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Mediation

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Articles 751 - 780 of 783

Full-Text Articles in Dispute Resolution and Arbitration

The Represented Client In A Settlement Conference: The Lessons Of G. Heileman Brewing Co. V. Joseph Oat Corp., Leonard L. Riskin Jan 1991

The Represented Client In A Settlement Conference: The Lessons Of G. Heileman Brewing Co. V. Joseph Oat Corp., Leonard L. Riskin

UF Law Faculty Publications

This Article sets out various perspectives that litigants, lawyers and judges commonly bring to settlement conferences, perspectives on lawyer-client relations, negotiation, and the role of the judicial host. In examining the opinions in the Heileman case, along with other materials, the Article attempts to uncover the underlying assumptions about the settlement conference that informed the behavior of the judges and lawyers in that case, arguing that Heileman's explanation lies in the lawyers' and judges' tendency to embrace one of two radically different visions of the settlement conference. The Article then catalogs the advantages and disadvantages of involving clients in settlement …

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Consumer Problems And Adr: An Analysis Of The Federal Trade Commission-Ordered General Motors Mediation And Arbitration Program, Arthur Best Jul 1990

Consumer Problems And Adr: An Analysis Of The Federal Trade Commission-Ordered General Motors Mediation And Arbitration Program, Arthur Best

Journal of Dispute Resolution

This Article evaluates a controversial mediation and arbitration program established by General Motors (GM) for owners of certain cars. It began in 1984, under the terms of a Federal Trade Commission (FTC) consent order settling charges that GM had deceptively failed to inform buyers that particular models of cars contained components that had unusually low durability. When the settlement was proposed, debate centered on whether the public interest would be served best by: 1) creation of mediation and arbitration opportunities for individual owners; or 2) prosecution of a single action seeking uniform compensation for all owners. One commissioner feared that …

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Mediation And Medical Malpractice Disputes: Potential Obstacles In The Traditional Lawyer's Perspective, Andrew Mcmullen Jul 1990

Mediation And Medical Malpractice Disputes: Potential Obstacles In The Traditional Lawyer's Perspective, Andrew Mcmullen

Journal of Dispute Resolution

This Comment will examine the applicability of mediation in the resolution of medical disputes and the advantages its proponents assert can be achieved with its use. The focus, however, will be upon the lawyer's perspective towards this alternative method and the obstacles that may be present which would impede or prevent the success of mediation.

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Book Review , Rona L. Pietrzak Jul 1990

Book Review , Rona L. Pietrzak

Journal of Dispute Resolution

ANATOMY OF MEDIATION is a case study of a contract dispute between an opera company and a musicians' union. The facilitated negotiations, which take place over ten days, are presented in the form of an annotated transcript which is introduced by a summary of the four primary purposes of the mediator 5 and the twenty-five topics which are used to accomplish these central purposes. The case study is presented and then dissected in detail in order to describe what the authors call the "keys to success".6 Finally, mini-case studies are used to portray a complex business dispute, a sexual harassment …

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When Your Law Firm Wants A Divorce: Mediating The Dissolution Of Law Firms, Brian K. Asberry Jul 1990

When Your Law Firm Wants A Divorce: Mediating The Dissolution Of Law Firms, Brian K. Asberry

Journal of Dispute Resolution

Part II of this Comment will discuss in detail the two primary issues facing a law firm that is dealing with dissolution: property division and "custody" of the firm's clients upon dissolution. 15 Part III will review the Pennsylvania Bar Association Program and examine the successes enjoyed by the program. Part IV will look at the benefits of using mediation in firm dissolutions and analyze the advantages between alternative dispute resolution and litigation

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Book Reviews, Michele S. G. Hermann Jan 1990

Book Reviews, Michele S. G. Hermann

Journal of Dispute Resolution

Two new introductory books on mediation have been published within the last year. ANATOMY OF MEDIATION1 is co-authored by veteran labor arbitrator Sam Kagel, who has been practicing and writing about resolving labor-management disputes for 45 years,2 and Kathy Kelly, also a labor arbitrator and author in the field.3 MEDIATE, DON'T LITIGATE4 is written by Peter Lovenheim, a New York lawyer who is former legal counsel and program director for the Center for Dispute Settlement, a public mediation center in Rochester, New York

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Conflict Resolution In Industrial Relations, Theodore J. St. Antoine Jan 1989

