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Full-Text Articles in Law
Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch
Class Action Reform, Qui Tam, And The Role Of The Plaintiff, Jill E. Fisch
All Faculty Scholarship
No abstract provided.
How Will Lawyering And Mediation Practices Transform Each Other?, John M. Lande
How Will Lawyering And Mediation Practices Transform Each Other?, John M. Lande
Faculty Publications
This article sketches out some aspects of both lawyering and mediation practice that may be affected by development of a litimediation culture. Part II examines the growth of the private market for mediation and an accompanying specialization of mediation practice. These changes seem likely to require mediators to develop market niches with identifiable characteristics of their mediation practices. Simultaneously, lawyers, as regular buyers of mediation services, will be expected to recognize and make decisions based on significant distinctions between mediation providers.
Thinking Of Mediation As A Complex Adaptive System, J.B. Ruhl
Thinking Of Mediation As A Complex Adaptive System, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article uses my work on complex adaptive systems to think about how litigation and mediation differ in terms of adaptive qualities, suggesting that mediation is indeed a more adaptive mode of dispute resolution in certain contexts.