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Full-Text Articles in Law
... Because "Yes" Actually Means "No": A Personalized Prescriptive To Reactualize Informed Consent In Dispute Resolution
Marquette Law Review
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Indigency, Secrecy, And Questions Of Quality: Minimizing The Risk Of "Bad" Mediation For Low-Income Litigants, Robert Rubinson
Indigency, Secrecy, And Questions Of Quality: Minimizing The Risk Of "Bad" Mediation For Low-Income Litigants, Robert Rubinson
Marquette Law Review
Mediation can be magical. In the face of seemingly insurmountable differences, it can lead to productive resolutions far beyond what litigation could ever produce. In the hands of sophisticated practitioners and in appropriate cases, it offers a means for participants to engage in self-determination and more flexible conflict resolution. In light of how well mediation can work, it has experienced explosive growth in all areas of conflict, and in both private and court-connected contexts. There is, nevertheless, a risk that mediators can be unskilled or, worse, affirmatively damaging. The risk is endemic to all mediation but play out in particularly …
A Critical Assessment Of The Model Standards Of Conduct For Mediators (2005): Call For Reform, Omer Shapira
A Critical Assessment Of The Model Standards Of Conduct For Mediators (2005): Call For Reform, Omer Shapira
Marquette Law Review
Over the years, commentators have raised concerns about some aspects of the Model Standards, for example, their failure to adequately guide mediators in situations of competing values, and the vagueness of their substantive provisions. No work to date has exposed the Model Standards to a systematic and comprehensive assessment, which is necessary for an evaluation of their adequacy as a coherent statement of the fundamental ethical guidelines for mediators, and for the development of a viable alternative to them. Ten years after the adoption of the revised Model Standards in 2005, this Article comes to fill the gap in the …
Vacating Awards Under The Wisconsin Arbitration Act And The Federal Arbitration Act, Ralph Anzivino
Vacating Awards Under The Wisconsin Arbitration Act And The Federal Arbitration Act, Ralph Anzivino
Marquette Law Review
Arbitration has become one of the primary means for parties to resolve their legal disputes. Unlike a court proceeding, however, the grounds for vacating an arbitration award are quite narrow and specific. The purpose of this Article is to identify and explain the five major ways to vacate an arbitration award under the Federal Arbitration Act and the Wisconsin Arbitration Act. The first way is to challenge whether the parties contractually agreed to arbitrate the dispute. The specific challenge is to the scope of the contract or the scope of the arbitration clause in the contract. The second is to …
The Current Transitional State Of Court-Connected Adr, Nancy A. Welsh
The Current Transitional State Of Court-Connected Adr, Nancy A. Welsh
Marquette Law Review
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