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Full-Text Articles in Law
Selected Dispute Resolution Bibliography, Shannon Moldaver, Trevor C. W. Farrow
Selected Dispute Resolution Bibliography, Shannon Moldaver, Trevor C. W. Farrow
Articles & Book Chapters
Included in this bibliography is a selected set of dispute resolution and related professional responsibility and access to justice readings, primarily (although not exclusively) with a general negotiation and mediation focus. This bibliography is not comprehensive. Rather – given the breadth of dispute resolution, legal process, professional responsibility, and access to justice materials available – this bibliography includes a brief sampling of available readings that may be of interest to those studying, practicing, or thinking about dispute resolution.
Defending The Weak And Fighting Unfairness: Can Mediators Respond To The Challenge?, Michael Coyle
Defending The Weak And Fighting Unfairness: Can Mediators Respond To The Challenge?, Michael Coyle
Osgoode Hall Law Journal
As mediation gains in popularity as a tool for resolving civil disputes, and particularly as a substitute for court decisions, some have questioned mediation's ability to assure fairness of process and outcome. Others have argued that the main strength of mediation lies in the power it gives the parties to invent their own approach to resolving their dispute, leaving little room for mediators to impose their own notions of fairness on the process. This article examines the extent to which mediators have an obligation to address issues of fairness in the processes they manage. Through a functional and context-based analysis …
Protecting The Confidentiality Of Communications In Mediation, Owen V. Gray
Protecting The Confidentiality Of Communications In Mediation, Owen V. Gray
Osgoode Hall Law Journal
This article explores the justifications for protecting mediation communications from disclosure. It reviews the existing legal protections for mediated dispute settlement discussions. The major issues that seem to arise when statutory reform is considered are identified, and a recent study of the issue by the Manitoba Law Reform Commission is described and critiqued. The author argues that a distinction should be made between circumstances in which a party is required or permitted to testify about what took place in mediation, and circumstances in which the mediator may be required to do so. He suggests that mere extension to mediation of …
Unwilling Actors: Why Voluntary Mediation Works, Why Mandatory Mediation Might Not, Gary Smith
Unwilling Actors: Why Voluntary Mediation Works, Why Mandatory Mediation Might Not, Gary Smith
Osgoode Hall Law Journal
This article examines the debate over the introduction of mandatory mediation in civil litigation. It analyzes why and how voluntary mediation works in order to measure how the process might change under the new regime being implemented in Ontario. The underlying narrative structures of mediation are exposed using semiotic theories commonly employed in the study of theatre. This article will show that mediation, when imposed on unwilling parties, will hinder its efficacy and compromise its theatrical processes. The author concludes that the best way to ensure that making mediation mandatory does not discredit the efficacy and benefits of the process …