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Open Access. Powered by Scholars. Published by Universities.®

Civil Law

Journal

2010

Civil law

Articles 1 - 2 of 2

Full-Text Articles in Law

Introduction: 2008 Aba Section Of Litigation Access To Justice Symposium, Robert L. Rothman Jan 2010

Introduction: 2008 Aba Section Of Litigation Access To Justice Symposium, Robert L. Rothman

Fordham Urban Law Journal

The 2008 ABA Section of Litigation conducted a symposium designed to explore the challenges inherent in creation of a civil right to counsel and to generate critical though, dialogue, and scholarship on the subject.


Representation In Mediation: What We Know From Empirical Research, Roselle L. Wissler Jan 2010

Representation In Mediation: What We Know From Empirical Research, Roselle L. Wissler

Fordham Urban Law Journal

This Article first describes the proportion of unrepresented parties in mediation and the policies and practices regarding representation in different mediation contexts. The core of the Article examines the empirical findings on the effect of representation on several dimensions of the mediation process, including the effect on preparation for mediation, party perceptions of the fairness of the process and pressures to settle, the extent of party "voice" and participation in mediation, and the tone of the session. In addition, the Article examines the effect of representation on mediation outcomes, including the likelihood of settlement and the fairness of agreements reached. …