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Dispute Resolution and Arbitration

Journal

Mediation

Institution
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Articles 301 - 321 of 321

Full-Text Articles in Law

Book Reviews, Michele S. G. Hermann Jan 1990

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

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Child Custody Mediation: A Proposed Alternative To Litigation, Terri Garner Jan 1989

Child Custody Mediation: A Proposed Alternative To Litigation, Terri Garner

Journal of Dispute Resolution

Section II of this article describes the historical framework from which child custody mediation has developed. Section III discusses the process and procedures normally followed by a mediator in order to assure maximum, effective results. Section IV explains the role of the mediator including ethical considerations and problems faced by attorneys who wish to mediate the custody disputes of divorcing couples. Section V sets forth the results and conclusions of the Denver Custody Mediation Project (Denver Project), an influential study that has become the basis of encouraging mediation throughout the nation. Finally, Section VI discusses the advantages and disadvantages of …

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How Existing Procedures Shape Alternatives: The Case Of Grievance Mediation, Deborah M. Kolb Jan 1989

How Existing Procedures Shape Alternatives: The Case Of Grievance Mediation, Deborah M. Kolb

Journal of Dispute Resolution

Mediation is one of the oldest and most ubiquitous forms of conflict resolution in American society and throughout the world. Traditionally a prominent adjunct to labor and international negotiation, mediation is now used in divorce, family, civil, consumer, commercial and employee relations, environmental planning and siting, and the development of governmental procedures and regulations.' As mediation has penetrated into these new areas of social life, curiosity about the practice of mediation, that is, what mediators actually do to bring about settlement, has increased.

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Mediation Interventions And Restorative Potential: A Case Study Of Juvenile Restitution, Harry Mika, Kimberley Cole, Anmarie Aylward Jan 1989

Mediation Interventions And Restorative Potential: A Case Study Of Juvenile Restitution, Harry Mika, Kimberley Cole, Anmarie Aylward

Journal of Dispute Resolution

This paper explores a far less prevalent variant of juvenile restitution, distinguished by the use of mediation to reconcile victims and offenders and to establish the specific terms of restitution by consensus. In addition to general discussions of restitution and mediation, a more focused descriptive profile of mediation interventions in juvenile restitution for Dallas, Texas, is presented. Drawing from case materials and the direct involvement of the authors as third party neutrals in juvenile restitution, the mediation component of this program is further scrutinized for its adequacy for addressing needs of victims and offenders within what Zehr identifies as retributive …

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Book Review , Nanette K. Laughrey Jan 1988

Book Review , Nanette K. Laughrey

Journal of Dispute Resolution

As the practice of divorce mediation continues to grow, more and more professionals need training and literature to develop skills and perspective. A welcome addition to their libraries will be Divorce Mediation: Theory and Practice, edited by Jay Folberg and Ann Milne. In the preface, the editors explain that the purpose of the book is to examine divorce mediation from an interdisciplinary perspective. They achieve this goal with a series of articles written by professionals from such diverse fields as anthropology, sociology, psychology, law, and social work. Each article examines a different aspect of divorce mediation and provides the special …

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Mediation Of Victim Offender Conflict , Mark S. Umbreit Jan 1988

Mediation Of Victim Offender Conflict , Mark S. Umbreit

Journal of Dispute Resolution

This article will attempt to not only describe the process of applying mediation techniques in victim offender conflict, but to also examine the extent to which it may be similar to other applications of mediation. Specific areas to be addressed in this article include: an overview of the victim offender mediation process; client satisfaction with a victim offender mediation program in Minnesota; the meaning of fairness to victims in mediation; and a comparison with the traditional definition of mediation.

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Grievance Mediation Of Contracual Disputes In Public Education, Sylvia Skratek Jan 1987

Grievance Mediation Of Contracual Disputes In Public Education, Sylvia Skratek

Journal of Dispute Resolution

This summary provides an overview of the findings of the study. There are, of course, many findings in the body of the report which are not summarized here, and interested readers are encouraged to examine the full report for these details.

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Mediation In Debtor/Creditor Relationships, Edward A. Morse Jan 1987

Mediation In Debtor/Creditor Relationships, Edward A. Morse

University of Michigan Journal of Law Reform

Two states that have substantial interests in agricultural debtor/creditor relationships have attempted to limit the social and economic costs of prematurely terminating the debtor/creditor relationship. Iowa and Minnesota have adopted a statutory requirement that the creditor offer to submit to mediation prior to taking any debt collection action against an agricultural borrower. This Note argues that requiring creditors to offer mediation as a statutory prerequisite to debt collection is an effective means of reducing the social and economic costs of the premature termination of a debtor/creditor relationship in business contexts. Part I examines the conceptual foundations of the mediation process …

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Custody Disputes - Evaluation And Intervention, Alastair Bissett-Johnson Jan 1987

Custody Disputes - Evaluation And Intervention, Alastair Bissett-Johnson

Dalhousie Law Journal

Mediation of custody disputes has become a "buzz" word of late. The duty of lawyers to discuss with clients the possibility of mediation is referred to in the new Divorce Act However, little research is available and this book is therefore a valuable contribution to the Canadian literature on dealing with custody disputes.

