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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.
Adr: Disputing With A Modern Face, Or Bargaining For The Bargain Impaired?, Robert J. Condlin
Adr: Disputing With A Modern Face, Or Bargaining For The Bargain Impaired?, Robert J. Condlin
Faculty Scholarship
The Alternative Dispute Resolution (ADR) movement might turn out to be one of the most important chapters in the history of the American judicial system. Or, it might not. In its most grandiose form, ADR turns disputing on its head, transferring control over outcome from third-party decision-makers to the disputants themselves, and defining disputing procedure in ad hoc, party-constructed guidelines tailored to the circumstances rather than fixed, generic, and categorical rules applicable uniformly in all situations. In its less grandiose form, ADR simply institutionalizes a system of multi-party bargaining in which third-party neutrals help disputants identify individual interests and find …
Introduction, New Directions In Domestic And International Dispute Resolution, Karen L. Tokarz
Introduction, New Directions In Domestic And International Dispute Resolution, Karen L. Tokarz
Scholarship@WashULaw
This volume, New Directions in Domestic and International Dispute Resolution, continues a growing tradition of cutting-edge scholarship in the field of dispute resolution published by the Washington University Journal of Law and Policy, in collaboration with the Washington University School of Law Negotiation & Dispute Resolution Program. In recent years, the Journal has aspired to become a leading publisher of scholarship on alternative dispute resolution (ADR) and has published many important articles by top legal educators and practitioners in the field.