Law Commons^™

Court Issues Major Ruling On Mediation Confidentiality, Richard C. Reuben

Faculty Publications

A prominent federal court judge has issued an important ruling on mediation confidentiality, one that promises to influence both doctrinal and legislative development.

The case is Olan v Congress Mortgage Co., 1999 WL 909731 (N.D.Cal.), and in it, federal Magistrate Judge Wayne Brazil ultimately compels testimony by a California mediator, despite California's categorical exclusion of evidence arising from mediations. The lengthy opinion is most scholarly, and well worth taking the time to read.

Within The Civil Law Tradition, Nadja Alexander

Research Collection Yong Pung How School Of Law

A review of the international literature on ADR reveals a wide spectrum of dispute resolution processes practised throughout the world. It also demonstrates significant differences among different countries’ application of ADR procedures; for example, mediation.

Lawyers' Representation Of Clients In Mediation: Using Economics And Psychology To Structure Advocacy In A Non-Adversarial Setting, Jean R. Sternlight

Scholarly Works

Many believe that lawyers' adversarial methods and mindsets are inherently inconsistent with mediation. Lawyers' emphasis on advocacy and winning is seen as ill-suited to mediation's nonadversarial, problem-solving approach to dispute resolution. Yet, as mediation grows increasingly common, lawyers are frequently accompanying their clients to mediation and often play a critical and direct part in the process. Particularly where disputes are complex or involve relatively large sums of money, it is likely that one or both disputants will be represented by an attorney at the mediation. This Article argues that attorneys need not and ought not to abandon their advocacy or …

On Teaching Mediation, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.