Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
Appellate Mediation—A Mediator’S Perspective, L. Wayne Scott
Appellate Mediation—A Mediator’S Perspective, L. Wayne Scott
Faculty Articles
A mediator helps the parties determine whether there is a bargaining zone that will allow a settlement to be reached. Mediation is an alternative form of conflict resolution, which promotes the interests of private and public resources that would otherwise be spent on litigation, while also empowering the parties to seek better justice than they would find in court. Anyone can serve as a mediator, but one should be well-trained in people skills, negotiation techniques, and knowledgeable about trial and appellate procedure and trends.
A mediator’s job includes: (1) helping the parties review and analyze their case; (2) bridging the …
Litigation Campaigns And The Search For Constitutional Rules, Mark V. Tushnet
Litigation Campaigns And The Search For Constitutional Rules, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
This Journal's focus on appellate practice and procedure suggests that it might be appropriate and productive to take a somewhat unusual approach to Brown and its significance. Brown was most important, of course, for its role in the transformation of American race relations. From the point of view of the appellate courts, Brown is significant in another way. Brown was the culmination of a sustained campaign of strategically designed litigation-or so it came to be thought. Lawyers subsequently took the strategic litigation campaign they saw ending in the triumph of Brown as a model for their own causes, and developed …