This Article empirically examines the repeat player employer and the use of personnel manuals, one form of contract of adhesion, in employment arbitration. First, it briefly reviews some of the salient cases that allow for the imposition of arbitration through an adhesive employment contract....

South Korea, an established industrial economy, has quietly broadened and deepened its democracy, and is presently building new, innovative governance processes into its institutions. This article examines South Korea's implementation of new governance processes, specifically, its growing use of...

This article explores the connections between dispute resolution and the rule of law through two complementary lenses: dispute systems design and collaborative governance. It posits as a working hypothesis that it is possible to design governance as a necessary condition to produce the rule of...

This article will explore the question of creeping legalism in mediation of statutory disputes arising out of employment. First, it will briefly review the issue of creeping legalism in arbitration. Second, it will introduce dispute systems design (DSD). Third, it will review the analogous...

This Article describes the map of statutory administrative law through those cross-cutting statutes that apply generally to all federal agencies. It argues that each major statute represents a balance among five fundamental values in the relationship between the government and the governed, a...

Published in new online journal: Minnesota Law Review Headnotes. Mandatory arbitration is a neologism that describes the capacity of an economically stronger repeat player to impose an adhesive binding arbitration clause on the weaker, usually one-shot, player. Such agreements appear frequently...

This study examines a 270-case sample of commercial and employment arbitration awards decided between 1993 and 1994, before the adoption of the Due Process Protocol for Mediation and Arbitration of Statutory Disputes Arising from Employment. It examines employee win rates and outcomes when...

This study compares litigation and alternative dispute resolution (ADR) in civil cases handled by Assistant United States Attorneys (AUSAs) during the period 1995 to 1998. The findings indicate that that use of ADR can be an efficient and effective procedural solution to the problems of time and...

Interest in transformative mediation is growing, yet there are few tools with which to assess mediators' use of the transformative model. This study presents a novel way of examining transformative mediation in practice. It triangulates data from training and screening processes and surveys of...

I argue here that we need a comprehensive model to understand emerging uses of collaboration across the policy continuum, and that we need to re-examine our legal framework for policy making, implementation, and enforcement to encompass this new collaborative governance. I take as my starting...