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...
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,...
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...
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...
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...
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...
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...
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...
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...
Sep 1, 2017 | Article, Carol Izumi, Dispute Resolution and Arbitration
By Carol Izumi Abstract Mediators aspire and endeavor to meet their ethical duty of “neutrality” in mediation. Yet their ability to actually conduct mediations without bias, prejudice, or favoritism toward any party is extraordinarily difficult, if not impossible....
