compulsory arbitration in matrimonial disputes

Emerging Issues in the Use of Binding Arbitration to Resolve Disputes between Individuals and Health Plans

Is compulsory court-annexed medical malpractice arbitration constitutional? How the debate reflects a trends towards compulsion in alternative dispute resolution.

Alternative Dispute Resolution (ADR)1 is a classification of methods used to efficiently, cost-effectively, and equitably resolve disputes2 without resorting to litigation.3 “ADR is premised upon the intention that by providing disputing parties with a process that is confidential, voluntary, adaptable to the needs and interests of the parties, and within party control, a more satisfying, durab...

Preempting Justice through Binding Arbitration of Future Disputes: Mere Adhesion Contracts or a Trap for the Unwary Consumer?

The rebellion comes when the injustice is perceived .... The biggest mistake rulers can make in this country, whether they have robes ... money or executive suites, is to think that these injustices are not being registered in the minds of people. Kentucky. The opinions expressed in this Article are solely the Author's and do not express the opinions of Brown, Todd & Heyburn or contain any lega...

Verbal Disputes

Is there a distinction between questions of fact and questions of language? Many philosophers have said no. But a version of the distinction is ubiquitous, in philosophy and elsewhere, in the notion of a verbal dispute. Intuitively, a dispute between two parties is verbal when the two parties agree on the relevant facts about a domain of concern, and just disagree about the language used to des...

Networks & disputes

Networked systems often consist of inter-dependent subsystems that are governed by locally determined heterogeneous preferences or policies. Examples include interdomain routing, peer-to-peer storage, and decentralised security systems. This dissertation introduces a notion called dispute — a cyclic structure that underlies the dependence and preferences of subsystems. Disputes may cause advers...

Valuation in International Arbitration

The value of a business or other asset depends on the expected future benefits from holding that asset and the uncertainty associated with those benefits. An expert valuer must often form an opinion on value based on their assessment of future benefits and uncertainty at a given date. This is a challenging task for many assets. It is often particularly challenging in the context of internationa...