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An Introduction To The Model Standards Of Practice For Family And Divorce Mediation, Andrew Schepard

Hofstra Law Faculty Scholarship

The Model Standards redefine the nature of family and divorce mediation practice and result from a Symposium on Standards of Practice convened by the American Bar Association's Family Law and Dispute Resolution Section, AFCC, the ABA's Commission on Domestic Violence and other major family law and family mediation groups. The Symposium developed the Model Standards over a five year period. They were approved by the American Bar Association in February, 2001. I served as reporter for the Model Standards. The article describes the process of drafting the Model Standards and key issues they address. It also contains the text of …

Does Your Mediator Measure Up?: Standards Of Practice For Family And Divorce Mediation, Andrew Schepard, Ann Milne

Hofstra Law Faculty Scholarship

In most states, mediators are largely self-regulated. However, a variety of means have been developed to ensure that mediation services are provided in a competent and professional manner. Some regulation has been undertaken by state governments, courts, and professional associations. In addition, the Model Standards of Practice for Family and Divorce Mediation have been adopted by the American Bar Association (ABA), the Association of Family and Conciliation Courts (AFCC), and other state and local family and divorce mediation groups.

Company Registration In Its Historical Context: Evolution Not Revolution, Miriam R. Albert

Hofstra Law Faculty Scholarship

The piece examines proposals for changing the current system for registering securities under the Securities Act of 1933. Under the current transaction-based system, issuers must register each non-exempt public offering of securities. Despite the SEC's rule-making power, regulatory revision, at least with respect to the implementation of any major changes to the existing federal securities regulation landscape, has traditionally followed a somewhat cyclical model.

First, there is discussion in the academic and professional literature, commenting on, criticizing or proposing changes to some facet of the existing regulatory system (“public debate”); then, either overlapping with or following this public debate, the …

Making A Federal Case Out Of It: Section 1981 And At-Will Employment, Joanna L. Grossman

Hofstra Law Faculty Scholarship

This Article is divided into four parts. Part I describes the history and origins of § 1981, its bloodletting by the Supreme Court, and its ultimate restoration and reinvigoration by Congress. Part II first describes the federal appellate opinions addressing the applicability of § 1981 to at-will employment. It then examines the source of law question: whether state law, federal law, or some combination ought to dictate the definition of “contract” in § 1981. It concludes that federal common law, which may draw on well-established state law principles, should control. Part III examines the possible interpretations of “contract” as used …

Mediation And Adr: Insights From The Jewish Tradition, Robert A. Baruch Bush

Hofstra Law Faculty Scholarship

Two initial points will provide some context for these remarks. First, my primary professional involvement has been not in legal practice as such, but in alternative dispute resolution ("ADR") and mediation, which has been my field of concentration over the last twenty-five years, both before and after coming to Hofstra Law School. Therefore, my comments will focus on how my view of this field has been affected by my religious tradition.

Second, the perspective reflected in these comments grows out of my own particular experience in relation to the Jewish tradition. Specifically, my involvement in Jewish traditional life and thought …

An Introduction To The Model Standards Of Practice For Family And Divorce Mediation, Andrew Schepard

Hofstra Law Faculty Scholarship

On February 19, 2001, upon the recommendation of both the Family Law (FLS) and Dispute Resolution Sections, the American Bar Association's House of Delegates adopted the Model Standards of Practice for Family and Divorce Mediation (“Model Family Mediation Standards” or “Model Standards”), which are published in this issue of the Family Law Quarterly.

The aim of the Model Family Mediation Standards is to promote public confidence in an evolving, interdisciplinary profession by defining good mediation practice. The family mediation profession (which includes many lawyers) created the Model Family Mediation Standards in consultation with the family …