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Full-Text Articles in Law
Mediation Of Environmental Enforcement: Overcoming Inertia, Bruce Stiftel, Neil G. Sipe
Mediation Of Environmental Enforcement: Overcoming Inertia, Bruce Stiftel, Neil G. Sipe
Journal of Dispute Resolution
This Article aims to examine the claims for the usefulness of environmental mediation in the context of enforcement through consideration of two environmental enforcement cases processed by the Florida Department of Environmental Regulation (DER) during 1990-1991. Specifically outlined is a pilot mediation program designed to improve the resolution of the cases. Next, two DER cases are described and compared, in detail; the two cases are quite similar except that one underwent mediation and one did not. Finally, this Article draws conclusions about environmental enforcement dispute resolution processes. Particularly examined is the success of mediation at overcoming the reluctance of environmental …
Mediation And Joke Design: Resolving The Incongruities , John M. Cooley
Mediation And Joke Design: Resolving The Incongruities , John M. Cooley
Journal of Dispute Resolution
The purposes of this Article are: (1) to highlight some of these new discoveries; (2) to discuss their implications for mediators generally, particularly toward achieving super-optimum resolutions of conflict; (3) to explore the relationship of these discoveries to the brain's bilateral functions, creativity, and the process of humor and joke design; (4) to suggest techniques, based on joke design, for altering conflict frames of disputants; and (5) to suggest directions for further experimentation and research. Although the interrelationships among the separate topics presented here may not be immediately discernible, the seeming incongruities will be resolved in Part VIII
Leading Horses To Water: May Courts Which Have The Power To Order Attendance At Mediation Also Require Good-Faith Negotiation - Decker V. Lindsay, Charles J. Mcpheeters
Leading Horses To Water: May Courts Which Have The Power To Order Attendance At Mediation Also Require Good-Faith Negotiation - Decker V. Lindsay, Charles J. Mcpheeters
Journal of Dispute Resolution
Settlement is a favorite of the law,4 and courts encourage it as a social good which may even outweigh other important policy considerations.5 Reasons for this favoritism include a desire to avoid the time-consuming uncertainty and cost of litigation,6 settlement's contributions to the efficient use of the court system,7 and a general wish for peaceful resolution of controversies.
Confidentiality In Mediation: A Moral Reassessment, Kevin Gibson
Confidentiality In Mediation: A Moral Reassessment, Kevin Gibson
Journal of Dispute Resolution
In discussing mediation confidentiality, it appears that different commentators address different issues. For example, some commentaries discuss only court ordered mediation while others consider the possibility of any intervention by a neutral to be mediation, and hence under scrutiny. There is also disagreement about what should be protected: pre-mediation screening calls, post session discussions among mediators and their supervisors and so on.5 In order to keep the discussion as broad and inclusive as possible, I will use "mediation" to refer to any organized intervention by an impartial third party and to any part of that process. Although some may consider …