ADR is the better way to settle disputes over Y2K; mediation and arbitration allow parties to control the process in ways that litigation cannot
Article Abstract:
The article covers the advantages of alternative dispute resolution in resolving Y2K disputes, including flexibility, being under the parties control and requiring their consent, and allowing the parties to agree to solutions not available in a court of law. The author also covers arbitral institutions' preparations for the Y2K problem by forming special panels of arbitrators trained in the technologies frequently implicated in Y2K failures.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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Court leaves arbitration issue open; after 'Wright,' the deferral standards of the NLRB may help courts determine the arbitrability of employment law claims
Article Abstract:
The Collyer-Spielberg standards for arbitration deferral may also provide a guideline for the circumstances for subjecting claims to mandatory arbitration, a matter on which there is a lack of consensus among various federal courts. These standards have found a medium between upholding parties' contractual obligations and protecting employee rights under the National Labor Relations Act.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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Arbitration sees victories in U.S. Supreme Court; two recent high court decisions uphold out-of-court process, while a third decision looms
Article Abstract:
Rulings issued by the Supreme Court favoring arbitration in employee and consumer cases are discussed. Arbitration agreements between corporations and nonunion employees or with the consuming public have become increasingly controversial as their use has increased. Criticisms of arbitration in this context are discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
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