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Alphabetized Bibliography Entries ALPHABETIZED BIBLIOGRAPHY ENTRIES Adams, George W. "Advocacy in Mediation." The Advocates' Quarterly; October 2000; 23(1): pp. 471-477. In this article, the author details the role of advocates in the mediation process in the Canadian Court System. The author highlights the differences between advocacy for the purpose of settlement and advocacy at trial, concluding that advocates in mediation must maintain a proper balance between their clients' interests and the interests of both parties in reaching a settlement. {21 } MED: RELATED PROCESSES-GENERAL {138} ETHICS: GENERAL {151} ROLE OF LAWYERS Agros, Glencore V. "Arbitration: Legal Set-Off and Enforcing Admitted Claims." Lloyd's Maritime and Commercial Law Quarterly; May, 2000; (2): pp. 153-160. The article discusses the availability of arbitration not only as a procedure for resolving a dispute, but also as a process for enforcing an admitted claim it. Presents the notion that if an arbitration clause is present, and a debt that would be arbitrable under the clause is admitted it, then the dispute is not over. Instead, a final arbitration award is necessary to end the dispute as this will keep the issue from being litigated. This position furthers the goal of arbitration of reducing trials by preventing further litigation. {44) ARB: MANDATORY, COURT-ANNEXED-GENERAL Aldridge, Trevor. "Dot Geography." Solicitors Journal; December 2000; 144(45): pp. 1091. There will undoubtedly be disputes over web retail transactions, but questions remain as to the proper location where the disputes will be resolved. The European Commission is considering a proposal that would allow disgruntled customers of dot-coin companies to bring litigation in the claimant's own country rather than the website's country. Advocates argue that such a proposal would limit immunity of process, while opponents argue that this could unleash endless and uncertain litigation around the world. The author supports the proposal and suggests that those sites which do not follow this lead may lose business as e-traders will come to prefer sites which follow the proposal. ( 105 } SUBJ MATTER: SCIENCE & TECHNOLOGY Alexander, Vincent C. "Special Proceedings Relating to Arbitration: New Developments." New York Law Journal; September 2000; 224(56): pp. 3. OHIO STATE JOURNAL ON DISPUTE RESOLUTION [Vol. 16:4 2001] An overview of recent changes in the laws governing judicial proceedings relating to arbitration is given. Discussed is a CPLR amendment that allows a party to obtain additional judicial relief with respect to an arbitration without commencing a new proceeding; the new venue rules for arbitration proceedings are also highlighted. Then, the article discusses changes in the statute of limitations and satisfaction of traditional equitable criteria because of recent court holdings. {44} ARB: MANDATORY, COURT-ANNEXED-GENERAL Allgood, Davis B. "The Federal Alternative Dispute Resolution Act of 1998 and its Impact on Federal Court Practice in Louisiana." Louisiana Bar Journal; October 2000; 48(3): pp. 210. In response to federal legislation requiring the district courts to employ an ADR program, Louisiana's eastern and western districts have reformed their ADR schemes to comply to the statute, while the state's middle district recently released a proposed system. Each of the districts' endeavors to comply with the Act are followed and explained. 1127} REQUIREMENTS: MANDATE TO USE {133 } COURT REFORM Anderies, Shane. "Mandatory Arbitration Clauses in Individual Employment Contracts." University of San Francisco Law Review; Summer 2000; 34(4): pp. 765-797. This note concentrates on Armendariz v. Foundation Health Psychare Services, Inc. It examines the arguments for and against the enforceability of mandatory arbitration clauses in individual employment contracts, focusing primarily on claims arising under Title VII and California's FEHA. The note concludes that courts should enforce such clauses. {44} ARB: MANDATORY, COURT-ANNEXED-GENERAL {93 } SUBJ MATTER: LABOR--GENERAL { 126} REQUIREMENTS: CONTRACTUAL CLAUSES Andersen, Steven K. '"NAFTA: Mediation and the North American Free Trade Agreement." Dispute Resolution Journal; May, 2000; 55(2): pp. 56-64. Steven Andersen explores the use of mediation to resolve trade conflicts that have arisen under NAFTA, and how policy-makers could help to encourage more mediation. Andersen writes that while mediation is a more efficient and effective method of resolving disputes that involve cultural, language, and political barriers than arbitration, NAFTA constituents must push for increased use of mediation in order for its use to become more common. {92} SUBJ MATTER: INT'L 2000 BIBLIOGRAPHY Anderson, Edward C. "The Multi-Door Courthouse Arbitration - The Open