Law Commons^™

Facework In Mediation: The Need For "Face" Time, Rebecca Callahan

ExpressO

This paper was written for my Communication and Conflict class in 2005. The premise of the article is that mediators are intervenors in a dispute who, in addition to assessing the climate of the parties’ pre-mediation relationship, dealing with problems of perceptions, being on the lookout for imbalances of power, correcting false attributions and shepherding the parties’ negotiations must be prepared to anticipate, identify and handle the below-surface image needs or perceptions of the parties. The enclosed article discusses “facework” as a communication behavior that is evaluated and posits that “face” and “facework” strategies should be considered in any mediation …

Music, Mediation, And Superstrings: The Quest For Universal Harmony, John W. Cooley

Journal of Dispute Resolution

It is my thesis that to be an effective mediator, one needs to be a musician at heart (if not in fact)-both a composer and performer. Music is what a mediator does-what a mediator makes. To design or perform well, a mediator must at least understand music composition and performance in all its aspects. A mediator has no choice in the matter, because music, in a broad sense, permeates nature and is considered to be the quintessential ingredient of all matter and energy-of everything or unthing in the universe. To understand how music relates to what he or she does, …

To Sue Is Human; To Settle Divine: Intercultural Collaborations To Expand The Use Of Mediation In Costa Rica, Donald C. Peters

UF Law Faculty Publications

Virtually all societies have developed non-adjudicative methods to resolve disputes. Third party intervention to help resolve disputes consensually, typically called mediation or conciliation, occurs in all cultures throughout the world. It now occurs in Costa Rica only voluntarily and primarily in family, community, labor, agricultural, and trade contexts.

Connecting mediation or conciliation to court systems provides a comparatively new use of third party interventions not involving adjudication through arbitration or litigation. This typically occurs by referring matters for mediation services provided by state-funded programs, private centers, and private mediators. Florida, the first American state to authorize courts to order mediation …

Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson

Scholarly Works

No abstract provided.

Final Offer Arbitration, Harold I. Abramson

Scholarly Works

No abstract provided.

Influence Of Procedural And Distributive Variables On Settlement Rates In Employment Discrimination Mediation, The, E. Patrick Mcdermott, Danny Ervin

Journal of Dispute Resolution

Mediators and scholars are interested in factors that contribute to a successful mediation. The settlement of the dispute is one measure of success. If one could identify certain key process or outcome variables that caused more disputes to be settled in mediation, a mediator could use this information to maximize settlement potential. We seek to add to this search for the "holy grail" of mediation settlement.' Using an extensive database from the evaluation of the Equal Employment Opportunity Commission (EEOC) we attempt to determine whether certain procedural and distributive factors are significant predictors of case resolution. We also examine whether …

Confidentiality In Mediation: Is It Encouraging Good Mediation Or Bad Conduct, Sarah Williams

Journal of Dispute Resolution

Mediation has long been used in the judicial system of the United States to offer an alternative to litigation which can save time and money. Not only have its cost-effective and time efficient attributes contributed to its use, but the judiciary and legislature have often encouraged its use in order to mitigate the number of cases in the court system. In some states, the legislature has enacted statutes to make mediation mandatory before certain adjudications will even take place. Furthermore, to encourage these mediations to settle, many legislatures and jurisdictions have enacted statutes to protect the confidentiality of the mediation. …

Look Before You Leap And Keep On Looking: Lessons From The Institutionalization Of Court-Connected Mediation, Bobbi Mcadoo, Nancy A. Welsh

Faculty Scholarship

This article will use the institutionalization of general civil mediation into the courts as a case study, with both hopeful and cautionary lessons for policy makers. This article will (1) examine the goals created for court-connected ADR; (2) assess to what extent court-connected mediation has achieved these goals, from the perspective of judges, lawyers, and parties; and (3) and propose reforms of court-connected mediation to better ensure the achievement of justice.