Conflict Resolution In Industrial Relations, Theodore J. St. Antoine

Book Chapters

Only about one-fifth of the American labor force is unionized. With certain important exceptions, therefore, no formal machinery exists to resolve the various disputes that arise between a majority of the country's workers and their employers. The exception, which will not be treated in detail in this study, relate to (1) the right to organize into unions, which has been protected in most of the private sector since 1935 by the National Labor Relations Act and in the public sector since the 1960s by federal law and regulation covering U.S. Government employees and by statutes in about thirty states covering …

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How Existing Procedures Shape Alternatives: The Case Of Grievance Mediation, Deborah M. Kolb Jan 1989

How Existing Procedures Shape Alternatives: The Case Of Grievance Mediation, Deborah M. Kolb

Journal of Dispute Resolution

Mediation is one of the oldest and most ubiquitous forms of conflict resolution in American society and throughout the world. Traditionally a prominent adjunct to labor and international negotiation, mediation is now used in divorce, family, civil, consumer, commercial and employee relations, environmental planning and siting, and the development of governmental procedures and regulations.' As mediation has penetrated into these new areas of social life, curiosity about the practice of mediation, that is, what mediators actually do to bring about settlement, has increased.

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Child Custody Mediation: A Proposed Alternative To Litigation, Terri Garner Jan 1989

Child Custody Mediation: A Proposed Alternative To Litigation, Terri Garner

Journal of Dispute Resolution

Section II of this article describes the historical framework from which child custody mediation has developed. Section III discusses the process and procedures normally followed by a mediator in order to assure maximum, effective results. Section IV explains the role of the mediator including ethical considerations and problems faced by attorneys who wish to mediate the custody disputes of divorcing couples. Section V sets forth the results and conclusions of the Denver Custody Mediation Project (Denver Project), an influential study that has become the basis of encouraging mediation throughout the nation. Finally, Section VI discusses the advantages and disadvantages of …

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Mediation Interventions And Restorative Potential: A Case Study Of Juvenile Restitution, Harry Mika, Kimberley Cole, Anmarie Aylward Jan 1989

Mediation Interventions And Restorative Potential: A Case Study Of Juvenile Restitution, Harry Mika, Kimberley Cole, Anmarie Aylward

Journal of Dispute Resolution

This paper explores a far less prevalent variant of juvenile restitution, distinguished by the use of mediation to reconcile victims and offenders and to establish the specific terms of restitution by consensus. In addition to general discussions of restitution and mediation, a more focused descriptive profile of mediation interventions in juvenile restitution for Dallas, Texas, is presented. Drawing from case materials and the direct involvement of the authors as third party neutrals in juvenile restitution, the mediation component of this program is further scrutinized for its adequacy for addressing needs of victims and offenders within what Zehr identifies as retributive …

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Book Review , Nanette K. Laughrey Jan 1988

Book Review , Nanette K. Laughrey

Journal of Dispute Resolution

As the practice of divorce mediation continues to grow, more and more professionals need training and literature to develop skills and perspective. A welcome addition to their libraries will be Divorce Mediation: Theory and Practice, edited by Jay Folberg and Ann Milne. In the preface, the editors explain that the purpose of the book is to examine divorce mediation from an interdisciplinary perspective. They achieve this goal with a series of articles written by professionals from such diverse fields as anthropology, sociology, psychology, law, and social work. Each article examines a different aspect of divorce mediation and provides the special …

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Mediation Of Victim Offender Conflict , Mark S. Umbreit Jan 1988

Mediation Of Victim Offender Conflict , Mark S. Umbreit

Journal of Dispute Resolution

This article will attempt to not only describe the process of applying mediation techniques in victim offender conflict, but to also examine the extent to which it may be similar to other applications of mediation. Specific areas to be addressed in this article include: an overview of the victim offender mediation process; client satisfaction with a victim offender mediation program in Minnesota; the meaning of fairness to victims in mediation; and a comparison with the traditional definition of mediation.

