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Articles 1 - 30 of 33
Full-Text Articles in Law
From Common Law To Civil Law Jurisdictions: Court Adr On The Move In Germany, Nadja Alexander
From Common Law To Civil Law Jurisdictions: Court Adr On The Move In Germany, Nadja Alexander
Research Collection Yong Pung How School Of Law
In Australia today, ADR processes are recognised not only as a distinct system of dispute resolution, but also as a system that interacts interdependently with the legal system. This is most clearly demonstrated in the context of court-related mediation, which is increasingly seen as an effective way to increase access to, participation in, and satisfaction with the way legal disputes are resolved. Cappelletti categorises ADR as the third wave in the worldwide access-to-justice movement. ADR provides a different approach and a different sort of justice for solving disputes — what Cappelletti labels ‘co-existential justice’.
Mediation And Conciliation As Alternative Means Of Settleing International Disputes, Sompong Sucharitkul
Mediation And Conciliation As Alternative Means Of Settleing International Disputes, Sompong Sucharitkul
Publications
An endeavour will be made in this article to present two distinct methods of international dispute settlement, namely, mediation and conciliation. The presentation will be done from an international and comparative standpoint, inevitably retaining an Asian perspective in its global survey. Observations will be concentrated on these two procedures for the resolution of international conflicts. In this chapter, the terms 'dispute' and 'conflict' are used interchangeably. So also are the terms 'settlement' and 'resolution'.
Mediation In Black And White: Unequal Distribution Of Empowerment By Police, Christopher C. Cooper
Mediation In Black And White: Unequal Distribution Of Empowerment By Police, Christopher C. Cooper
Christopher C. Cooper Dr.
Mediation in Black & White: Unequal Distribution of Empowerment by Police. On calls-for-service involving an interpersonal disputes, patrol Police officers either arbitrate the matter (e.g., authoritarian directives or arrest) or empower disputing parties to reach a collective resolutiuon; however whether the latter is availabe to disputing parties depends on their race.
What's Law Got To Do With It: Mapping Modern Mediation Movements In Civil And Common Law Jurisdictions, Nadja Alexander
What's Law Got To Do With It: Mapping Modern Mediation Movements In Civil And Common Law Jurisdictions, Nadja Alexander
Research Collection Yong Pung How School Of Law
Context defines mediation and has a direct impact on how it is practised. National legal contexts reveal historically embedded systemic differences that can provide insights into the reasons behind the rapid expansion of mediation in common law jurisdictions, and the comparatively hesitant development of mediation in civil law jurisdictions. In this article I consider the legal and political forces behind the modern mediation movements in Australia and Germany: two countries that represent the common law and the civil law traditions respectively.
Mediation And Domestic Violence: A Practical Screening Method For Mediators And Mediation Program Administrators, Alexandria Zylstra
Mediation And Domestic Violence: A Practical Screening Method For Mediators And Mediation Program Administrators, Alexandria Zylstra
Journal of Dispute Resolution
Presented with such a dearth of standard practices and literature, family mediators have little guidance in whether and how to address cases involving domestic violence. Thus, this article sets forth a mediation screening framework that mediators and mediation program administrators can use to evaluate whether cases are appropriate for regular mediation (joint session without special safety measures), some modified form of mediation, or should be excluded from mediation. Such a method will better ensure a safe and fair mediation experience. Part II briefly examines the controversy surrounding the mediation of cases involving domestic violence, concluding that the arguments against mediating …
A Forum For Women's Voices: Mediation Through A Feminist Jurisprudential Lens, Kate Mccabe
A Forum For Women's Voices: Mediation Through A Feminist Jurisprudential Lens, Kate Mccabe
Northern Illinois University Law Review
This article explores the potential that mediation offers to women as a forum to tell their stories in their own voices. Part I explains the process of mediation. Part II examines the interplay of law, mediation and women, suggesting that the adversarial system has failed to acknowledge women and neglected to hear their voices or listen to their stories. This section also investigates the role of mediation within the legal system and the dangers adherent in that position. Part III introduces feminism and feminist jurisprudence. Part IV looks at mediation as an alternative process and explores the vitality of an …
Be Careful What You Say In Mediation - Indiana Supreme Court Rules That Oral Settlement Agreements Reached In Mediation Must Be In Writing To Be Enforceable - Kirk E. And Martha Vernon V. Adam J. Acton, Garrett S. Taylor
Journal of Dispute Resolution
When parties use mediation as an alternative to litigation, they generally expect the agreement will be binding upon the parties and confidential. However, the parties must ensure that the agreement they reach is reduced to writing or the agreement may not be enforceable. Furthermore, certain things said during the mediation session may be admissible in future litigation proceedings. The Indiana Supreme Court, in Vernon v. Acton, held that until mediation agreements are reduced to writing and signed by the parties, they must be considered compromise settlement negotiations under the applicable evidence rules and are not admissible as evidence of an …
Mediation In Black And White: Mediation Center-Police Partnerships - A Dignified Police Response, Christopher C. Cooper Dr.
