarding the enforceability of class action waivers in the employment context is relatively...
The Landscape of Hard Talks
The Landscape of Hard Talks Failure to Communicate: How Conversations Go Wrong and What You Can Do to Right Them By Holly Weeks. Boston: Harvard Business Press (www.harvardbusiness.org/search/), 2008. Hardcover. $24.95. 256 pages.Everyone experiences...
The Role of ADR Professionals in Long-Term Conflicts
The Role of ADR Professionals in Long-Term Conflicts Staying with Conflict: A Strategic Approach to Ongoing Disputes By Bernard Mayer. San Francisco: Jossey-Bass, a Wiley imprint (www.josseybass.com), 2009. Hardcover. $45. 296 pages.Not all conflicts...
What's New in European Arbitration?
INTERNATIONAL DEVELOPMENTSRecent DecisionsBelgium. A recent decision of the Brussels Court of Appeal (Cytec Industrie v. SNF, June 22, 2009, R.G. 2007/AR/1742) has clarified the scope of judicial review of an arbitral award in a setting-aside proceeding...
What the 2nd Circuit Giveth Arbitrators in "Comprehensive Authority," It Taketh Away in Standard of Review
Can a court recognize the broad authority of arbitrators but then usurp that authority by reviewing the award de novo? The author says the 2nd Circuit did exactly that.A recent 2nd Circuit opinion that on its face appears to expand the power of arbitrators...