CSDR-LL.M. E-newsletter Archives
Vol. 1, Issue 36 - June 22, 2001
PROFESSOR HEINSZ RETURNS FROM YEAR ABROAD STUDYING DR IN ENGLAND AND NEW ZEALAND
Professor Tim Heinsz recently returned from a sabbatical during which he spent one semester at Cambridge University in England and one semester at the University of Auckland in New Zealand. While at Cambridge, Heinsz studied the impact of the 1996 English Arbitration Act. Prior to the passage of this law, it was relatively easy for a losing party to appeal an arbitratorís adverse decision. The resulting lack of finality of arbitration awards was particularly harmful in the field of international arbitration. Many international companies began to avoid the U.K. and use arbitration systems in the U.S., France, Germany and other countries. The recent arbitration statute makes it more difficult for losing parties to appeal because they must show egregious error by the arbitrator or an unusual question of law. Although the statute has resulted in a somewhat lower rate of appeals, Heinsz concluded that the law on arbitral finality in England is still more liberal than that of other comparable countries.
Heinsz also was a visitor at the International Court of Arbitration (ICA) of the International Chamber of Commerce in Paris. The ICA administers the largest number of international commercial arbitration disputes in the world. Heinsz helped establish ties between the Centerís program and the ICA. One of our recent LL.M. graduates, Salvador Panga, will be an intern at the ICA next year.
While at the University of Auckland, Heinsz focused on labor arbitration. For a number of years New Zealand had a somewhat unique system of compulsory unionism for almost all employees, prohibitions on strikes and mandatory arbitration of all interest disputes. The end result was that often parties failed to bargain seriously, outsiders imposed labor agreements, and workers became disenchanted with their union representation. New Zealand then switched to a system more similar to that in the U.S. of employees deciding whether they want to unionize, duties on parties to bargain in good faith, and extensive use of mediation rather than arbitration to settle disputes of terms and conditions of employment.
Heinsz reports that both England and New Zealand are wonderful places to study, teach and visit. Both Cambridge and Auckland utilize the British system of education in which undergraduates attend law school. Moreover, professors employ the lecture method much more than the Socratic system. This makes for a much different learning environment. Students and faculty at both universities were very interested in the ADR developments in the U.S. as a model for change in their own legal systems.
PROFESSOR STERNLIGHT STUDIES EMPLOYMENT DISCRIMINATION DR IN IRELAND
Professor Jean Sternlight is just back from a two-week trip to Ireland and Northern Ireland, where she started working a project to compare how individual employment discrimination claims are resolved in those jurisdictions and in the United States. The project was funded under a grant from the State Department to promote collaboration between the University of Missouri, the University of Ulster, and the National University of Ireland, Galway regarding conflict resolution issues. Conducting interviews in Dublin, Galway, and Belfast, Sternlight met with eleven academics and government officials who are experts in how individual equality disputes are resolved in their respective countries. While Sternlight states it is too soon to reach any definitive conclusions, she observes that there are many fascinating similarities and differences in the procedures used in the three jurisdictions. In each of the three jurisdictions, mediation and/or arbitration are being introduced in an attempt to resolve discrimination claims more effectively. Sternlight plans to write a paper drawing on her observations. She also reports that the scenery in Ireland is really as beautiful as everyone says.
FINAL DRAFT OF THE UNIFORM MEDIATION ACT IS AVAILABLE ONLINE
The June 5, 2001 final draft of the Uniform Mediation Act is available at www.law.upenn.edu/bll/ulc/ulc_frame.htm. The National Conference of Commissioners on Uniform State Laws will consider adopting the UMA at its annual meeting, beginning on August 10.
VOMA CONFERENCE BROCHURE PUBLISHED
The 18th Annual Victim Offender Mediation Association Training Institute and Conference "Innovative Practices in Restorative Justice and Victim, Offender and Community Processes," will be held Monday, October 22 through Friday, October 26, 2001 at the Doubletree Columbia River Hotel in Portland, Oregon. The conference brochure is now available on the VOMA web site www.voma.org
CALL FOR PROPOSALS
The Dispute Resolution Section of the American Bar Association is soliciting proposals for its Fourth Annual ADR Conference to be held at the Sheraton Seattle Hotel & Towers, Seattle, Washington from April 4 - 7, 2002. Proposals must be submitted no later than August 1 and sent to: Jannice Hodge-Bannerman, 740 15th Street NW, Washington, DC 20005, fax (202) 662-1683. Reference Fourth Annual Conference Proposal on your material. See www.abanet.org/dispute for details and proposal submission forms.
NAFCM'S QUALITY ASSURANCE INITIATIVE SEEKS DOCUMENT EDITOR
The National Association for Community Mediation (NAFCM) has been researching and developing a non-prescriptive quality assurance guide for community mediation centers. NAFCM seeks an editor for the first and second drafts of this document, which is being written collaboratively by a committee of community mediation center directors. The editor must have considerable experience with all aspects of community mediation center operations (preferably as an executive director), familiarity with ongoing debates about "credentialing" and quality assurance in the mediation and non-profit management fields, and substantial editing/curriculum design experience. The editor will be required to travel to Baltimore July 14-17 for an initial first draft editing meeting. The second draft is targeted for completion in Fall 2001. If interested, please e-mail Craig Coletta at firstname.lastname@example.org no later than Monday, June 25.
PROGRAM COORDINATOR, MENDOCINO DISPUTE RESOLUTION SERVICES, UKIAH, CA
Mendocino Dispute Resolution Services (Mendrs) is seeking a new Program Coordinator. Mendrs provides appropriate dispute resolution services and training throughout the Mendocino County, CA. For details see www.nafcm.org/jobs.html