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Mediating With A Powerful/Competitive Couple: Michael And Debbie, John M. Haynes Jan 1987

Mediating With A Powerful/Competitive Couple: Michael And Debbie, John M. Haynes

Journal of Dispute Resolution

The behavior of the mediator is situational. That is, s/he not only uses specific strategies that are appropriate to each situation during the mediation, s/he also behaves differently depending on the overall dynamics of the parties. If both parties are equally powerful and competitive, the mediator tends to be more controlling and engage in direct control activities that are not explained to the parties. If the parties appear to be fragile and/or depressed, the mediator will be less controlling, seek to gain their permission for strategies to empower them, and move more slowly through the process.

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Healing Angry Wounds: The Roles Of Apology And Mediation In Disputes Between Physicians And Patients, Ann J. Kellett Jan 1987

Healing Angry Wounds: The Roles Of Apology And Mediation In Disputes Between Physicians And Patients, Ann J. Kellett

Journal of Dispute Resolution

This country is in the midst of what has been identified as a medical malpractice "crisis."' A similar "crisis" was recognized over a decade ago. 2 In both eras, rates for medical liability insurance soared, 3 frequency and severity of claims reportedly increased, 4 and damage awards spiralled.' Decreased availability of malpractice insurance coverage, 6 and its increased cost, threatened availability of physician services in certain specialties and geographic areas.

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Mediation: A Comprehensive Guide To Resolving Conflicts Without Litigation, Nancy T. Gardner Apr 1986

Mediation: A Comprehensive Guide To Resolving Conflicts Without Litigation, Nancy T. Gardner

Michigan Law Review

A Review of Mediation: A Comprehensive Guide to Resolving Conflicts Without Litigation by Jay Folberg and Alison Taylor

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New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember Jan 1986

New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember

Touro Law Review

No abstract provided.

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Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson Jan 1985

Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson

University of Michigan Journal of Law Reform

In this essay I analyze some of the emotional events that occur during mediation and negotiation; the analysis may help us understand many of the problems that arise during the development and application of these legal practice skills. Following the analysis I present a few suggestions about how this teaching might best be accomplished.

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Mediator Expectations And Professional Training: Implications For Teaching Dispute Resolution, Raymond Albert Jan 1985

Mediator Expectations And Professional Training: Implications For Teaching Dispute Resolution, Raymond Albert

Journal of Dispute Resolution

Thus, this study explores the following questions within the context of landlord-tenant disputes: What are mediator role expectations? Do these vary depending on the mediator's professional training? What are the implications for the teaching of disputes resolution?

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Patterns Of Bias In Mediation, Christopher Honeyman Jan 1985

Patterns Of Bias In Mediation, Christopher Honeyman

Journal of Dispute Resolution

The last few years' discussion of mediation is imbued with a certain "born again" quality. The enthusiasm is understandable in view of the attractive features of this process; but it has obscured the facts that no process works well for everyone, and that for some people, mediation is worse than useless. In view of the general tide of professional opinion that mediation is a "better" process for resolving disputes, qualifications and reservations are easily enough overlooked, and "better for whom?" is not a particularly popular question

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Self-Help: Extrajudicial Rights, Privileges And Remedies In Contemporary American Society, Douglas I. Brandon, Melinda L. Cooper, Jeremy H. Greshin, Alvin L. Harris, James M. Head, Jr., Keith R. Jacques, Lea Wiggins May 1984

Self-Help: Extrajudicial Rights, Privileges And Remedies In Contemporary American Society, Douglas I. Brandon, Melinda L. Cooper, Jeremy H. Greshin, Alvin L. Harris, James M. Head, Jr., Keith R. Jacques, Lea Wiggins

Vanderbilt Law Review

This Special Project examines the myriad forms of self-help currently available to persons in American society. It groups and discusses notable self-help rights, privileges, and remedies under topical classifications that parallel traditional jurisprudential categories. Parts H through VI of the Special Project sketch the legally fashioned contours and explore the legal, social, and political consequences of self-help methods in tort law, criminal law and law enforcement, commercial transactions, landlord-tenant relations,and family law matters. Part VII explores the attorney's role in the development and implementation of curative self-help procedures such as mediation. Special Project concludes by examining the function, mechanisms, and …

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Reforming At-Will Employment Law: A Model Statute, Liana Gioia, Per Ramford Jan 1983

Reforming At-Will Employment Law: A Model Statute, Liana Gioia, Per Ramford

University of Michigan Journal of Law Reform

Effective relief for at-will employees can only be achieved through statutory reform. Although specific legislation has been proposed on the federal

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Litigation And Mediation In Thailand, Sally Falk Moore Mar 1979

Litigation And Mediation In Thailand, Sally Falk Moore

Michigan Law Review

A Review of Code and Custom in a Thai Provincial Court by David M. Engel

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Compilation Of Laws Relating To Mediation, Conciliation, And Arbitration Between Employers And Employees, By Elmer A. Lewis Feb 1942

Compilation Of Laws Relating To Mediation, Conciliation, And Arbitration Between Employers And Employees, By Elmer A. Lewis

Indiana Law Journal

Government Publications Review

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Review: International Adjudications, Edwin D. Dickinson Apr 1931

Review: International Adjudications, Edwin D. Dickinson

Michigan Law Review

A Review of : INTERNATIONAL ADJUDICATIONS Edited by John Bassett Moore.

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