Mediation In Black And White: Mediation Center-Police Partnerships - A Dignified Police Response, Christopher C. Cooper Dr.
Christopher C. Cooper Dr.
Police Officers assigned to Patrol duties can use mediation skills to address calls-for-service involving interpersonal disputes. The research shows that whether or not police use mediation or a similar methodology to resolve a dispute may depend on the race, ethnicity or social class of the complaining parties. Finally, police mediation [center] partnerships must be employed in such a way that community members are empowered by law enforcement to help themselves.
From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander
From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this article I will outline the development of modern mediation in Sri Lanka. I use the term mediation to mean facilitative mediation. Accordingly, for the purposes of this article, mediation does not include processes such as conciliation or evaluative mediation, which are used in Sri Lanka, for example in industrial dispute resolution practice.
From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander
From Communities To Corporations: The Growth Of Mediation In Sri Lanka, Nadja Alexander
Research Collection Yong Pung How School Of Law
In this article I will outline the development of modern mediation in Sri Lanka. I use the term mediation to mean facilitative mediation. Accordingly, for the purposes of this article, mediation does not include processes such as conciliation or evaluative mediation, which are used in Sri Lanka, for example in industrial dispute resolution practice.
Evaluation Of The Ontario Mediation Program (Rule 24.1) Final Report: The First 23 Months, Robert G. Hann, Carl Baar, Lee Axon, Susan Binnie, Frederick H Zemans
Evaluation Of The Ontario Mediation Program (Rule 24.1) Final Report: The First 23 Months, Robert G. Hann, Carl Baar, Lee Axon, Susan Binnie, Frederick H Zemans
Books
No abstract provided.
The Thinning Vision Of Self-Determination In Court-Connected Mediation: The Inevitable Price Of Institutionalization?, Nancy A. Welsh
The Thinning Vision Of Self-Determination In Court-Connected Mediation: The Inevitable Price Of Institutionalization?, Nancy A. Welsh
Faculty Scholarship
Ethical codes for mediators describe party self-determination as “the fundamental principle of mediation,” regardless of the context within which the mediation is occurring. The definition of self-determination, however, is a matter of dispute. Based on a review of the debate surrounding the promulgation and revision of ethical codes for court-connected mediators in Florida and Minnesota, this Article demonstrates that a vision of self-determination anchored in party-centered empowerment is yielding to a vision that is more reflective of the norms and traditional practices of lawyers and judges, as well as the courts’ strong orientation to efficiency and closure of cases through …
Mediation Research: Studying Transformative Effects, Joseph P. Folger
Mediation Research: Studying Transformative Effects, Joseph P. Folger
Hofstra Labor & Employment Law Journal
No abstract provided.
Transforming Conflict Interactions In The Workplace: Documented Effects Of The Usps Redress Program, James R. Antes, Joseph P. Folger Ph.D., Dorothy J. Della Noce
Transforming Conflict Interactions In The Workplace: Documented Effects Of The Usps Redress Program, James R. Antes, Joseph P. Folger Ph.D., Dorothy J. Della Noce
Hofstra Labor & Employment Law Journal
No abstract provided.
Transforming Workplace Culture Through Mediation: Lessons Learned From Swimming Upstream, Cynthia J. Hallberlin
Transforming Workplace Culture Through Mediation: Lessons Learned From Swimming Upstream, Cynthia J. Hallberlin
Hofstra Labor & Employment Law Journal
No abstract provided.
