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Full-Text Articles in Law
Wild Dreamers: Meditation On The Admissibility Of Dream Talk, Louise Harmon
Wild Dreamers: Meditation On The Admissibility Of Dream Talk, Louise Harmon
Louise Harmon
No abstract provided.
Mediating Professional Athlete Contracts In The Wake Of Darrelle Revis, Sean M. Neary
Mediating Professional Athlete Contracts In The Wake Of Darrelle Revis, Sean M. Neary
Sean M Neary
The NFL should include mandatory mediation in the event of contract dispute between a professional athlete and the team. Facilitative mediation is the most effective tool to resolve salary disputes in the event of a player holdout. The lengthy contract dispute between Darrelle Revis and the New York Jets during 2010 provides an example of the costs associated with holding out of a contract. Mediation helps the parties identify their interests, rather than positions, and develop options to resolve the dispute. Unlike arbitration, as in Major League Baseball, mediation allows the parties to reach an agreement on their own terms, …
Moving Beyond "Just" A Deal, A Bad Deal Or No Deal: How A Deal-Facilitator Engaged By The Parties As "Counsel To The Deal" Can Help Them Improve The Quality And Sustainability Of The Outcome, Manon Schonewille, Kenneth Fox
Moving Beyond "Just" A Deal, A Bad Deal Or No Deal: How A Deal-Facilitator Engaged By The Parties As "Counsel To The Deal" Can Help Them Improve The Quality And Sustainability Of The Outcome, Manon Schonewille, Kenneth Fox
Kenneth H Fox
Mediation is commonly characterized as one of several core ADR processes. The vast majority of the mediation literature focuses on dispute settlement and resolution. However, relatively little attention is paid to the transactional potential of business mediation - ways in which this ADR process can assist the parties to build better deals. This article describes mediation as a deal-facilitation process.