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Articles 1 - 8 of 8

Full-Text Articles in Law

The Arbitration Penumbra: Arbitration Law And The Rapidly Changing Landscape Of Dispute Resolution, Thomas J. Stipanowich Oct 2007

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 Jul 2007

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 Jul 2007

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 Jul 2007

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 Mar 2007

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 Jan 2007

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 Jan 2007

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 Jan 2007

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 …