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Mediation In Debtor/Creditor Relationships, Edward A. Morse Jan 1987

Mediation In Debtor/Creditor Relationships, Edward A. Morse

University of Michigan Journal of Law Reform

Two states that have substantial interests in agricultural debtor/creditor relationships have attempted to limit the social and economic costs of prematurely terminating the debtor/creditor relationship. Iowa and Minnesota have adopted a statutory requirement that the creditor offer to submit to mediation prior to taking any debt collection action against an agricultural borrower. This Note argues that requiring creditors to offer mediation as a statutory prerequisite to debt collection is an effective means of reducing the social and economic costs of the premature termination of a debtor/creditor relationship in business contexts. Part I examines the conceptual foundations of the mediation process …

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Custody Disputes - Evaluation And Intervention, Alastair Bissett-Johnson Jan 1987

Custody Disputes - Evaluation And Intervention, Alastair Bissett-Johnson

Dalhousie Law Journal

Mediation of custody disputes has become a "buzz" word of late. The duty of lawyers to discuss with clients the possibility of mediation is referred to in the new Divorce Act However, little research is available and this book is therefore a valuable contribution to the Canadian literature on dealing with custody disputes.

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Mediating With A Powerful/Competitive Couple: Michael And Debbie, John M. Haynes Jan 1987

Mediating With A Powerful/Competitive Couple: Michael And Debbie, John M. Haynes

Journal of Dispute Resolution

The behavior of the mediator is situational. That is, s/he not only uses specific strategies that are appropriate to each situation during the mediation, s/he also behaves differently depending on the overall dynamics of the parties. If both parties are equally powerful and competitive, the mediator tends to be more controlling and engage in direct control activities that are not explained to the parties. If the parties appear to be fragile and/or depressed, the mediator will be less controlling, seek to gain their permission for strategies to empower them, and move more slowly through the process.

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Grievance Mediation Of Contracual Disputes In Public Education, Sylvia Skratek Jan 1987

Grievance Mediation Of Contracual Disputes In Public Education, Sylvia Skratek

Journal of Dispute Resolution

This summary provides an overview of the findings of the study. There are, of course, many findings in the body of the report which are not summarized here, and interested readers are encouraged to examine the full report for these details.

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Healing Angry Wounds: The Roles Of Apology And Mediation In Disputes Between Physicians And Patients, Ann J. Kellett Jan 1987

Healing Angry Wounds: The Roles Of Apology And Mediation In Disputes Between Physicians And Patients, Ann J. Kellett

Journal of Dispute Resolution

This country is in the midst of what has been identified as a medical malpractice "crisis."' A similar "crisis" was recognized over a decade ago. 2 In both eras, rates for medical liability insurance soared, 3 frequency and severity of claims reportedly increased, 4 and damage awards spiralled.' Decreased availability of malpractice insurance coverage, 6 and its increased cost, threatened availability of physician services in certain specialties and geographic areas.

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Bandwagon Is Rolling: Adr Demands And Thrives On Lawyers Creative Thinking, Christine D. Ver Ploeg Jan 1987

Bandwagon Is Rolling: Adr Demands And Thrives On Lawyers Creative Thinking, Christine D. Ver Ploeg

Faculty Scholarship

The ADR (alternative dispute resolution) bandwagon is rolling. Clients are becoming disenchanted with traditional litigation, and they're hearing about ADR. ADR has three broad categories: mediation, the mini-trial, and arbitration. Attorneys can provide a real service to clients by being familiar with and developing skills in ADR.

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Mediation: A Comprehensive Guide To Resolving Conflicts Without Litigation, Nancy T. Gardner Apr 1986

Mediation: A Comprehensive Guide To Resolving Conflicts Without Litigation, Nancy T. Gardner

Michigan Law Review

A Review of Mediation: A Comprehensive Guide to Resolving Conflicts Without Litigation by Jay Folberg and Alison Taylor

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New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember Jan 1986

New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember

Touro Law Review

No abstract provided.

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A Consideration Of Alternatives To Divorce Litigation, Thomas E. Carbonneau Jan 1986

A Consideration Of Alternatives To Divorce Litigation, Thomas E. Carbonneau

Journal Articles

This article argues for the need to inform divorce proceedings with a sense of the human reality of matrimonial breakdown. Part one assesses the adequacy of the existing adjudicatory approach to divorce by focusing upon the hiatus between the legal approach to divorce and the emotional content of divorce disputes. Part two lays the foundation for constructive change, providing a statistical portrait of divorce in contemporary America. Part four discusses mediation and suggests that it is a more viable alternative mechanism to divorce litigation. Part five discusses the implementation of a judicial arbitration structure.

