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Full-Text Articles in Law

Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson Dec 2010

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

Harold I. Abramson

No abstract provided.


Problem-Solving Advocacy In Mediations: A Model Of Client Representation, Harold Abramson Dec 2010

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

Harold I. Abramson

No abstract provided.


Teaching The Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, A Defining Features Matrix, Games, And An Exercise Based On Grievances Filed Against Florida Mediators, Paula M. Young Prof. Jul 2010

Teaching The Ethical Values Governing Mediator Impartiality Using Short Lectures, Buzz Group Discussions, Video Clips, A Defining Features Matrix, Games, And An Exercise Based On Grievances Filed Against Florida Mediators, Paula M. Young Prof.

Paula Marie Young Prof.

In my earlier article – Teaching Professional Ethics to Lawyers and Mediators Using Active Learning Techniques, 40:1 Sw. L. Rev. ___ (forthcoming 2010) -- I discussed the barriers to learning about professional ethics, especially in the law school context, possible approaches to teaching professional ethics including the objectives of a course, the stages of learning in the context of professional ethics training, the design of an active or interactive learning environment, and various teaching methodologies. I then focused on several professional ethics courses in which the professors used active learning techniques to impart the knowledge, skills, and values of the …


Best Practices For Mediation Training And Regulation: Preliminary Findings, Susan S. Raines, Tim Hedeen, Ansley B. Barton Jul 2010

Best Practices For Mediation Training And Regulation: Preliminary Findings, Susan S. Raines, Tim Hedeen, Ansley B. Barton

Faculty and Research Publications

This article makes recommendations as to “Best Practices” for the training of mediators in court-connected settings. The authors’ findings cover issues including the design of training programs, the importance of experiential learning through role-plays, teaching methods for adult learners, class size and length, training ethical mediators, suggested trainer qualifications, and recommended regulatory practices for administrators. Data comes primarily from an assessment of mediation training and regulation in Florida, but the findings hold insights for court-connected mediation programs throughout the United States. Additionally, the authors highlight the benefits of a collaborative assessment approach involving all stakeholder groups and facilitating smooth implementation …


Teaching Professional Ethics To Lawyers And Mediators Using Active Learning Techniques, Paula M. Young Mar 2010

Teaching Professional Ethics To Lawyers And Mediators Using Active Learning Techniques, Paula M. Young

Paula Marie Young Prof.

The article discusses the barriers that exist to learning about professional ethics in the law school environment. It next considers possible approaches to teaching legal and mediation ethics to new and experienced practitioners. I found only one article on techniques for teaching mediation ethics. Otherwise, mediation instructors cover the topic from time to time at the major dispute resolution conferences. In the face of this gap in the literature, I have considered by analogy the articles about active learning in law school courses designed to teach legal and judicial ethics. The article surveys advanced and innovative techniques for teaching legal …


Behind The Neutral: The Critical Role Of Provider Institutions, Thomas J. Stipanowich Dec 2009

Behind The Neutral: The Critical Role Of Provider Institutions, Thomas J. Stipanowich

Thomas J. Stipanowich

In the last generation the “quiet revolution” in conflict resolution has spawned a vast array of organizations sponsoring or promoting the services of arbitrators and mediators. These “provider institutions” are often in a position, directly or indirectly, to exert significant influence on the lives and fortunes of individuals in all sectors of society. For this reason they have become increasingly visible, the focus of growing scrutiny and, in some cases, regulation. This article explores the roles of providers and the need for greater awareness of their impact.