Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 17 of 17
Full-Text Articles in Law
The Hopes And Fears Of All The Years: 30 Years Behind And The Road Ahead For The Widespread Use Of Mediation, Lela P. Love, Ellen A. Waldman
The Hopes And Fears Of All The Years: 30 Years Behind And The Road Ahead For The Widespread Use Of Mediation, Lela P. Love, Ellen A. Waldman
Articles
Looking through the windshield in 1985, the dispute resolution community was enthusiastic about mediation's promise: the promise of a radically different paradigm premised on party-driven resolution and collaborative decision-making. Peering ahead, mediation's pioneers anticipated a quiet revolution in conflict management toward more therapeutic and democratic processes. What do events in the last three decades tell us about the high and low points — the successes and failures — in the journey of that endeavor? Looking forward, how might we best align reality with our highest aspirations and avoid the disappointing troughs we encountered in those past decades? This article addresses …
The Scrivener's Dilemma In Divorce Mediation: Promulgating Progressive Professional Parameters, Robert K. Collins
The Scrivener's Dilemma In Divorce Mediation: Promulgating Progressive Professional Parameters, Robert K. Collins
Articles
No abstract provided.
Stories Mediators Tell: The Editors' Reflections, Eric R. Galton, Lela P. Love
Stories Mediators Tell: The Editors' Reflections, Eric R. Galton, Lela P. Love
Articles
One year after publication of Stories Mediators Tell, the editors comment in their reflections of the Symposium on the importance of stories generally, on the Symposium articles, and on the state of the modern mediation movement.
Structural Obstacles To Settlement Of Land Use Disputes, Stewart E. Sterk
Structural Obstacles To Settlement Of Land Use Disputes, Stewart E. Sterk
Articles
In many states, legal doctrine discourages settlement of land use litigation by requiring that any settlement undergo the same review process as the decision that led to the litigation in the first place. The problem is exacerbated by broad standing rules that allow a variety of parties to challenge the settlement. As a result, municipalities and developers often have an incentive to litigate to judgment, even though both parties would prefer a negotiated or mediated solution.
On the other hand, permitting developers and municipalities to settle litigation behind closed doors could impair both the quality and the legitimacy of the …
Trick Or Treat: The Ethics Of Mediator Manipulation, Jim Coben, Lela P. Love
Trick Or Treat: The Ethics Of Mediator Manipulation, Jim Coben, Lela P. Love
Articles
Much of what good mediators do can be characterized as “helpful interventions” that assist the parties towards legitimate goals such as a better understanding, a platform for developing options, and (where the parties choose) an agreement or settlement. However, all such “helpful interventions” are inevitably "manipulative," in the sense that the mediator is, often unilaterally, making “moves” with profound impact on the parties’ bargaining. To evaluate the ethics of any individual move, the authors propose asking two questions: 1) does the move further or help a legitimate party or process goal that advances party self-determination in decision-making; and 2) is …
From The Chair, Lela P. Love
From The Chair, Lela P. Love
From The Chair, Lela P. Love
Midstream Mediator Evaluations And Informed Consent, John W. Cooley, Lela P. Love
Midstream Mediator Evaluations And Informed Consent, John W. Cooley, Lela P. Love
Articles
No abstract provided.
Preface To The Justice In Mediation Symposium, Lela P. Love
Preface To The Justice In Mediation Symposium, Lela P. Love
Articles
No abstract provided.
New York Moveable Feast: Boundaries To Practice, Christopher Honeyman, Lela P. Love
New York Moveable Feast: Boundaries To Practice, Christopher Honeyman, Lela P. Love
Articles
No abstract provided.
Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love
Partnerships And Facilitation: Mediators Develop New Skills For Complex Cases, Lela P. Love
Articles
No abstract provided.
A Tale Of Two Cities: Day Labor And Conflict Resolution For Communities In Crisis, Lela P. Love, Cheryl Mcdonald
A Tale Of Two Cities: Day Labor And Conflict Resolution For Communities In Crisis, Lela P. Love, Cheryl Mcdonald
Articles
Through the lens of Glen Cove and Agoura Hills, two cities facing social crisis revolving around a shaping point, this article addresses the importance of government and key interest groups developing approaches to conflict that will best move society forward while limiting the danger and costs of discord. This "tale of two cities" describes two remarkably similar situations involving day laborers and argues that one community’s choice of mediation after the commencement of litigation resulted in outcomes that addressed and satisfied a wider range of constituency interests than those realized by the community that chose litigation alone.
The Top Ten Reasons Why Mediators Should Not Evaluate, Lela P. Love
The Top Ten Reasons Why Mediators Should Not Evaluate, Lela P. Love
Articles
The ten reasons outlined in this article demonstrate that a mediator’s giving advice, making assessments and stating opinions — particularly where the mediator presses parties to accept a particular opinion, outcome or assessment — are inconsistent with the role of a mediator.
"Evaluative" Mediation Is An Oxymoron, Kimberlee K. Kovach, Lela P. Love
"Evaluative" Mediation Is An Oxymoron, Kimberlee K. Kovach, Lela P. Love
Articles
An essential characteristic of mediation is facilitated negotiation wherein the mediator remains neutral throughout the process. Inconsistent with this role is an evaluative mediator who assesses the strengths and weaknesses of legal claims, proposes settlement terms, pushes parties to accept a particular settlement, and predicts court outcomes or the impact of not settling. A mediator’s assessment invariably favors one side over the other and jeopardizes neutrality. This article argues that mediation should stand as a distinct and clear-cut alternative to the evaluative and frequently highly-adversarial adjudicatory processes and that mediators should not evaluate.
Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love, Robert Moberly, Leonard Riskin, Edward Sherman
Standards Of Professional Conduct In Alternative Dispute Resolution, John Feerick, Carol Izumi, Kimberlee Kovach, Lela Love, Robert Moberly, Leonard Riskin, Edward Sherman
Articles
No abstract provided.
Settle Or Sue: What Else Can I Do?, Lela P. Love