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Full-Text Articles in Law
Mediation Paradigms And Professional Identities: Can Mediators Activate A New Movement For Justice?, John M. Lande
Mediation Paradigms And Professional Identities: Can Mediators Activate A New Movement For Justice?, John M. Lande
Faculty Publications
This article, written early in the modern ADR era, provided a framework for developing the mediation field. It begins by elaborating William Simon’s critique of the “ideology of advocacy.” Simon argues that the adversary system is supposed to foster values of individuality, autonomy, responsibility, and dignity, but it often undermines those values in practice. This article catalogs a “parade of horribles” experienced by disputants, attorneys, judges, and the public. These include unequal access to justice, procedural rules that frustrate substantive justice, a narrow set of available remedies, a game psychology undermines respect for law and justice, parties’ alienating experience in …
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
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 …