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Full-Text Articles in Law
Mediation As Regulation: Expanding State Governance Over Private Disputes, Lydia Nussbaum
Mediation As Regulation: Expanding State Governance Over Private Disputes, Lydia Nussbaum
Utah Law Review
Across the United States, state legislatures are issuing new mediation mandates that govern how private parties resolve their disputes. Legislatures embed these mediation mandates into specific statutory regimes ranging from foreclosure to health care to insurance coverage. Rather than leave decisions about ADR design to other state institutions, like courts or administrative agencies, legislatures increasingly retain that authority and formalize the mediation process with legal requirements that regulate parties’ behavior and influence mediation outcomes. This Article explains how legislatures wield mediation as a regulatory tool in this latest phase of mediation’s institutionalization. It argues that statutory mediation mandates should be …
Equal Justice From A New Perspective: The Need For A First-Year Clinical Course On Public Interest Mediation, David Dominguez
Equal Justice From A New Perspective: The Need For A First-Year Clinical Course On Public Interest Mediation, David Dominguez
Utah Law Review
It really is possible to deliver enough no-cost or low-cost legal problem solving services to provide equal justice. To get there, however, we need to experiment with new strategies and methods to achieve the goal, including the new skill of PIM. My hunch is that if first-year law students can prove to themselves in a clinical setting that public service lawyering can produce a multiplier effect for the greater public good, a new commitment to equal justice will emerge in the legal profession.
The Effects Of Alternative Dispute Resolution On Access To Justice In Utah, James R. Holbrook
The Effects Of Alternative Dispute Resolution On Access To Justice In Utah, James R. Holbrook
Utah Law Review
Thousands of cases are resolved every year in Utah by private and court sponsored mediation and other ADR programs, and ADR utilization trends are moving up every year. Since 1990, over 3600 lawyers and non-lawyers have received mediator training in Utah. Clearly, ADR has a growing positive impact on access to justice in this state. However, it is just as clear that ADR by itself does not satisfy the huge and growing unmet needs of moderate-income, low-income, and poor people for dispute resolution services in this state.