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Full-Text Articles in Law

State-Led Rural Justice In Bangladesh, Zahidul Islam Biswas Jul 2009

State-Led Rural Justice In Bangladesh, Zahidul Islam Biswas

Dr. Zahidul Islam

The first phase of my ongoing research on ‘State-led Rural Justice in Bangladesh’ is complete. The research exposes the state of state-led rural justice system in Bangladesh, detects the strengths and weaknesses of the system, and recommends for improvement of the same. Here is the executive summary of the research report entitled ‘Access to Justice through State-led Rural Justice System in Bangladesh: A Case Study in Kansat Union Parishad’. The report is submitted to the Research Initiatives Bangladesh, who funded it, and yet to be published However, for a soft copy of the research report, you may please contact: Research …


Access To Justice, Andrew J. Cannon Apr 2009

Access To Justice, Andrew J. Cannon

Andrew J Cannon

An overview of the ways that access to justice is rationed and ways to improve then


Awareness And Ethics In Dispute Resolution And Law: Why Mindfulness Tends To Foster Ethical Behavior, Leonard L. Riskin Apr 2009

Awareness And Ethics In Dispute Resolution And Law: Why Mindfulness Tends To Foster Ethical Behavior, Leonard L. Riskin

UF Law Faculty Publications

This paper is an extended version of a luncheon presentation given at the Symposium, Ethics in the Expanding World of ADR: Considerations, Conundrums, and Conflicts, sponsored by South Texas College of Law in Houston, Texas, on Nov. 2, 2007.


Making Peace And Making Money: Economic Analysis Of The Market For Mediators In Private Practice, Urska Velikonja Jan 2009

Making Peace And Making Money: Economic Analysis Of The Market For Mediators In Private Practice, Urska Velikonja

Faculty Scholarship

Mediation has grown tremendously in the last three decades, yet only a small number of mediators have been able to benefit financially from its growth. The supply of willing mediators by far exceeds the demand for their services. Mediator trainee overoptimism and the lack of formal barriers to entry result in excess entry in the market for mediators. However, the lack of a formal barrier, but the existence of de facto barriers to entry, such as mediator selection practices and specialization, combined with excessive individual optimism, creates inefficiently high levels of entry. This is socially suboptimal: many aspirant mediators spend …


Educational Workshops On Settlement And Dispute Resolution: Another Tool For Self-Represented Litigants In Family Court, Jim Hilbert Jan 2009

Educational Workshops On Settlement And Dispute Resolution: Another Tool For Self-Represented Litigants In Family Court, Jim Hilbert

Faculty Scholarship

This article outlines the need to help self-represented litigants (SLRs or pro se parties) understand more about how they might resolve their disputes through settlement. The article discusses the remarkable growth in the number of people representing themselves in the legal system, particularly in family court. To supplement the existing support system for SLRs, the article proposes including settlement and negotiation educational workshops for SRLs so that they can better understand 1) the prominent role of settlement in our legal system, 2) their power within the settlement process, and 3) some fundamental guidance on how they might approach settlement negotiations. …


Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope Jan 2009

Multi-Institutional Healthcare Ethics Committees: The Procedurally Fair Internal Dispute Resolution Mechanism, Thaddeus Mason Pope

Faculty Scholarship

2.6 million Americans die each year. A majority of these deaths occur in a healthcare institution as the result of a deliberate decision to stop life sustaining medical treatment. Unfortunately, these end-of-life decisions are marked with significant conflict between patients' family members and healthcare providers. Healthcare ethics committees (HECs) have been the dispute resolution forum for many of these conflicts.

HECs generally have been considered to play a mere advisory, facilitative role. But, in fact, HECs often serve a decision making role. Both in law and practice HECs increasingly have been given significant authority and responsibility to make treatment decisions. …