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Full-Text Articles in Law
Confessions And Redemption—And Politics—For An Un-Neutral Person Who Mediates, Marjorie Corman Aaron
Confessions And Redemption—And Politics—For An Un-Neutral Person Who Mediates, Marjorie Corman Aaron
Faculty Articles and Other Publications
Within ADR’s house, and now in our arbitration and mediation rooms, we mediators, court ADR administrators, process designers,and arbitrators can construct and conduct processes that reflect moral values our law makers seem to have abandoned.
Reflections On Untethered Philosophy, Settlements, And Nondisclosure Agreements, Marjorie Corman Aaron
Reflections On Untethered Philosophy, Settlements, And Nondisclosure Agreements, Marjorie Corman Aaron
Faculty Articles and Other Publications
The potentially harmful consequences of nondisclosure agreements in private settlements are troubling. They are a legal system problem, however, for which ADR is not to blame. Unless NDAs were prohibited for all legal claims, prohibiting them in mediated settlements would create greater incentives for pre-litigation direct settlements. The result would be less, not more, public awareness of (alleged) misdeeds.
Client Science: Bad News And The Fully Informed Adr Client, Marjorie Corman Aaron
Client Science: Bad News And The Fully Informed Adr Client, Marjorie Corman Aaron
Faculty Articles and Other Publications
Professor Aaron comments that this piece, excerpted from: “Bad News and the Fully Informed Client,” the first chapter of her book, Client Science, addresses the lawyer’s challenge when counseling clients where “bad” news— negative, pessimistic or unwelcome developments or analysis—must be conveyed, whether or not within an ADR process. “As a mediator of civil cases, I suspect that mediation involves a higher than average percentage of cases involving ill-counseled clients or ‘difficult clients’ who may fairly be characterized as ‘counseling-resistant’ despite the best efforts of skilled lawyers. When the lawyer explains ‘bad news’ about case developments or likely outcomes, he …
‘Translating The Terrain’ Over Cultural Myths And Mistaken Assumptions, Marjorie Corman Aaron
‘Translating The Terrain’ Over Cultural Myths And Mistaken Assumptions, Marjorie Corman Aaron
Faculty Articles and Other Publications
Lawyers must recognize that, outside of the legal practice, people lack shared knowledge about its workings. Thus, the “lawyer-translator” must supply basic, missing knowledge of legal process, practice, and culture for her words to make sense. Without some of that knowledge, the lawyer’s words lack meaning.
Strategy At The Negotiation Table: From Stereotypes To Subtleties, Marjorie Corman Aaron
Strategy At The Negotiation Table: From Stereotypes To Subtleties, Marjorie Corman Aaron
Faculty Articles and Other Publications
In mediation, we all know that attorneys negotiate for their clients with the other side and with the mediator, and the mediator negotiates with attorneys and clients on all sides. What role, if any, does gender play?
Getting A Head Start: More Intake Questions And Tips For Mediators, Marjorie Corman Aaron
Getting A Head Start: More Intake Questions And Tips For Mediators, Marjorie Corman Aaron
Faculty Articles and Other Publications
A party's initial inquiry to a mediator about potentially participating in a case provides many opportunities for the neutral to initiate the steps necessary for a successful resolution. This article focuses on a list of intake questions for the mediator to direct to the parties.
At First Glance: Maximizing The Mediator‘S Initial Contact, Marjorie Corman Aaron
At First Glance: Maximizing The Mediator‘S Initial Contact, Marjorie Corman Aaron
Faculty Articles and Other Publications
First moves matter. A mediator’s strategic choices during the initial contact can encourage the next steps that will produce a successful mediation, or render mediation less likely or less productive.
Adr Toolbox: The Highwire Art Of Evaluation, Marjorie Corman Aaron
Adr Toolbox: The Highwire Art Of Evaluation, Marjorie Corman Aaron
Faculty Articles and Other Publications
Many mediators are uncomfortable with the idea of discussing or presenting evaluations. However, when parties reach an impasse, they often want the mediator to play an active role. In these cases, responsible use of evaluation is completely consistent with the goals of mediation. Mediators should provide an evaluation only if there is an insurmountable settlement gap that arises from the parties’ widely divergent views of what will happen if the case doesn’t settle. Evaluation is not a substitute for other essential mediation tools. It is a last step, but in many cases skipping that step means missing the sole opportunity …
Federal Courts And World Civil Society, Gordon A. Christenson
Federal Courts And World Civil Society, Gordon A. Christenson
Faculty Articles and Other Publications
This article proposes that in all international civil litigation federal judges should use international and foreign law pragmatically as an aid to decisions which further the substantive values of "world civil society." These values are similar to those of civil society in a federal republic with an elaborate bill of rights - to preserve voluntary associations of human dignity and enterprise whose spirit transcends the public order of sovereign states.
The Two-Headed Dragon Of Siting And Cleaning Up Hazardous Waste Dumps: Can Economic Incentives Or Mediation Slay The Monster, Bradford Mank
The Two-Headed Dragon Of Siting And Cleaning Up Hazardous Waste Dumps: Can Economic Incentives Or Mediation Slay The Monster, Bradford Mank
Faculty Articles and Other Publications
This Article will show that neither economic incentives nor mediation alone has been successful in addressing the issues of siting or remediation, despite good theoretical reasons for the success of both approaches. This Article advocates a two-pronged approach of using economic incentives and mediation together to attack the dilemmas of siting and remediation. A developer could offer to remediate an orphan or MSW landfill site, and thereby improve public safety, in exchange for the opportunity to build a new, less risky hazardous or solid waste disposal facility.15 In conjunction with mediation and negotiated compensation, this proposal may be able to …