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Adr And Civil Procedure: A Chapter Or An Organizing Theme?, Bryant G. Garth Jan 1986

Adr And Civil Procedure: A Chapter Or An Organizing Theme?, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

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Lessons From The Alternative Dispute Resolution Movement, Jethro K. Lieberman Jan 1986

Lessons From The Alternative Dispute Resolution Movement, Jethro K. Lieberman

Articles & Chapters

In less than a decade, alternative dispute resolution- ADR-has grown from a bravely-voiced hope to a congeries of practices animated by the desire to resolve legal battles outside the courtroom. ADR offers a way-station, or a series of them, between the probity of the adversary system and the flexibility of private negotiations. Though not without an ideology, ADR has never had a unified theory to explain what it accomplishes and how it works. But enough experience has accumulated by now to permit a search for a more analytical understanding of ADR and the lessons it might teach.

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Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson Jan 1985

Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson

University of Michigan Journal of Law Reform

In this essay I analyze some of the emotional events that occur during mediation and negotiation; the analysis may help us understand many of the problems that arise during the development and application of these legal practice skills. Following the analysis I present a few suggestions about how this teaching might best be accomplished.

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Patterns Of Bias In Mediation, Christopher Honeyman Jan 1985

Patterns Of Bias In Mediation, Christopher Honeyman

Journal of Dispute Resolution

The last few years' discussion of mediation is imbued with a certain "born again" quality. The enthusiasm is understandable in view of the attractive features of this process; but it has obscured the facts that no process works well for everyone, and that for some people, mediation is worse than useless. In view of the general tide of professional opinion that mediation is a "better" process for resolving disputes, qualifications and reservations are easily enough overlooked, and "better for whom?" is not a particularly popular question

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Mediator Expectations And Professional Training: Implications For Teaching Dispute Resolution, Raymond Albert Jan 1985

Mediator Expectations And Professional Training: Implications For Teaching Dispute Resolution, Raymond Albert

Journal of Dispute Resolution

Thus, this study explores the following questions within the context of landlord-tenant disputes: What are mediator role expectations? Do these vary depending on the mediator's professional training? What are the implications for the teaching of disputes resolution?

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Mediation Paradigms And Professional Identities: Can Mediators Activate A New Movement For Justice?, John M. Lande Jun 1984

Mediation Paradigms And Professional Identities: Can Mediators Activate A New Movement For Justice?, John M. Lande

Faculty Publications

This article, written early in the modern ADR era, provided a framework for developing the mediation field. It begins by elaborating William Simon’s critique of the “ideology of advocacy.” Simon argues that the adversary system is supposed to foster values of individuality, autonomy, responsibility, and dignity, but it often undermines those values in practice. This article catalogs a “parade of horribles” experienced by disputants, attorneys, judges, and the public. These include unequal access to justice, procedural rules that frustrate substantive justice, a narrow set of available remedies, a game psychology undermines respect for law and justice, parties’ alienating experience in …

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Self-Help: Extrajudicial Rights, Privileges And Remedies In Contemporary American Society, Douglas I. Brandon, Melinda L. Cooper, Jeremy H. Greshin, Alvin L. Harris, James M. Head, Jr., Keith R. Jacques, Lea Wiggins May 1984

Self-Help: Extrajudicial Rights, Privileges And Remedies In Contemporary American Society, Douglas I. Brandon, Melinda L. Cooper, Jeremy H. Greshin, Alvin L. Harris, James M. Head, Jr., Keith R. Jacques, Lea Wiggins

Vanderbilt Law Review

This Special Project examines the myriad forms of self-help currently available to persons in American society. It groups and discusses notable self-help rights, privileges, and remedies under topical classifications that parallel traditional jurisprudential categories. Parts H through VI of the Special Project sketch the legally fashioned contours and explore the legal, social, and political consequences of self-help methods in tort law, criminal law and law enforcement, commercial transactions, landlord-tenant relations,and family law matters. Part VII explores the attorney's role in the development and implementation of curative self-help procedures such as mediation. Special Project concludes by examining the function, mechanisms, and …

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Reforming At-Will Employment Law: A Model Statute, Liana Gioia, Per Ramford Jan 1983

Reforming At-Will Employment Law: A Model Statute, Liana Gioia, Per Ramford

University of Michigan Journal of Law Reform

Effective relief for at-will employees can only be achieved through statutory reform. Although specific legislation has been proposed on the federal

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Litigation And Mediation In Thailand, Sally Falk Moore Mar 1979

Litigation And Mediation In Thailand, Sally Falk Moore

Michigan Law Review

A Review of Code and Custom in a Thai Provincial Court by David M. Engel

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