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Full-Text Articles in Law
The Center Of The Center For Alternative Dispute Resolution, Wayne Brazil
The Center Of The Center For Alternative Dispute Resolution, Wayne Brazil
Wayne Brazil
Hawaii was one of the first states to establish within its judiciary a Center for Alternative Dispute Resolution. The Center's mission is: to mediate major public policy disputes and to facilitate policy formulation dialogues, to design and help implement mediation and other ADR programs for state and local governmental agencies, to provide education about and training in mediation for the public and for employees of state and local government, and to oversee the extensive network of community mediation centers that provide grass-roots mediation services throughout the Islands. In November of 2005 the Center celebrated its 20th anniversary by sponsoring various …
Dr Ethics Book Brings It All Together, Jonathan R. Cohen
Dr Ethics Book Brings It All Together, Jonathan R. Cohen
Jonathan R. Cohen
Dispute resolution practice has changed dramatically over the past several decades. The traditional litigation model has increasingly given way to a “multi-door” vision of varied dispute resolution practices. With that functional change in how we process disputes has come a pressing need to address the varied ethical challenges of these varied practices. Dispute Resolution Ethics is a marvelous contribution toward that effort.
Why Mediators Should Be Regulated, Art Hinshaw
Why Mediators Should Be Regulated, Art Hinshaw
Art Hinshaw
In the United States consumers engage mediators on a caveat emptor basis. The regulatory scheme for mediators is a patchwork of mediation referral organizations which allows unscrupulous mediators to exploit consumers with little to no recourse. One egregious example is that of Gary J. Karpin, a disbarred lawyer turned divorce mediator, who used the mediation process to con forty people into giving him approximately $250,000 before taking up residence in prison. In an age when everyone from doctors to cosmetologists is subject to occupational regulation, why are mediators virtually unregulated? Mediators have long been divided on the question of regulation. …
Decision-Making In Mediation: The New Old Grid And The New New Grid System, Leonard L. Riskin
Decision-Making In Mediation: The New Old Grid And The New New Grid System, Leonard L. Riskin
Leonard L Riskin
This Article reviews the author's previous mediator-orientation models and proposes a new system for understanding the range of mediator orientations based on substantive, procedural, and meta-procedural decision-making grids.
The Represented Client In A Settlement Conference: The Lessons Of G. Heileman Brewing Co. V. Joseph Oat Corp., Leonard L. Riskin
The Represented Client In A Settlement Conference: The Lessons Of G. Heileman Brewing Co. V. Joseph Oat Corp., Leonard L. Riskin
Leonard L Riskin
This Article sets out various perspectives that litigants, lawyers and judges commonly bring to settlement conferences, perspectives on lawyer-client relations, negotiation, and the role of the judicial host. In examining the opinions in the Heileman case, along with other materials, the Article attempts to uncover the underlying assumptions about the settlement conference that informed the behavior of the judges and lawyers in that case, arguing that Heileman's explanation lies in the lawyers' and judges' tendency to embrace one of two radically different visions of the settlement conference. The Article then catalogs the advantages and disadvantages of involving clients in settlement …
Mindfulness: Foundational Training For Dispute Resolution, Leonard Riskin
Mindfulness: Foundational Training For Dispute Resolution, Leonard Riskin
Leonard L Riskin
This Article addresses the problem of mindlessness in counseling, negotiating, and mediating, and offers potential solutions and recommendations for developing foundational capacities through training in mindfulness meditation.
Teaching And Learning From The Mediations In Barry Werth's Damages, Leonard L. Riskin
Teaching And Learning From The Mediations In Barry Werth's Damages, Leonard L. Riskin
Leonard L Riskin
This essay is based primarily on materials the author developed for courses taught at the University of Missouri-Columbia, School of Law, in the winter 2002 and 2003 semesters, based on Barry Werth's book, "Damages."
Understanding Mediators' Orientations, Strategies, And Techniques: A Grid For The Perplexed, Leonard L. Riskin
Understanding Mediators' Orientations, Strategies, And Techniques: A Grid For The Perplexed, Leonard L. Riskin
Leonard L Riskin
This Article begins with a review of previous efforts to categorize mediation and their shortfalls, including the lack of any widely-shared comprehensive method for describing the various approaches to mediation practice. The Article then offers a new "grid" system for classifying mediator orientations, strategies, and techniques and describes the potential utility of the grid, particularly its effectiveness in selecting mediators.
Regulating Mediators, Art Hinshaw
Regulating Mediators, Art Hinshaw
Art Hinshaw
Currently consumers engage mediators on a caveat emptor basis. The regulatory scheme for mediators is, at best, a disjointed patchwork of organizations that make mediation referrals which allows unscrupulous mediators to exploit consumers and hide in the system’s holes. One egregious example of abuse comes from Gary J. Karpin, a disbarred lawyer turned divorce mediator, who is believed to have used the mediation process to con hundreds of people into giving him an estimated $1 million before taking up residence in prison. His con was so successful in part because there was no natural place for his victims to turn …
Stiffing The Arbitrators: The Problem Of Nonpayment In Commercial Arbitration, Brian Farkas, Neal M. Eiseman
Stiffing The Arbitrators: The Problem Of Nonpayment In Commercial Arbitration, Brian Farkas, Neal M. Eiseman
Brian Farkas
Commercial arbitration is a creature of contract; the parties are there because they choose to be, either including an arbitration clause in their written agreement or, after a dispute developed, electing to avoid litigation all together. Arbitration also comes with an up-front cost non-existent in litigation: the arbitrators. Taxpayers pay for their state and federal judges, but the parties themselves pay for their arbitrators. But what happens if one party refuses (or is otherwise unable) to pay the arbitrator? If the arbitrator then refuses to proceed, as is likely, should the dispute revert to court, in derogation of the prior …
Crime Victims And Offenders Face To Face: An Overview Of The Tdcj Victim Offender Mediation/Dialogue, Richard B. Keeton
Crime Victims And Offenders Face To Face: An Overview Of The Tdcj Victim Offender Mediation/Dialogue, Richard B. Keeton
Richard B. Keeton, Esq.
This paper focuses on the Victim Offender Mediation/Dialogue program unique to the Texas Department of Criminal Justice. Victim offender mediation is "a process that provides interested victims an opportunity to meet their offender, in a safe and structured setting, and engage in a mediated discussion of the crime." The goal is to hold offenders directly accountable for their actions while providing support and assistance to the victims. With the assistance of a trained mediator, the victim is able to tell the offender about the crime's physical, emotional, and financial impact, while receiving answers to lingering questions about the crime and …