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Full-Text Articles in Law
Musings On Mediation, Kleenex, And (Smudged) White Hats, Nancy A. Welsh
Musings On Mediation, Kleenex, And (Smudged) White Hats, Nancy A. Welsh
Faculty Scholarship
This Essay speculates on the global future of mediation. It anticipates that mediation’s popularity will continue to grow both in the U.S. and abroad particularly as courts continue to encourage and institutionalize the process. Meanwhile, the Essay acknowledges the existence and continuing development of a relatively small cadre of elite lawyers and retired judges who serve as private mediators in large, complex matters.
The Essay also raises concerns, though, regarding the current lack of clarity in the goals and procedural characteristics that define mediation. The Essay asserts that such lack of clarity invites abuse of the mediation privilege and exclusionary …
Act Deux: Confidentiality After The Florida Mediation Confidentiality And Privilege Act, Fran L. Tetunic
Act Deux: Confidentiality After The Florida Mediation Confidentiality And Privilege Act, Fran L. Tetunic
Faculty Scholarship
Fran Tetunic, Act Deux: Confidentiality after the Florida Mediation Confidentiality and Privilege Act, 36 Nova Law Review 79 (2011).
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh
Integrating "Alternative" Dispute Resolution Into Bankruptcy: As Simple (And Pure) As Motherhood And Apple Pie?, Nancy A. Welsh
Faculty Scholarship
Today, there can be little doubt that “alternative” dispute resolution is anything but alternative. Nonetheless, many judges, lawyers (and law students) do not truly understand the dispute resolution processes that are available and how they should be used. In the shadow of the current economic crisis, this lack of knowledge is likely to have negative consequences, particularly in those areas of practice such as bankruptcy and foreclosure in which clients, lawyers, regulators, and courts work under pressure, often with inadequate time and financial resources to permit careful analysis of procedural options. Potential negative effects can include: (1) impairment of a …
Court-Connected Mediation And Minorities: A Report Card, Sharon Press
Court-Connected Mediation And Minorities: A Report Card, Sharon Press
Faculty Scholarship
Critical race theorists have raised important concerns about alternative dispute resolution in general and mediation specifically. Many of the critiques were written prior to the ascendency of court-connected mediation. To set the context, Part II of this article begins with a brief history of the court-connected mediation movement in the United States. In Part III, the critiques of mediation, specifically focusing on those related to minorities, are summarized. Part IV identifies some of the flaws in the critiques as related to court-connected mediation. Part V includes actions that court programs can undertake to address the issues raised by the critiques …
Medical Malpractice Mediation: Benefits Gained, Opportunities Lost, Carol B. Liebman
Medical Malpractice Mediation: Benefits Gained, Opportunities Lost, Carol B. Liebman
Faculty Scholarship
In the past decade, the United States healthcare system has begun to use mediation to facilitate communication between patients and physicians after an adverse medical event, to ease tensions among members of care-giving teams, to resolve medical malpractice claims, and to help family members and medical professionals make awesome and wrenching decisions at the end of life. Implementation of the Patient Protection and Affordable Care Act of 2010 will produce new controversies and increase the need for mediation. Patients, families, physicians, nurses, other healthcare professionals, and administrators will require help managing the disagreements that arise as they adapt to the …