Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
We Can Settle This Here Or Downtown: Mediation Or Arrest For Domestic Violence Calls - Eagleston V. Guido, Dale T. Smith
We Can Settle This Here Or Downtown: Mediation Or Arrest For Domestic Violence Calls - Eagleston V. Guido, Dale T. Smith
Journal of Dispute Resolution
Mediation policies may serve as a way for victims of equal protection violations to be compensated if a state worker invokes the defense of qualified immunity to avoid liability.' However, if the state worker is a police officer and is "following orders" by acting under a custom or policy devised or enforced by a superior, a party might be able to claim an equal protection violation under 42 U.S.C. § 1983 and sue the officer's superior.' A police officer's use of qualified immunity came into question in Eagleston v. Guido.' In Eagleston, the use of mediation practices to deal with …
Diversity Issues In Mediation: Controlling Negative Cultural Myths, Isabelle R. Gunning
Diversity Issues In Mediation: Controlling Negative Cultural Myths, Isabelle R. Gunning
Journal of Dispute Resolution
This article (by a concerned supporter) explores this criticism of mediation. Part II surveys the critics who argue that mediation's informality and lack of procedure disadvantages members of minority groups and women. Part II then takes the next step that the critics have not taken, explaining how mediation could affect adversely disadvantaged groups. Part III suggests solutions to the problem which involve a greater level of mediator intervention than is generally accepted and defends these solutions.
Enforceability Of An Agreement To Submit To A Non-Arbitral Form Of Dispute Resolution: The Rise Of Mediation And Neutral Fact-Finding - Annapolis Professional Firefighters Local 1926 V. City Of Annapolis, The, Tim K. Klintworth
Journal of Dispute Resolution
Agreements between employers and unions frequently specify a form of alternate dispute resolution to be utilized in the event of a future dispute. Annapolis addresses the issue of the enforceability of a written agreement to submit future disputes to some form of non-arbitral resolution such as mediation or neutral-fact finding.
Mediation Privilege's Transition From Theory To Implementation: Designing A Mediation Privilege Standard To Protect Mediation Participants, The Process And The Public Interest, The, Alan Kirtley
Journal of Dispute Resolution
This article will analyze the developing law of the mediation privilege. To begin with, the attributes and uses of the mediation process and the function of confidentiality in mediation will be examined. The existing legal means to protect mediation confidentiality, short of a privilege, will also be reviewed. Then an analysis of policy considerations underlying evidentiary privileges generally will be followed by an assessment of the theoretical underpinnings for a mediation privilege. Finally, a critique of the various forms taken by new mediation privilege statutes and rules will be undertaken. The State of Washington's mediation privilege statute 2 will serve …