Door." The Hennepine Lawyer; April, 2000; 69(4): pp. 12-15. Article discusses the benefits of contracting for arbitration to settle disputes. The article points out that some of the benefits of arbitration include less complex procedures, lower cost, and wide accessibility for all citizens. {126} REQUIREMENTS: CONTRACTUAL CLAUSES Arking, Stanley S. "The Line Between Negotiation and Extortion." New York Law Journal; June, 2000; 223(110): pp. 3. The article examines boundaries between aggressive negotiation and illegal extortion. Factors important to determining the appropriateness of strategy or behavior are as follows: whether the lawyer actually threatens a lawsuit, whether the threat is relevant to the potential lawsuit, negotiation demands compared to legitimate expectations, and the level of publicity threatened. {1 } W/ OR W/O ASSIST OF 3D-PARTY NEUTRAL-GENERAL {94} SUBJ MATTER: LABOR-DISCRIMINATION {1231 SETTLEMENT: PRESSURE TO SETITE {147 } POWER IMBALANCE {1381 ETHICS: GENERAL {151} ROLE OF LAWYERS Ash, Don R. "For the Children's Sake: How the New Parenting Plan will Work." Tennessee Bar Journal; September 2000; 36(9): pp. 12. A new mediation program in Tennessee being used on a trial basis in six counties requires divorcing couple's to take classes on the effects of divorce on children. The couple comes to a "parenting plan agreement," outling exactly what rights and responsibilities each parent will have regarding the children. So long as there is no evidence of abuse the divorce is handled by a court-appointed mediator. {85} SUBJ MATTER: FAMILY (DOMESTIC REL..) {133} COURT REFORM Astor, Hilary. "Rethinking Neutrality: A Theory to Inform Practice -- Part II." Australasian Dispute Resolution Journal; August 2000; 11(3): pp. 145- 154. The author recognizes that in mediation there is a primary focus on the neutrality of the mediator. The author proposes that instead we should be concerned with maximizing party control in mediation. This approach will decrease personal scrutiny of the mediator, is responsive to power OHIO STATE JOURNAL ON DISPUTE RESOLUTION [Vol. 16:4 2001] imbalances, and is fluid and dynamic so it will change as the situation in the mediation changes. {21 } MED: RELATED PROCESSES-GENERAL {149} QUALITY CONTROL {1471 POWER IMBALANCE Baker, P. Jean. "Binding Arbitration: Federal v. Private." Dispute Resolution Journal; May, 2000; 55(2): pp. 19-22. The article discusses the procedural differences in the application of consensual and compulsory binding arbitration agreements by the federal government. The discussion outlines contractual arbitration requirements in the federal public sector. It reveals that the rules governing binding arbitration are not only completely different from those in the private sector, but they also vary significantly across the three branches of the federal government. {88} SUBJ MATTER: GOV'T CONTRACTS { 128} REQUIREMENTS: STATUTORY OR RULES Baldwin, John. "Dispute Processes: ADR and the Primary Forms of Decision Making (Book Review)." Civil Justice Quarterly; April, 2000; 19: pp. 203-204. This book review of Michael Palmer's and Simon Roberts' Dispute Processes: ADR and the Primary Forms of Decision Making discusses the way in which the collection of edited materials written by prominent ADR scholars, unravels the "inherent complexity" of alternative dispute resolution. Bann, Steven P. "Sandvikab AB v. Advent International Corp., No. 00- 5063." New Jersey Law Journal; August, 2000; 161(7): pp. 60. This case involves an international dispute between a Swedish manufacturer and an American equity investment company. The latter contends no agreement ever existed, but requests enforcement of the arbitration clause of the contract. The manufacturer contends that the validity of the arbitration clause depends on the validity of the contract itself. The court agreed, holding that the validity of the contract must first be addressed before the arbitration clause is considered. Also, the court held that the equity firm's concession to the arbitration clause only manifested an offer to be bound. The defendant's motion to compel the arbitration clause was denied. {44} ARB: MANDATORY, COURT-ANNEXED--GENERAL Barliant, Claire. "Garry Kasparov case champions efficiency of online arbitration." New Jersey Law Journal; July 2000; 161(4): pp. 34. 2000 BIBLIOGRAPHY Author discusses online arbitration procedures as an effective weapon against cybersquatters. The Internet Corporation for Assigned Names and Numbers, the board overseeing the internet, recently adopted the Uniform Dispute Resolution Policy. The policy requires domain name registrants to participate in online arbitration if a party files a claim alleging the domain name infringes on a trademark. The costs of filing a complaint, plus attorneys'
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