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Full-Text Articles in Law
Escaping The Courthouse: Private Alternative Dispute Resolution In Los Angeles , Elizabeth Rolph, Erik Moller, Laura Petersen
Escaping The Courthouse: Private Alternative Dispute Resolution In Los Angeles , Elizabeth Rolph, Erik Moller, Laura Petersen
Journal of Dispute Resolution
Formal dispute resolution, long thought to be the province of the state, seems to have piqued the interest of the private sector in recent years as a possible sphere of activity. In settings where courts are clogged and criminal cases are forcing civil cases off the calendar, where public juries are perceived as "out of control," and where many individuals are disillusioned with incremental tort reform; a growing number of private individuals are selling their services as neutrals to facilitate dispute resolution. For-profit firms, both independent and national networks, are springing up and positioning themselves in major metropolitan areas. Nonprofit …
Adr Toolbox: The Highwire Art Of Evaluation, Marjorie Corman Aaron
Adr Toolbox: The Highwire Art Of Evaluation, Marjorie Corman Aaron
Faculty Articles and Other Publications
Many mediators are uncomfortable with the idea of discussing or presenting evaluations. However, when parties reach an impasse, they often want the mediator to play an active role. In these cases, responsible use of evaluation is completely consistent with the goals of mediation. Mediators should provide an evaluation only if there is an insurmountable settlement gap that arises from the parties’ widely divergent views of what will happen if the case doesn’t settle. Evaluation is not a substitute for other essential mediation tools. It is a last step, but in many cases skipping that step means missing the sole opportunity …
Understanding Mediators' Orientations, Strategies, And Techniques: A Grid For The Perplexed, Leonard L. Riskin
Understanding Mediators' Orientations, Strategies, And Techniques: A Grid For The Perplexed, Leonard L. Riskin
UF Law Faculty Publications
This Article begins with a review of previous efforts to categorize mediation and their shortfalls, including the lack of any widely-shared comprehensive method for describing the various approaches to mediation practice. The Article then offers a new "grid" system for classifying mediator orientations, strategies, and techniques and describes the potential utility of the grid, particularly its effectiveness in selecting mediators.
Models Of Quality For Third Parties In Alternative Dispute Resolution, Carole Silver
Models Of Quality For Third Parties In Alternative Dispute Resolution, Carole Silver
Articles by Maurer Faculty
No abstract provided.