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Taxing Employers for Imposing Mandatory Arbitration, Class Action Waiver, and Nondisclosure of Dispute Provisions

Mar 1, 2021 | Article, Dispute Resolution and Arbitration, Feature, Rebecca N. Morrow, Tax

By Rebecca N. Morrow Abstract Employers impose coercive dispute resolution terms on their employees more frequently, more broadly, and with greater legal success than ever before. Recent survey data indicates that mandatory employment arbitration provisions bind more...

Critical Procedure: ADR and the Justices’ “Second Wave” Constriction of Court Access and Claim Development

Dec 1, 2017 | Article, Dispute Resolution and Arbitration, Eric K. Yamamoto

By Eric K. Yamamoto Abstract Expansive alternative dispute resolution (ADR) was the centerpiece of efficiency-based procedural reforms in the 1980s and early 1990s. ADR and other reforms collectively altered the litigation landscape, at times for the better. Yet some...

Does Alternative Dispute Resolution Facilitate Prejudice and Bias? We Still Don’t Know

Dec 1, 2017 | Article, Deborah R. Hensler, Dispute Resolution and Arbitration, Gilat J. Bachar

By Gilat J. Bachar and Deborah R. Hensler Abstract By the time Professor Richard Delgado and his colleagues wrote their seminal article on the risk of alternative dispute resolution (ADR) facilitating prejudice, ADR programs were well-established in the United States,...

Contextual Analysis in Arbitration

Dec 1, 2017 | Article, Dispute Resolution and Arbitration, Pat K. Chew

By Pat K. Chew Abstract The arbitration process is embedded in a much larger context than the four walls in which the arbitration occurs. Exploring and studying that context—including the arbitral institution, the arbitrators, each party, the arbitration process, and...

The Lost Promise of Arbitration

Dec 1, 2017 | Article, Dispute Resolution and Arbitration, Sarah Rudolph Cole

By Sarah Rudolph Cole Abstract This article disputes the notion that arbitration, a historically informal process, tends to disadvantage minority disputants or provide them with quick decisions tainted by prejudice. Responding to Richard Delgado’s seminal...

Do Alternative Dispute Resolution Procedures Disadvantage Women and Minorities?

Dec 1, 2017 | Article, Charles Craver, Civil Rights and Discrimination, Dispute Resolution and Arbitration

By Charles Craver Abstract When different legal controversies arise, parties frequently employ alternative dispute resolution procedures to resolve them. Yet some members of ethnic minority groups and women may seek judicial proceedings out of a concern that their...

Dispute System Design and Bias in Dispute Resolution

Dec 1, 2017 | Alexander B. Avtgis, Article, Dispute Resolution and Arbitration, Lisa Blomgren Amsler, Michael Scott Jackman

By Lisa Blomgren Amsler, Alexander B. Avtgis, and Michael Scott Jackman Abstract This article examines the role of mediator race and gender in perceptions of procedural justice as measure of accountability and representative bureaucracy in a national mediation program...

Alternative Dispute Resolution: A Critical Reconsideration

Sep 1, 2017 | Dispute Resolution and Arbitration, Foreword, Richard Delgado

By Richard Delgado Abstract In 1985, in the pages of Wisconsin Law Review, four co-authors and I warned that alternative dispute resolution (ADR), then a relatively young movement undergoing explosive growth, was likely to disadvantage minorities, women, and members...

The Unbearable Lightness of Alternative Dispute Resolution: Critical Thoughts on Fairness and Formality

Sep 1, 2017 | Article, Dispute Resolution and Arbitration, Richard Delgado

By Richard Delgado Abstract Years ago, I published Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution in Wisconsin Law Review. Arriving in the early years of the deformalization movement, Fairness and Formality sounded a warning...

Reconsidering Prejudice in Alternative Dispute Resolution for Black Work Matters

Sep 1, 2017 | Article, Dispute Resolution and Arbitration, Michael Z. Green

By Michael Z. Green Abstract In the 1985 foundational article Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution, Richard Delgado and his co-authors identified major concerns with the growing use of alternative dispute...
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