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Pitfalls And Possibilities Of Using Technology In Mediating Cross-Border Child Custody Cases, The, Melissa A. Kucinski
Pitfalls And Possibilities Of Using Technology In Mediating Cross-Border Child Custody Cases, The, Melissa A. Kucinski
Journal of Dispute Resolution
This paper will explore current efforts to ensure parents have the opportunity to elect voluntary mediation with a skilled international family mediator to resolve issues stemming from one parent traveling to another country with the parties' child, against the wishes of the co-parent. Additionally, this paper will explore, in general, the practical and substantive considerations in mediating a cross-border child custody case, with a focus on one issue of primary concern-the use of technology in these mediations. The paper will additionally include a discussion on whether technology will hinder or help resolution when considering cultural differences. Many mediators prefer to …
Mediation Tune Up For The State Court Appellate Machine, A, Bobbi Mcadoo
Mediation Tune Up For The State Court Appellate Machine, A, Bobbi Mcadoo
Journal of Dispute Resolution
This Article begins in Part II with a review of the rationale for appellate mediation programs. In Part III the Article will discuss the development and evaluation of a pilot program for the mediation of family appellate cases in Minnesota. The pilot was developed and implemented with the goals of settlement and other qualitative justice measures in mind. Moreover, preliminary evaluation results for the pilot suggest that both continue to be important and can be achieved.3 In Part IV the Article will discuss the elements of program design most likely to make appellate mediation programs succeed, in terms of both …
Mediation In Employment And Creeping Legalism: Implications For Dispute Systems Design, Lisa Blomgren Bingham, Susan Summers Raines, Timothy Hedeen, Lisa Marie Napoli
Mediation In Employment And Creeping Legalism: Implications For Dispute Systems Design, Lisa Blomgren Bingham, Susan Summers Raines, Timothy Hedeen, Lisa Marie Napoli
Journal of Dispute Resolution
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 debate on legalism in mediation in three design contexts: evaluative mediation of employment disputes in the court-connected setting, grievance mediation embedded in the collective bargaining agreement, and transformative mediation of employment disputes in the United States Postal Service's (USPS's) REDRESS program. Most employees do not face a choice among mediation models; instead, they choose among adjudicative …