Transformative Mediation In The Usps Redress Program: Observations Of Adr Specialists, Lisa B. Bingham, Tina Nabatchi
Transformative Mediation In The Usps Redress Program: Observations Of Adr Specialists, Lisa B. Bingham, Tina Nabatchi
Hofstra Labor & Employment Law Journal
The transformative model of mediation, although well established in the mediation of family and community disputes, is a relatively new approach to dispute resolution in employment settings. In contrast to traditional mediation approaches that focus on problem-solving, transformative mediation seeks to provide opportunities for empowerment and recognition among the disputing parties. In 1998, the United States Postal Service ("USPS") implemented a nation-wide mediation program called REDRESS (TM) (Resolve Employment Disputes Reach Equitable Solutions Swiftly) based on this model. This study takes the form of a process evaluation. It focuses on this question: How well does employment mediation practice in the …
The Lawyer's Role In Institutionalizing Adr, Karen A. Intrater, Traci Gabhart Gann
The Lawyer's Role In Institutionalizing Adr, Karen A. Intrater, Traci Gabhart Gann
Hofstra Labor & Employment Law Journal
No abstract provided.
Handling Workplace Conflict: Why Transformative Mediation?, Robert A. Baruch Bush
Handling Workplace Conflict: Why Transformative Mediation?, Robert A. Baruch Bush
Hofstra Labor & Employment Law Journal
The several articles in this Symposium represent a unique and multifaceted examination of the largest workplace conflict mediation program in the United States-the United States Postal Service's ("Postal Service") REDRESS Tm Program. Begun on a pilot basis in 1994 as part of the settlement of a class-action discrimination lawsuit, REDRESST was subsequently expanded to a nationwide program for mediation of discrimination claims, available to all of the Postal Service's over 800,000 employees. However, it is not only the size of the REDRESSTM Program that makes it a remarkable development in the field of workplace conflict resolution-and the field of mediation …
When It's Not Apparent: Some Modest Advice To Parent Advocates For Students With Disabilities, Stephen A. Rosenbaum
When It's Not Apparent: Some Modest Advice To Parent Advocates For Students With Disabilities, Stephen A. Rosenbaum
Publications
In this article, I explore ways in which parents of children with disabilities can more effectively participate in educational decisionmaking and oversight. I begin by describing the federal special education statute, the IDEA (Individuals with Disabilities Education Act), as a set of procedural safeguards that are intended to result in meaningful educational benefit. IDEA's cornerstone is the individualized education program (IEP) for each child. The IEP, negotiated between school authorities and the child's family, is often an arduous and stressful process.
I first note the limitations of using litigation against local school districts as a tool to achieve aggregate or …
Mediation – Seven Fundamental Questions, John Wade
Mediation – Seven Fundamental Questions, John Wade
John Wade
In parts of many countries, mediation is a commonly used process for managing and resolving conflict. In many other places, mediation is virtually unknown in both practice and theory. People confuse mediation with meditation or medication. Why do these interesting anthropological variations exist? Why are the various forms of mediation relatively uncommon in Sweden?
A vast and growing literature is available on conflict management and mediation. This short comment will outline seven fundamental and recurring questions about mediation. Similar questions can be asked helpfully about every profession, including lawyering, plumbing and judging. Every lawyer should be able to answer these …
“Don’T Waste My Time On Negotiation And Mediation, This Dispute Needs A Judge.” Which Conflicts Need Judges? Which Conflicts Need Filing?, John Wade
John Wade
This article contains two parts. First, there is a framework aimed at encouraging lawyers and other conflict managers to be overtly analytical when deciding which interventions may or may not be helpful in a particular conflict. Second, to illustrate this analytical framework, there are two lists of factors or diagnostic indicators that suggest that certain conflicts probably need the decision of an umpire or judge and that certain other conflicts probably need written claims to be filed in a court or tribunal. This article does not attempt to create lists of factors that indicate the suitability of many other processes, …
Ethical Judgment And Interdisciplinary Collaboration In Custody And Child Welfare Cases, Deborah J. Weimer
Ethical Judgment And Interdisciplinary Collaboration In Custody And Child Welfare Cases, Deborah J. Weimer
Faculty Scholarship
No abstract provided.
