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Full-Text Articles in Law
Med-Arb And Professional Sports: Could Med-Arb Work As An Effective Dispute Resolution Process In Professional Sports?, Taylor Brisco
Med-Arb And Professional Sports: Could Med-Arb Work As An Effective Dispute Resolution Process In Professional Sports?, Taylor Brisco
Marquette Sports Law Review
None
Indigency, Secrecy, And Questions Of Quality: Minimizing The Risk Of "Bad" Mediation For Low-Income Litigants, Robert Rubinson
Indigency, Secrecy, And Questions Of Quality: Minimizing The Risk Of "Bad" Mediation For Low-Income Litigants, Robert Rubinson
Marquette Law Review
Mediation can be magical. In the face of seemingly insurmountable differences, it can lead to productive resolutions far beyond what litigation could ever produce. In the hands of sophisticated practitioners and in appropriate cases, it offers a means for participants to engage in self-determination and more flexible conflict resolution. In light of how well mediation can work, it has experienced explosive growth in all areas of conflict, and in both private and court-connected contexts. There is, nevertheless, a risk that mediators can be unskilled or, worse, affirmatively damaging. The risk is endemic to all mediation but play out in particularly …
A Critical Assessment Of The Model Standards Of Conduct For Mediators (2005): Call For Reform, Omer Shapira
A Critical Assessment Of The Model Standards Of Conduct For Mediators (2005): Call For Reform, Omer Shapira
Marquette Law Review
Over the years, commentators have raised concerns about some aspects of the Model Standards, for example, their failure to adequately guide mediators in situations of competing values, and the vagueness of their substantive provisions. No work to date has exposed the Model Standards to a systematic and comprehensive assessment, which is necessary for an evaluation of their adequacy as a coherent statement of the fundamental ethical guidelines for mediators, and for the development of a viable alternative to them. Ten years after the adoption of the revised Model Standards in 2005, this Article comes to fill the gap in the …
Guardianship Mediation, Janice Grant
Guardianship Mediation, Janice Grant
Marquette Elder's Advisor
Court guardianship proceedings are designed to determine the need for a guardian. Mediation may be used to rather substitute voluntary services by allowing interested parties to offer suggestions for appropriate care. Grant discusses which cases may be appropriate or inappropriate for mediation and outlines a suggested mediation process. The advantages of maintaining greater autonomy and independence for the elderly are elaborated.
Promises And Problems In Alternative Dispute Resolution For The Elderly, Kevin Gibson
Promises And Problems In Alternative Dispute Resolution For The Elderly, Kevin Gibson
Marquette Elder's Advisor
Gibson describes several different practices which fall under the umbrella of alternative dispute resolution (ADR), including arbitration, mediation, and the role of an ombudsman. A comprehensive discussion of the mediation process describes the techniques a mediator may employ to assist parties in resolving their disputes, and uses examples of applying such techniques in situations involving senior citizens or nursing home disputes.
Mediation In Estate Planning: A Strategy For Everyone's Benefit, David Gage, John A. Gromala
Mediation In Estate Planning: A Strategy For Everyone's Benefit, David Gage, John A. Gromala
Marquette Elder's Advisor
How much better would this world be if we all believed that most disputes could be avoided? Mediation is offered as a tool to reach agreement, but the hard work of mediating a dispute requires a knowledgeable, experienced professional. These authors offer observations and strategies based on their expertise and success in the field.
Elder Mediation: Optimizing Major Family Transitions, Rikk Larsen, Crystal Thorpe
Elder Mediation: Optimizing Major Family Transitions, Rikk Larsen, Crystal Thorpe
Marquette Elder's Advisor
This article postulates that mediation may be an effective way for families to make difficult decisions on how to best care and provide for an elderly family member with declining abilities. Bringing all involved family members together and allowing all to be involved in the decision-making process invests each with a responsibility for decisions made from all the options available.
Inside The Huddle: Analyzing The Mediation Efforts In The Nfl's Brady Settlement And Its Effectiveness For Future Professional Sports Disputes, Timothy J. Bucher
Inside The Huddle: Analyzing The Mediation Efforts In The Nfl's Brady Settlement And Its Effectiveness For Future Professional Sports Disputes, Timothy J. Bucher
Marquette Sports Law Review
None
Alternative Dispute Resolution In Sports Facility Leases, Martin J. Greenberg
Alternative Dispute Resolution In Sports Facility Leases, Martin J. Greenberg
Marquette Sports Law Review
No abstract provided.
A Proposal For The United States Olympic Committee To Incorporate Formal Mediation Within Its Grievance Process, Kathleen C. Wallace
A Proposal For The United States Olympic Committee To Incorporate Formal Mediation Within Its Grievance Process, Kathleen C. Wallace
Marquette Sports Law Review
No abstract provided.