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Full-Text Articles in Law
Adr Paradigms And Intervenor Values, Joseph B. Stulberg
Adr Paradigms And Intervenor Values, Joseph B. Stulberg
Journal of Dispute Resolution
Mediators insist that they can be neutral intervenors when assisting parties reach a negotiated settlement. They view their role as that of facilitating the development of settlement terms that the parties find acceptable, irrespective of whether the mediator approves of them or if they are in the best interests of either the parties or the public.'
Will The Seventh Amendment Survive Adr?, Roger W. Kirst
Will The Seventh Amendment Survive Adr?, Roger W. Kirst
Journal of Dispute Resolution
The seventh amendment problem is not within the ADR procedures themselves, but rather in how ADR is integrated into the total system of formal dispute resolution. Proponents of ADR may not intend to destroy federal civil jury trial, but ADR could be a serious threat to the seventh amendment if alternative procedures supplant civil jury trial and leave the constitutional language as a hollow shell. On the other hand, substantial use of ADR would not necessarily threaten seventh amendment values if jury trial remains available; instead, ADR procedures in routine litigation might protect the role of the civil jury in …