Native American Arbitration

Arbitration is the submission of a disputed matter to an impartial person (the arbitrator) for decision. Arbitration is typically an out-of-court method for resolving a dispute. The arbitrator controls the process, will listen to both sides and make a decision. Like a trial, only one side will prevail. Unlike a trial, appeal rights are limited.

It is promoted as an avenue to resolve disputes efficiently. Arbitration avoids hostility. Parties in arbitration are more likely than not to work peacefully rather than inflate malice against each other. It is a much cheaper option to litigation, especially when the arbitrator chosen is a non-lawyer. It is conducted in a much quicker process, saving much time and stress on both parties in the long run. Scheduling for arbitration is flexible, and can be decided on by the parties rather than fitting in a schedule convenient for the courts. Rules of evidence and procedure are much more simple and lenient. Most importantly, arbitration is handled privately, with no information being released to the public unlike court

Conflict, that is what I feel when I read about the Native Americans. I have always lived in the United States, but when I read the accounts of the Native Americans I sometimes wish I had not. I loved growing up in America mostly, but I can only imagine what it must have been like for Native American children. These children had to grow up learning about how their people once lived free and journeyed the land as they pleased, but when other people came to their land they forced them into increasingly smaller reservation and killed and mistreated their people for centuries. It is no surprise some Native Americans are furious with white people and write literature like “Your Day Has Arrived” by Darlene Doll Smith. I do not blame them for being

For my cultural awareness paper I am writing about Native American’s. I do not understand why America acts as if there were nobody on this land before Christopher Columbus discovered it. How come we never hear about them on T.V.? The people who owned this land that the country sits on has no right’s to claim it. Shockingly, nobody ever talks about them as if they are nonexistent. When I heard that they do not even own their reserves or any land at all my heart dropped. I feel as if we should inform our country about how some of us acknowledge their artifacts but not acknowledge them personally. Do they consider themselves as Native American’s? How do they feel about America? How come people steal their culture, and think

Cooley, J. W., & Lubet, S. (2003). Arbitration Advocacy (2nd ed.). Notre Dame, IN: National Institute for Trial Advocacy.

Third, it can be mentioned from the same article that the Federal Arbitration Act (“FAA”) is a federal statute which authorizes courts to recognize and enforce arbitral awards. Some courts and commentators have concluded that FAA is broad enough to reach all foreign arbitral awards.” They said that nothing can prevent from enforcing the arbitral awards made in the Non-Contracting States.

After carefully considering the situation in both plaintiff (Eunice) and defendant (RFYL), arbitration should be an effective Alternative Dispute Resolution in

It was the third day and he had hunted nothing. The young Native American was starving and scared, he lost hope. As he was returning, he saw smoke, he quickly headed for it, there he saw his vision, it was his village in flames there was nobody it was empty, like a ghost town. Akundo screamed, he never felt this way. Everything he knew, everyone he knew was gone.

He has been in a dispute with Citibank for six years. What began as an overdraft fee in his checking account has turned into a nightmare that has cost him $100,000 thus far. He has had to postpone his wedding and he watched his credit score plummet from 700 to 500. Dempsey expects to spend thousands more as he moves into “round two”. He received a favorable ruling from the arbitrator but Citibank has appealed that decision. The original amount of the dispute is less than $150.00. The Financial Services Industry describes arbitration as a “prompt and inexpensive” way of resolving issues, but it seems only companies with deep pockets and nothing but time would see it that way. Mr. Dempsey estimates he has spent 1,000 hours spanning six months on his case. He says that Citibank objected to four arbitrators in a row, taking seven months to settle on one. They filed motions to dismiss the case and each time they filed something, he had to respond, paying filing fees each time. He claims Citibank would not correct mistakes regarding reporting to the credit bureaus. To the average consumer, it is neither prompt nor inexpensive to drag out the process of agreeing on an arbitrator for seven months. When Dempsey received the decision in his favor, he was awarded $20,500 in actual/punitive damages and $30,000 in attorney fees. Since Citibank is appealing that decision, those numbers are likely to

According to Walsh (2013), “arbitration, is like a neutral third party (the arbitrator) functions more like a private judge. Arbitrators hear disputes and render decisions that are almost, always final and binding on the parties. Arbitration has, for decades, been the principal means of enforcing employee rights under collective bargaining agreements in unionized workplaces.”

When settlers came to settle in Washington, it was not empty. The land was already occupied by peoples with their own unique culture, traditions, government, religion and way of life. The settlers were moving into the lands of the native americans. The great difference in culture made conflict inevitable.

The use of arbitration agreements by California employers has seen much debate in recent years and is presently undergoing significant change. Employers utilizing arbitration agreements with their employees should be aware of a new ruling that holds employees cannot waive their right to collectively arbitrate claims under California’s Private Attorney General Act (“PAGA”) and any arbitration agreement that requires an employee to arbitrate individually is invalid. The ruling came on September 23, 2015 in a 2-1 decision by the 9th Circuit Court of Appeal.

　　Australia has had 105-year old history of using conciliation, mediation and arbitration to settle disputes, and its industrial courts were frequently named conciliation and arbitration

With all of these acts and statutes being passed, it seemed as though arbitration was the way to go. But as more and more agreements to arbitrate future disputes were executed, other nonarbitral forms of alternative dispute resolution such as mediation and neutral fact-finding became common.

Arbitration is legal technique used to resolve any disputes outside of the courts. Arbitration allows for speedy and cheap resolution of any disputes, the parties involved in a dispute agree to appoint a third person (arbitrator) who will hear their testimonies, and look into the evidence they provide. The arbitrator's decision cannot be challenged in a law court as it is considered final and the parties involved have to accept the decision (Brams & Merrill, 1986). There are only very limited circumstances where the decision of an arbitrator can be challenged, and this is mostly if there can be proof from one of the parties showing that the arbitrator was biased in their decision or ruling. The chosen arbitrator will be an experienced person in the area of the dispute.