The Lawyer's Philosophical Map And The Disputant's Perceptual Map: Impediments To Facilitative Mediation And Lawyering, Chris Guthrie
The Lawyer's Philosophical Map And The Disputant's Perceptual Map: Impediments To Facilitative Mediation And Lawyering, Chris Guthrie
Vanderbilt Law School Faculty Publications
Riskin's categorization of mediation has engendered much debate among academics and practitioners. Although most in the mediation community accept Riskin's positive assertion that mediation as currently practiced includes both facilitation and evaluation, a vocal group of purist critics rejects Riskin's pluralist view of mediation on normative grounds. These purist critics -- including such prominent mediator-scholars as Professors Kim Kovach, Lela Love," and Josh Stulberg -- argue that mediation is in fact, and should be, solely a facilitative process "designed to capture the parties' insights, imagination, and ideas that help them to participate in identifying and shaping their preferred outcomes." For …
The Institutionalization Of Mediation Developments In The Usa, Australia And Germany (In German), Nadja Alexander
The Institutionalization Of Mediation Developments In The Usa, Australia And Germany (In German), Nadja Alexander
Research Collection Yong Pung How School Of Law
No abstract provided.
Some Ethical Issues Surrounding Mediation, Robert P. Burns
Some Ethical Issues Surrounding Mediation, Robert P. Burns
Fordham Law Review
No abstract provided.
A Well-Founded Fear Of Prosecution: Mediation And The Unauthorized Practice Of Law, David A. Hoffman, Natasha Affolder
A Well-Founded Fear Of Prosecution: Mediation And The Unauthorized Practice Of Law, David A. Hoffman, Natasha Affolder
All Faculty Publications
To many mediators, "UPL" is an acronym with an increasingly ominous ring. This growing concern about the unauthorized practice of law (UPL) arises from reports around the country of charges filed against mediators who are not lawyers. These prosecutions - or in some cases warnings - are primarily directed at divorce mediators as a result of their drafting of detailed marital settlement agreements. However, all mediators have a reason to be concerned, because of uncertainties about what constitutes UPL in the context of mediation. This article surveys the legal terrain of UPL, and argues that it's time for new, clear …
Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery "Reform", Jeffrey W. Stempel
Ulysses Tied To The Generic Whipping Post: The Continuing Odyssey Of Discovery "Reform", Jeffrey W. Stempel
Scholarly Works
One need not be a charter member of the Critical Legal Studies Movement (“CLS”) to see a few fundamental contradictions in litigation practice in the United States. A prominent philosophical tenet of the CLS movement is that law and society are gripped by a “fundamental contradiction” and simultaneously seek to embrace contradictory objectives. Civil litigation, particularly discovery, is no exception: New amendments to the discovery rules are the latest example of this contradiction. Although the new changes are not drastic, they continue the post-1976 pattern of making discovery the convenient scapegoat for generalized complaints about the dispute resolution system. One …
Legislation Protecting Confidentiality In Mediation: Armor Of Steel Or Eggshells?, Aaron J. Lodge
Legislation Protecting Confidentiality In Mediation: Armor Of Steel Or Eggshells?, Aaron J. Lodge
Santa Clara Law Review
No abstract provided.
Mediation In Practice: Common Law And Civil Law Perspectives Compared, Nadja Alexander
Mediation In Practice: Common Law And Civil Law Perspectives Compared, Nadja Alexander
Research Collection Yong Pung How School Of Law
Australian mediation practice is thriving. Effective forms of mediation are practised in court-connected schemes, in the public sector, in the community justice sector and in the private business sector. Indeed, no industry is excluded from the application of mediation. In contrast, Hoffmann-Riem laments that despite many years of discussions about ADR (alternative dispute resolution) in Germany, mediation plays a marginal role only. Further, Labes states that 'ADR mechanisms are relatively obscure methods in Germany.' The comparison between Australia and Germany is particularly interesting because it considers both a common law and a civil law tradition. This essay will discuss the …
Labor Law Reform--Southern Africa, Sarah Christie
Labor Law Reform--Southern Africa, Sarah Christie
Case Western Reserve Journal of International Law
No abstract provided.