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Full-Text Articles in Law

Inside The Huddle: Analyzing The Mediation Efforts In The Nfl's Brady Settlement And Its Effectiveness For Future Professional Sports Disputes, Timothy J. Bucher Dec 2011

Inside The Huddle: Analyzing The Mediation Efforts In The Nfl's Brady Settlement And Its Effectiveness For Future Professional Sports Disputes, Timothy J. Bucher

Marquette Sports Law Review

None


Medical Malpractice Mediation: Benefits Gained, Opportunities Lost , Carol B. Liebman Jul 2011

Medical Malpractice Mediation: Benefits Gained, Opportunities Lost , Carol B. Liebman

Law and Contemporary Problems

Liebman reviews two recent studies evaluating the use of interest-based mediation to resolve medical malpractice claims. The first studied cases brought against the New York City Health and Hospitals Corporation, and the second, Mediating Suits against Hospitals, studied cases brought against private New York City hospitals. How non-participation of physicians in mediations diminishes opportunities to achieve noneconomic goals that plaintiffs desire is analyzed.


A “Principled Resolution”: The Fulcrum For Bioethics Mediation, Nancy Neveloff Dubler Jul 2011

A “Principled Resolution”: The Fulcrum For Bioethics Mediation, Nancy Neveloff Dubler

Law and Contemporary Problems

The concept of a "principled resolution" is the foundation for bioethics mediation. Dubler presents the core bioethical principles that support the creation of principled resolutions as fulcrums for resolving disagreements in the healthcare setting. These disputes may arise among medical providers, between medical providers and patients, or among members of a patient's family and can be managed or resolved by bioethics mediation using the conceptual tool of a principled resolution.


Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida , Mirya Holman, Neil Vidmar, Paul Lee Jul 2011

Most Claims Settle: Implications For Alternative Dispute Resolution From A Profile Of Medical-Malpractice Claims In Florida , Mirya Holman, Neil Vidmar, Paul Lee

Law and Contemporary Problems

Holman et al draw attention to the frequent and complicated evidentiary problems in medical malpractice claims and the procedural mechanisms provided by statutes, court rules, and case law that are already in place to facilitate claim resolution. While proposed alternative dispute resolution (ADR) procedures might well provide better resolutions to medical malpractice claims, they must take into consideration both the unique characteristics of medical malpractice disputes and existing mechanisms for resolving these disputes. The profile of the settlements of Florida medical-malpractice claims provides a structure with which any proposals for ADR must contend.


Escaping The Shadow Of Malpractice Law, Orna Rabinovich-Einy Jul 2011

Escaping The Shadow Of Malpractice Law, Orna Rabinovich-Einy

Law and Contemporary Problems

Abinovich-Einy addresses several constituencies operating at the meeting point of alternative dispute resolution (ADR), communication theory, healthcare policy, and medical-malpractice doctrine. From an ADR perspective, the need for, and barriers to, addressing non-litigable disputes, for which the "alternative" route is the only one, is explored. It is shown that ADR mechanisms may not take root when introduced into an environment that is resistant to collaborative and open discourse without additional incentives and measures being adopted.


Regulating Mediator Qualifications In The 2008 Eu Mediation Directive: The Need For A Supranational Standard, Ashley Feasley Jul 2011

Regulating Mediator Qualifications In The 2008 Eu Mediation Directive: The Need For A Supranational Standard, Ashley Feasley

Journal of Dispute Resolution

This paper will illustrate how the regulation of mediator training and the implementation of minimum qualification levels will help the Directive have a longterm impact in six parts. Part II will briefly examine mediation in an international law context. Part III will discuss the history of the Directive and pertinent provisions of the Directive. Part IV will address the recent situation in Italy, with a particular focus on the opposition to Legislative Decree 28, mandatory mediation, and the perceived lack of mediator qualifications. Part V will examine the current mediator trainings and qualification standards that are required in other selected …


Florida Appellate Mediation: Promising New Rules And Ethical Challenges, Erin E. Bohannon Jul 2011

Florida Appellate Mediation: Promising New Rules And Ethical Challenges, Erin E. Bohannon

University of Miami Law Review

No abstract provided.


Huddle Up: Using Mediation To Help Settle The National Football League Labor Dispute, Jeremy Corapi Apr 2011

Huddle Up: Using Mediation To Help Settle The National Football League Labor Dispute, Jeremy Corapi

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.


Mortgage Foreclosure Mediation In Florida - Implementation Challenges For An Institutionalized Program, Sharon Press Apr 2011

Mortgage Foreclosure Mediation In Florida - Implementation Challenges For An Institutionalized Program, Sharon Press

Nevada Law Journal

No abstract provided.


Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie, Nancy A. Welsh Apr 2011

Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie, Nancy A. Welsh

Nevada Law Journal

No abstract provided.


"Brother Can You Spare A Dime?" Technology Can Reduce Dispute Resolution Costs When Times Are Tough And Improve Outcomes, David Allen Larson Apr 2011

"Brother Can You Spare A Dime?" Technology Can Reduce Dispute Resolution Costs When Times Are Tough And Improve Outcomes, David Allen Larson

Nevada Law Journal

No abstract provided.


Mediation And The Construction Industry: Has Arbitration Failed?, Nathan Burk Jan 2011

Mediation And The Construction Industry: Has Arbitration Failed?, Nathan Burk

Arbitration Brief

No abstract provided.


The Inappropriate Imposition Of Court-Ordered Mediation In Will Contests , Victoria J. Haneman Jan 2011

The Inappropriate Imposition Of Court-Ordered Mediation In Will Contests , Victoria J. Haneman

Cleveland State Law Review

Mediation settlements that are shaped or driven by non-legal considerations are not problematic, unless and until the process of mediation is designed and imposed upon the parties through state action (namely, the judicial system). Because the approach taken in mediation ineradicably strains against the legal rules applied by the courts adjudicating those same cases, a legitimate question arises as to whether or not instituting court-ordered mediation programs that mandate mediation in will contest cases is appropriate. The contention of this Article is not that mediation is inappropriately used by the parties to a will contest case, but instead that court-ordered …