Law Commons^™

How Can A Mediator Be Both Impartial And Fair: Why Ethical Standards Of Conduct Create Chaos For Mediators, Susan Nauss Exon

ExpressO

Currently, a mediator is faced with a dilemma. All state ethical standards of conduct (“Standards”), whether promulgated by a governmental entity or professional organization, require mediator impartiality. Yet many Standards also require a mediator to attain a fair result, achieve other concepts of fairness, balance power struggles and promote informed decisions. Is it possible for a mediator to conform to all of these qualities?

This article provides extensive research and analysis regarding Standards that focus on mediator impartiality and fairness. The research establishes that Standards create chaos for the practicing mediator to the extent they include vague and internally inconsistent …

Mediating Animal Law Matters, Kathy M. Hessler

ExpressO

Animal law matters are slowly making their way through our court system, resulting in some changes in the way we, as a society, view our relationships with non-human animals. Courts are increasingly struggling to reconcile two opposing constructs: the idea that non-human animals are property under the law, and the reality that non-human animals are different from other forms of property. Progress in resolving this tension within the courts is, and will continue to be, slow. The question then arises, what alternative exists?

Mediation is a method increasingly turned to in this country as an alternative to traditional litigation. It …

Thou Shalt Love Thy Neighbor: Rluipa And The Mediation Of Religious Land Use Disputes, Jeffrey H. Goldfien

ExpressO

Religious land use disputes are characterized by high levels of conflict and the potential to seriously undermine social capital in affected communities. Contemporary land use procedures reflect an antiquated heritage and reliance upon adversarial means that are inadequate to successfully resolve these socially complex local conflicts. While there are practical obstacles, mediation holds advantages over these existing procedures in terms of dispute resolution, and has greater potential to preserve and build social capital at the local level. This article examines the theoretical justification for mediation in this context, and argues for moving beyond the status quo.