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Mediation And Medical Malpractice Disputes: Potential Obstacles In The Traditional Lawyer's Perspective, Andrew Mcmullen
Mediation And Medical Malpractice Disputes: Potential Obstacles In The Traditional Lawyer's Perspective, Andrew Mcmullen
Journal of Dispute Resolution
This Comment will examine the applicability of mediation in the resolution of medical disputes and the advantages its proponents assert can be achieved with its use. The focus, however, will be upon the lawyer's perspective towards this alternative method and the obstacles that may be present which would impede or prevent the success of mediation.
When Your Law Firm Wants A Divorce: Mediating The Dissolution Of Law Firms, Brian K. Asberry
When Your Law Firm Wants A Divorce: Mediating The Dissolution Of Law Firms, Brian K. Asberry
Journal of Dispute Resolution
Part II of this Comment will discuss in detail the two primary issues facing a law firm that is dealing with dissolution: property division and "custody" of the firm's clients upon dissolution. 15 Part III will review the Pennsylvania Bar Association Program and examine the successes enjoyed by the program. Part IV will look at the benefits of using mediation in firm dissolutions and analyze the advantages between alternative dispute resolution and litigation
Consumer Problems And Adr: An Analysis Of The Federal Trade Commission-Ordered General Motors Mediation And Arbitration Program, Arthur Best
Journal of Dispute Resolution
This Article evaluates a controversial mediation and arbitration program established by General Motors (GM) for owners of certain cars. It began in 1984, under the terms of a Federal Trade Commission (FTC) consent order settling charges that GM had deceptively failed to inform buyers that particular models of cars contained components that had unusually low durability. When the settlement was proposed, debate centered on whether the public interest would be served best by: 1) creation of mediation and arbitration opportunities for individual owners; or 2) prosecution of a single action seeking uniform compensation for all owners. One commissioner feared that …
Book Review , Rona L. Pietrzak
Book Review , Rona L. Pietrzak
Journal of Dispute Resolution
ANATOMY OF MEDIATION is a case study of a contract dispute between an opera company and a musicians' union. The facilitated negotiations, which take place over ten days, are presented in the form of an annotated transcript which is introduced by a summary of the four primary purposes of the mediator 5 and the twenty-five topics which are used to accomplish these central purposes. The case study is presented and then dissected in detail in order to describe what the authors call the "keys to success".6 Finally, mini-case studies are used to portray a complex business dispute, a sexual harassment …
Book Reviews, Michele S. G. Hermann
Book Reviews, Michele S. G. Hermann
Journal of Dispute Resolution
Two new introductory books on mediation have been published within the last year. ANATOMY OF MEDIATION1 is co-authored by veteran labor arbitrator Sam Kagel, who has been practicing and writing about resolving labor-management disputes for 45 years,2 and Kathy Kelly, also a labor arbitrator and author in the field.3 MEDIATE, DON'T LITIGATE4 is written by Peter Lovenheim, a New York lawyer who is former legal counsel and program director for the Center for Dispute Settlement, a public mediation center in Rochester, New York