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Centuries Of Contract Common Law Can't Be All Wrong: Why The Uma's Exception To Mediation Confidentiality In Enforcement Proceedings Should Be Embraced And Broadened, Peter Robinson
Journal of Dispute Resolution
The National Conference of Commissioners on Uniform State Laws and House of Delegates of the American Bar Association recently approved the Uniform Mediation Act ("UMA") with an eye toward unifying the law of mediation confidentiality in the United States. Soon, numerous states and other organizations will consider modifying statutes, court rules, or professional standards to conform to the UMA. One of the important aspects of mediation confidentiality is how it applies when enforcing a mediated agreement.' In some jurisdictions, mediation confidentiality interferes with the application of contract law when enforcing a mediated agreement to produce absurd results. This article will …
Dancing With The One That Brung Us - Why The Texas Adr Community Has Declined To Embrace The Uma, Brian D. Shannon
Dancing With The One That Brung Us - Why The Texas Adr Community Has Declined To Embrace The Uma, Brian D. Shannon
Journal of Dispute Resolution
I readily acknowledge that the UMA is a bold and noble project, and it is certainly the result of substantial effort and compromise. Indeed, I largely concur with the sentiment of Philip Harter that "[tihe UMA is the product of heroic effort that brought together many interests and perspectives to thrash out a workable framework for mediation." That being said, however, much of the Texas mediation community, of which I am a part, has largely opposed enactment of the UMA's framework for our state. As I have written previously, the Alternative Dispute Resolution Section of the State Bar of Texas …
Evaluation Of The Effect Of Court-Ordered Mediation And Proactive Case Management On The Pace Of Civil Tort Litigation In Lake County, Indiana, An, Jeffrey J. Dywan
Evaluation Of The Effect Of Court-Ordered Mediation And Proactive Case Management On The Pace Of Civil Tort Litigation In Lake County, Indiana, An, Jeffrey J. Dywan
Journal of Dispute Resolution
This author conducted a survey of mediators working with the courts in Lake County, Indiana in 1993-1994. At that time, thirty-four civil mediators were listed with the court administrator's office. The mediators were asked to track mediation cases for six months and to record the number of cases that had been referred to them for mediation, the number of cases actually mediated, the number settled, and the time to settlement after the referral to mediation