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Articles 1 - 7 of 7
Full-Text Articles in Law
Public Sector Dispute Resolution In Local Governments: Lessons From The Scag Project , Alana Knaster, Gregory L. Ogden, Peter Robinson
Public Sector Dispute Resolution In Local Governments: Lessons From The Scag Project , Alana Knaster, Gregory L. Ogden, Peter Robinson
Pepperdine Dispute Resolution Law Journal
This article seeks to share lessons from an ongoing six-year project to overcome the barriers to the use of facilitation and mediation (ADR) processes for addressing regional and interjurisdictional planning disputes throughout Southern California. The participants in this effort originally assumed that the successful use of mediation in high profile disputes would lead to greater acceptance of ADR processes by governmental officials. After several failed attempts, project leaders concluded that it would be appropriate to refocus the original methodology and strategy for promoting the use of ADR. The new strategy focuses on the establishment of mediation services for community-based disputes …
Making It Work At Work: Mediation's Impact On Employee/Employer Relationships And Mediator Neutrality , Allison Balc
Making It Work At Work: Mediation's Impact On Employee/Employer Relationships And Mediator Neutrality , Allison Balc
Pepperdine Dispute Resolution Law Journal
This Comment discusses the ADR process of mediation in the employment setting, specifically addressing its benefits and effects on the employer/employee relationship and the potential for a non-neutral mediator who is paid by, or has some previous tie to, one of the parties. Section IA examines judicial and legislative views of ADR and mediation. IB discusses mediation's effectiveness in the workplace. Section II discusses the mediation process in an employment dispute. Section III discusses the effects of mediation on the employer and employee, empirical studies, the neutrality of mediators, and potential remedies. Section IV discusses neutrality in the mediation process. …
When Does Familiarity Breed Content? A Study Of The Role Of Different Forms Of Adr Education And Experience In Attorneys' Adr Recommendations , Roselle L. Wissler
When Does Familiarity Breed Content? A Study Of The Role Of Different Forms Of Adr Education And Experience In Attorneys' Adr Recommendations , Roselle L. Wissler
Pepperdine Dispute Resolution Law Journal
This article first reviews proposed explanations for and solutions to the low rate of voluntary ADR use, as well as related empirical research. The article then reports the findings of a study that involved a survey of attorneys regarding their ADR education, experience with ADR as counsel or as a third-party neutral, and advice to clients about ADR. This study found that attorneys' direct experience with ADR, especially in their role as counsel but also as a neutral, was strongly related to whether they recommended ADR to clients. In contrast, ADR education had little or no relationship with attorneys' ADR …
What Works In Transformative Mediator Coaching: Field Test Findings , James R. Antes, Judith A. Saul
What Works In Transformative Mediator Coaching: Field Test Findings , James R. Antes, Judith A. Saul
Pepperdine Dispute Resolution Law Journal
A process for the formative assessment (coaching) of mediators practicing from the transformative orientation was field tested at six different sites. Specifically varied were whether or not the mediator's original training was in the transformative orientation, the mediator's amount of experience practicing from the transformative orientation, and whether the role-play mediation sessions were live or videotaped. In addition to drawing conclusions about the qualifications necessary for a coach and the pros and cons of videotaped sessions versus live stop-action sessions, we developed guidelines for structuring the coaching process. We also identified a range of possible uses of the process.
Assimilative, Autonomous, Or Synergistic Visions: How Mediation Programs In Florida Address The Dilemma Of Court Connection , Dorothy J. Della Noce, Joseph P. Folger, James R. Antes
Assimilative, Autonomous, Or Synergistic Visions: How Mediation Programs In Florida Address The Dilemma Of Court Connection , Dorothy J. Della Noce, Joseph P. Folger, James R. Antes
Pepperdine Dispute Resolution Law Journal
Over the past twenty-five years, the state of Florida has been recognized across the United States as a leader in the development of court-connected alternative dispute resolution programs. Mediation, in particular, has flourished across the state, with one hundred eleven programs in place in family, civil, community, and dependency sectors. Administrative support and oversight for court-connected mediation programs are provided by The Florida Dispute Resolution Center (DRC) - the administrative arm of the Florida Supreme Court - housed within the Office of the State Courts Administrator. In collaboration with the DRC, we designed and conducted a benchmarking study of seven …
Mediation Outcomes: Lawyers' Experience With Commercial And Construction Mediation In The United Kingdom , Penny Brooker, Anthony Lavers
Mediation Outcomes: Lawyers' Experience With Commercial And Construction Mediation In The United Kingdom , Penny Brooker, Anthony Lavers
Pepperdine Dispute Resolution Law Journal
This paper reports on the final phase of a three-year study into the role of lawyers in the development of Alternative Dispute Resolution (ADR) following the implementation of the Civil Procedure Rules in 1999 and draws comparisons between US and Canadian studies. The paper centres on the use of mediation, which is recognised as the pre-eminent ADR process in the UK. Data are analysed from 30 interviews with specialist commercial and construction-related lawyers who have utilised mediation in the dispute resolution process. Interviewees were selected from respondents to a national survey of lawyers specializing in commercial and construction-related practice. Whereas …
Gaining Compliance Through Non-Verbal Communication , Pamela Peters
Gaining Compliance Through Non-Verbal Communication , Pamela Peters
Pepperdine Dispute Resolution Law Journal
This article will examine the often de-emphasized and overlooked nonverbal aspects of communication. Understanding the impact of non-verbal messages sharpens one's ability to view seemingly superficial mannerisms and movements as potential cues. Further, this article is designed to prompt individual assessment and increase awareness of one's personal non-verbal mannerisms. This article is intended to encourage members of the ADR and legal communities to thoughtfully observe those around them and implement purposeful movements into their interactions, ultimately becoming more powerful and effective communicators and professionals. This article will consider two methods of gaining compliance through non-verbal signals. The first category examines …