Law Commons^™

Alternative Dispute Resolution In Montana: A Catalog Of The Local Rules In Montana District Courts, Brianna Anderson, Brock Flynn

Student Scholarship

A catalog of the Local ADR Rules for the Montana Judicial District Courts, including rules about settlement conferences, mediation, and informal domestic relations trials.

Mediator Certification: Should It Be Required In Montana?, Michelle Vanisko

Montana Law Review

Mediator Certification: Should It Be Required In Montana?

Family Mediation After Hendershott: The Case For Uniform Domestic Violence Screening And Opt-In Provision In Montana, Eduardo R.C. Capulong

Faculty Law Review Articles

In Hendershott v. Westphal, the Montana Supreme Court held that § 40-4-301(2) of the Montana Code Annotated absolutely bars mediation in family law cases involving domestic violence. Yet neither the Court nor the statute prescribes a method by which to screen for such cases. In this article, the author argues that a uniform, statewide screening method is the only way by which to implement this policy. The author also argues that Hendershott should be interpreted narrowly and Montana should allow parties to opt in to mediation and other forms of alternative dispute resolution. The Court's understanding of domestic violence …

Mediation And The Neocolonial Legal Order: Access To Justice And Self-Determination In The Philippines, Eduardo R.C. Capulong

Faculty Law Review Articles

In this article, the author examines how the process of U.S.-style alternative dispute resolution is unfolding in the Philippines, a former U.S. colony.

Drawing from representative case studies, Part I highlights emerging practices in the global South counter-hegemonic to the fundamentals of U.S.-style mediation.

Part II describes the Philippine community mediation experience, in particular the ideologies, structures, and practices of indigenous dispute resolution, the neighborhood justice system, and court-annexed mediation.

Part III discusses access to justice and self-determination as they relate specifically to community mediation in a postcolonial context.

Using qualitative research the author conducted in the Philippines in 2010, …

The Hendershott Ruling: When Mediation Runs Into Domestic Violence, Eduardo R.C. Capulong

Faculty Journal Articles & Other Writings

This article examines the Montana Supreme Court's decision in Hendershott v. Westphal, a case of first impression in which the Court held that MCA 40-4-301(2) bars district courts in family law proceedings "from authorizing or continuing mediation of any kind where there is a reason to suspect emotional, physical, or sexual abuse."

Adr Prominent Part Of "The Basics" At Um Law School, Gregory S. Munro

Faculty Journal Articles & Other Writings

This article describes the University of Montana School of Law's Dispute Resolution Track, a comprehensive and carefully ordered program designed to provide students entry-level competency in handing disputed legal rights in the criminal and civil justice systems.