Open Access. Powered by Scholars. Published by Universities.®
- Publication Year
- Publication Type
Articles 31 - 38 of 38
Full-Text Articles in Law
Adr In The Law Firm: A Practical Viewpoint, Karen A. Burch
Adr In The Law Firm: A Practical Viewpoint, Karen A. Burch
Journal of Dispute Resolution
This comment is divided into three major sections. In Part I, the attorneys explain how ADR concepts are employed within their respective firms. Part II is advisory in nature, with the attorneys expressing their opinions and beliefs regarding how ADR should be integrated into a law firm practice. In Part III, the attorneys express some of their perceptions and viewpoints regarding ADR in general.
Dispute Resolution And Preventive Law: A Reply To Professor Brown, E. A. Dauer, J. D. Nyhard
Dispute Resolution And Preventive Law: A Reply To Professor Brown, E. A. Dauer, J. D. Nyhard
Journal of Dispute Resolution
Within our discussion of scientific models and the processes of dispute resolution,' we suggested a single continuum along which the strategies of Preventive Law and of ADR (Alternative Dispute Resolution) could be arrayed. Beneath that synthesis lay a proposition which we may not have made entirely clear: That the two bodies of hitherto separate principles address problems which are not themselves distinct.
Defamation And Alternative Dispute Resolution: Healing The Sting, Robert M. Ackerman
Defamation And Alternative Dispute Resolution: Healing The Sting, Robert M. Ackerman
Journal of Dispute Resolution
This article will explore several mechanisms for the resolution of defamation cases. It will first review problems of substantive law which present obstacles to the fair and efficient resolution of these disputes. It will then explore some substantive law reform proposals which may expedite the fair and rational resolution of these disputes. Finally, the article will suggest some private dispute resolution processes which may advance the parties' goals, with or without substantive law reform. While a large number of defamation disputes involve non- media defendants, 9 the article will focus upon disputes involving news organizations. The article will also examine …
Thesis (Preventive Law), Antithesis (Adversarial Process), Synthesis (Settlement, Adr): A Comment On Nyhard And Dauer, Louis M. Brown
Thesis (Preventive Law), Antithesis (Adversarial Process), Synthesis (Settlement, Adr): A Comment On Nyhard And Dauer, Louis M. Brown
Journal of Dispute Resolution
In terms of the Nyhart-Dauer article, the goal which is to be attained is "the commercial exploitation of the coastal zone and continental shelf."' The legal system aids the accomplishment of that goal by permitting parties to enter into contracts which "define the measure of present exchange and provide the standards by which executory performance will later be judged... "2 The goal is achieved by performances in accord with "creative arrangements" developed "in such a way that their constituents will be most likely to accept and adhere to the undertakings to which they" are committed.3 It is performance that counts. …
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 …
Alternative Means Of Dispute Resolution: Practices And Possibilities In The Federal Government, William French Smith
Alternative Means Of Dispute Resolution: Practices And Possibilities In The Federal Government, William French Smith
Journal of Dispute Resolution
In the early nineteenth century Alexis de Tocqueville predicted that the law would become a secular religion in the United States, and that every important political question would be turned into a matter for law and litigation.' History once again has proven de Tocqueville's remarkable prescience. Over the past two decades, there has been a staggering increase in litigation.2 Americans now are filing more lawsuits than ever before, and are litigating a wide variety of disputes that previously had been resolved through other means.
Judicial Participation In Settlement, James A. Wall, Dale E. Rude, Lawrence F. Schiller
Judicial Participation In Settlement, James A. Wall, Dale E. Rude, Lawrence F. Schiller
Journal of Dispute Resolution
In the following pages, we will briefly delineate the settlement process, enumerate the techniques currently utilized by judges to facilitate settlement, and discuss the perceived ethics of these techniques. Finally, we will consider the circumstances under which judges typically participate in settlement.