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Full-Text Articles in Law
Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John M. Lande
Using Dispute System Design Methods To Promote Good-Faith Participation In Court-Connected Mediation Programs, John M. Lande
Faculty Publications
This article discusses what can be done to promote productive behavior in mediation and reduce bad conduct. Although most participants do not abuse the mediation process, some people use mediation to drag out litigation, gain leverage for later negotiations, and generally wear down the opposition. Rules requiring good-faith participation are likely to be ineffective and possibly counterproductive. This article proposes using dispute system design principles to develop policies satisfying the interests of stakeholders in court-connected mediation programs. After outlining important interests of key stakeholder groups, including litigants, attorneys, courts, and mediators, the Article describes specific policies that could satisfy their …
Statement Before The United States House Of Representatives Concerning Charitable Choice And The Community Solutions Act , Carl H. Esbeck
Statement Before The United States House Of Representatives Concerning Charitable Choice And The Community Solutions Act , Carl H. Esbeck
Faculty Publications
First, charitable choice imposes on both government and participating faith-based organizations (FBOs) the duty to not abridge certain enumerated rights of the ultimate beneficiaries of these welfare programs. Second, the statute imposes on government the duty to not intrude into the institutional autonomy of faith-based providers. Third, the statute reinforces the government's duty to not discriminate with respect to religion when determining the eligibility of private-sector providers to deliver social services.