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Collaborative Lawyering: A Closer Look At An Emerging Practice, William H. Schwab
Collaborative Lawyering: A Closer Look At An Emerging Practice, William H. Schwab
Pepperdine Dispute Resolution Law Journal
A critical analysis of collaborative law (CL) is only now beginning, and should be based on actual, not hypothetical information about the practice and its impact on clients as courts, the bar, and the public begin to digest the idea of CL. This Article intends to present a more comprehensive picture of collaborative practice than is currently available, to better inform the ongoing conversation about what role CL will play in the legal system. Toward that end, the following sketches some basic questions about CL, and provides some preliminary answers. Part I recounts the origin of CL and introduces the …
Illusory Ethics: Legal Barriers To An Ombudsman's Compliance With Accepted Ethical Standards, Scott C. Van Soye
Illusory Ethics: Legal Barriers To An Ombudsman's Compliance With Accepted Ethical Standards, Scott C. Van Soye
Pepperdine Dispute Resolution Law Journal
There are five general types of ombudsmen: classical, executive, corporate, educational, and newspaper. The first two types are appointed by governmental entities, while the last three are associated with private organizations. The American Bar Association has identified a sixth type of ombudsman, the advocate, whose responsibility it is to protect a vulnerable population, such as children or residents of long-term care facilities. But because the advocate ombudsman is appointed by the government, he or she is either a legislative or an executive ombudsman, and there is no reason to create a separate category. As the ombudsman concept has spread, professional …
Joining Forces In Search For Answers: The Use Of Therapeutic Jurisprudence In The Realm Of Mediation Ethics , Omer Shapira
Joining Forces In Search For Answers: The Use Of Therapeutic Jurisprudence In The Realm Of Mediation Ethics , Omer Shapira
Pepperdine Dispute Resolution Law Journal
The Mediation process is part of the Alternative Dispute Resolution movement (ADR) whose modern history begins at the end of the 1970s. Therapeutic Jurisprudence (TJ) is a younger movement which has started to gain recognition in the 1990s. The two schools of thought share similarities, a fact which makes their study beneficial for both. This article explores some of those similarities in order to evaluate the possible contribution of TJ to mediation ethics. What is sought is a normative reading of the mediation process with the aid of the therapeutic lens. Such reading suggests, so it is argued, behavioral guidelines …