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Full-Text Articles in Law
The Arbitration Penumbra: Arbitration Law And The Rapidly Changing Landscape Of Dispute Resolution, Thomas J. Stipanowich
The Arbitration Penumbra: Arbitration Law And The Rapidly Changing Landscape Of Dispute Resolution, Thomas J. Stipanowich
Nevada Law Journal
No abstract provided.
Mediation, Improvisations, And All That Jazz, John W. Cooley
Mediation, Improvisations, And All That Jazz, John W. Cooley
Journal of Dispute Resolution
In the present article, we will be exploring the subject of improvisation generally from the perspective of mediation and jazz as performance arts; the roles of the jazz musician, the mediator, and the mediation advocate as creative problem solvers; the elements of jazz in mediation; and the collective conversation in jazz as compared with the collective conversation in mediation.
Sacrificing Settlement Agreements In The Name Of Mediation Confidentiality: The California Supreme Court's Narrow Holding Has Harsh Consequence, Laura J. Bettenhausen
Sacrificing Settlement Agreements In The Name Of Mediation Confidentiality: The California Supreme Court's Narrow Holding Has Harsh Consequence, Laura J. Bettenhausen
Journal of Dispute Resolution
Confidentiality is regarded as one of the primary benefits of mediation. For parties who wish to avoid the public eye, mediation is often preferable to court. However, when parties reach some form of a settlement agreement during mediation, and subsequently disagree as to the terms of that agreement, the parties may find themselves in court. In court, the issue of whether the settlement agreement is admissible arises. In Fair v. Bakhtiari, the California Supreme Court addressed the question of whether an arbitration provision listed in a settlement agreement renders the agreement admissible under the California Evidence Code. The court emphasized …
Mediator As Cook: Mediation Metaphors At The Movies, The, Jennifer L. Schulz
Mediator As Cook: Mediation Metaphors At The Movies, The, Jennifer L. Schulz
Journal of Dispute Resolution
In this article I will explore the vitality of the metaphor of the mediator as cook by tracing it through other food and conflict resolution related films. In so doing, I hope to achieve two things: first, to continue to insist that non-adversarial processes like mediation be included in the study of Law & Film, and second, to show that the metaphor suggested for mediators based on one film, resonates in other films and suggests new insights about mediator style and practice. Through a Law & Film analysis of two films, Soul Food and Mostly Martha, I will argue that …
Misjudging: Implications For Dispute Resolution, Donna Shestowsky
Misjudging: Implications For Dispute Resolution, Donna Shestowsky
Nevada Law Journal
No abstract provided.
Following The Script: An Empirical Analysis Of Court-Ordered Mediation Of Medical Malpractice Cases, Ralph Peeples, Catherine Harris, Thomas Metzloff
Following The Script: An Empirical Analysis Of Court-Ordered Mediation Of Medical Malpractice Cases, Ralph Peeples, Catherine Harris, Thomas Metzloff
Journal of Dispute Resolution
Court-ordered mediation of civil cases has become an accepted part of the litigation process in a number of states and in some federal courts.' The widespread growth of court-ordered mediation is not difficult to explain. First of all, the process appears to produce settlements, although because most cases settle anyway, it is difficult to say that court-ordered mediation reduces trial rates. It does, however, at least provide a structured opportunity for settlement discussions, if the parties are so inclined. Second, court-ordered mediation is a process usually paid for by the parties themselves. From the courts' perspective, it is not a …
When Lawyers Move Their Lips: Attorney Truthfulness In Mediation And A Modest Proposal, Don Peters
When Lawyers Move Their Lips: Attorney Truthfulness In Mediation And A Modest Proposal, Don Peters
Journal of Dispute Resolution
This article examines whether the punch line that you can tell when lawyers are lying by confirming that their lips are moving applies to their conduct when negotiating in mediations. General surveys of lawyer honesty suggest that this perception probably does apply to the way lawyers negotiate in mediations. Only 20% of people surveyed in a 1993 American Bar Association poll described the legal profession as honest, and that number fell to 14% in a 1998 Gallup poll.' A more recent poll revealed that one-third of the American public believes that lawyers are less truthful than most people.
The Secret To Success: An Examination Of New York State Mediation Related Litigation, Andrew N. Weisberg
The Secret To Success: An Examination Of New York State Mediation Related Litigation, Andrew N. Weisberg
Fordham Urban Law Journal
This Comment examines the difficulties in using alternative dispute resolution, specifically mediation, to settle disputes between parties. While mediation is meant to lighten the courts' caseload, it occasionally results in post-settlement issues concerning the mediated agreement, leaving the court to determine whether the agreement should be enforced. This Comment examines such enforcement issues, specifically how often enforcement issues arise and the typical grounds on which parties rely to vacate or modify mediated agreements. It discusses the research conducted on New York State cases decided between 1/1/2004 and 10/31/2006 and describes research conducted by Hamline University School of Law Professors James …