Law Commons^™

Learning From Practice: What Adr Needs From A Theory Of Justice, Katherine R. Kruse

Nevada Law Journal

No abstract provided.

The Lawyer's Role(S) In Deliberative Democracy, Carrie Menkel-Meadow

Nevada Law Journal

No abstract provided.

A Plumber Responds To The Philosophers: A Comment On Professor Menkel-Meadow's Essay On Deliberative Democracy, Philip J. Harter

Nevada Law Journal

No abstract provided.

Look Before You Leap And Keep On Looking: Lessons From The Institutionalization Of Court-Connected Mediation, Bobbie Mcadoo, Nancy A. Welsh

Nevada Law Journal

No abstract provided.

Lawyers, Democracy And Dispute Resolution: The Declining Influence Of Lawyer-Statesmen Politicians And Lawyerly Values, Jeffrey W. Stempel

Nevada Law Journal

No abstract provided.

The Market For Private Dispute Resolution Services--An Empirical Re-Assessment Of Icann-Udrp Performance, Jay P. Kesan, Andres A. Gallo

ExpressO

The impressive growth of the Internet in the 1990s and the boom of the e-economy generated a competition for domain names in the most coveted of the top level domain names, i.e., the .com space. The other original generic top-level domain names (gTLDs) open to commercial use, .org, and .net, were also in demand from businesses. Other types of top-level domain names, especially the country code TLDs (ccTLDs), were of little commercial value, and their registrations were not as important as the gTLDs.

In 1997, partly because of the expansion of the Internet to the international sphere, the U.S. government …

The Vanishing Trial Report, John M. Lande

Faculty Publications

Some in the alternative dispute resolution community are afraid that ADR will be blamed for the apparent disappearance of trials. A close look at the data, however, suggests that changing patterns of litigation are not necessarily bad and that the growth of ADR is probably as much a result of these changes as a cause of them.

The Place Of Court-Connected Mediation In A Democratic Justice System, Nancy A. Welsh

Faculty Scholarship

A justice system, and the processes located within it, ought to deliver justice. That seems simple enough. But, of course, delivering justice is never so simple. Justice and the systems that serve it are the creatures of context.

This Article considers mediation as just one innovation within the much larger evolution of the judicial system of the United States. First, this Article outlines how the values of democratic governance undergird our traditional picture of the American justice system, presumably because the invocation of such values helps the system to deliver something that will be respected by the nation’s citizens as …

Mindfulness: Foundational Training For Dispute Resolution, Leonard L. Riskin

UF Law Faculty Publications

This Article addresses the problem of mindlessness in counseling, negotiating, and mediating, and offers potential solutions and recommendations for developing foundational capacities through training in mindfulness meditation.

Stepping Back Through The Looking Glass: Real Conversations With Real Disputants About Institutionalized Mediation And Its Value, Nancy A. Welsh

Faculty Scholarship

This Article describes what a group of real disputants perceives as most valuable about agency-connected mediation before, soon after, and eighteen months after they participated in the process. The Article is based primarily upon qualitative data from in-depth interviews with parents and school officials who participated in special education mediation sessions. Though the specific context of these interviews is obviously important, these disputants and their disputes share many commonalities with disputants and disputes in other contexts and, as a result, these disputants' views have relevance for the broader field of mediation.

These interviews suggest that both before and after disputants …

Using Adr To Resolve Online Disputes, Aashit Shah

Richmond Journal of Law & Technology

In the context of the Internet, where parties located in different corners of the world can contract with each other at the click of a mouse, litigation of online disputes is often inconvenient, impractical, time-consuming and prohibitive. Providing an alternative approach to resolve online disputes might assist in redressing grievances and gaining consumer confidence in e-commerce. Alternative Dispute Resolution (ADR) is an appurtenant candidate for such an approach. The Virtual Magistrate Project, launched in 1996, initiated the idea of using ADR to resolve Internet-related disputes. The joint statement promoting the use of ADR in cyberspace, made by the European Union …

Mediation: Ein Meta Modell, Nadja Alexander

Research Collection Yong Pung How School Of Law

The Mediation Meta-Model introduced in this article provides a framework for understanding a range of mediation practice models and their relationship to each other and to other ADR processes. It extends the work of Riskin in two ways: first by revising the dimensions of his original Grid to form a Mediation Meta-Model and second, by identifying and labeling a range of practice models within this Meta-Model. The practice models draw from Boulle\u27s work and extend Boulle\u27s four primary models to five. This Meta-Model is developmental insofar as it has the ability to accommodate emerging and changing practice models of mediation. …

Divorce Child Custody Mediation: In Order To Form A More Perfect Disunion , Ben Barlow

Cleveland State Law Review

The adversarial process serves its purpose in our society; however, that does not mean that there are not better ways to handle specific cases. To that end, nonadversarial systems offer tremendous potential in civil litigation, in governmental relations, in neighborhood and family conflicts, and, especially, in divorce child custody cases. If mediation statutes are contemplated for the sole purpose of judicial economy, discretionary statutes are sufficient. For the true value of mediation to be experienced, however, a mandatory scheme containing safeguards for cases involving domestic violence should be implemented.Understandably, many mediators are leery of the effect that mandatory schemes have …

Teaching And Learning From The Mediations In Barry Werth's Damages, Leonard L. Riskin

UF Law Faculty Publications

This essay is based primarily on materials the author developed for courses taught at the University of Missouri-Columbia, School of Law, in the winter 2002 and 2003 semesters, based on Barry Werth's book, "Damages."

Workplace Mediation: The First-Phase, Private Caucus In Individual Discrimination Disputes, Emily M. Calhoun

Publications

No abstract provided.

Adr Ethics, Scott R. Peppet

Publications

No abstract provided.

Adr And The 'Vanishing Trial': The Growth And Impact Of 'Alternative Dispute Resolution', Thomas J. Stipanowich

Thomas J. Stipanowich

In the past quarter-century, significant changes have occurred in the ways lawyers approach conflict. There have been unprecedented efforts to develop strategies aimed at more efficient, less costly, and more satisfying resolution of conflict, including more extensive and appropriate use of mediation and other “alternative dispute resolution” (ADR) approaches. This study examines what we know and do not know about the growth and impact of ADR in federal and state courts, in the business sector, and in employment and consumer settings. The analysis examines the relationship between ADR and court trial, but also underlines the broader uses of and rationale …

Better To Have Tried And Failed Than Never To Have Tried Mediation At All: Implications Of Mandatory Mediation In Fisher V. Ge Medical Systems, Adam Epstein

Adam Epstein

A discussion of the 2003 case, Fisher v. GE Medical Systems that helped to shape the issue of whether or not mandatory mediation clauses in employment handbooks constitute “arbitration” under the Federal Arbitration Act (FAA). Several courts in different jurisdictions have interpreted arbitration and mediation as the same, especially in circumstances involving the Fair Labor Standards Act (FLSA).