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Dispute Resolution and Arbitration Commons

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Articles 391 - 403 of 403

Full-Text Articles in Dispute Resolution and Arbitration

On Teaching Mediation, Edwin H. Greenebaum Jan 1999

On Teaching Mediation, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.


Summer Musings On Curricular Innovations To Change The Lawyer's Standard Philosophical Map, James Coben Jan 1998

Summer Musings On Curricular Innovations To Change The Lawyer's Standard Philosophical Map, James Coben

Faculty Scholarship

When Hamline’s participation in the FIPSE grant was announced several years ago, the Hamline community saw an opportunity to help achieve the stated strategic-plan objective to ensure that every graduating student “will have basic knowledge about ADR and the opportunity for simulation experience with ADR.” The FIPSE grant working-group established the following objectives to guide the curriculum-development effort: (a) emphasize the importance of ADR by formally recognizing it as “substance,” (b) help students confront the standard philosophical map of lawyers and promote an “alternative” definition of lawyer as “problem-solver,” (c) provide a baseline familiarity with rule vs. interest and position …


A More Complete Look At Complexity, Jeffrey W. Stempel Jan 1998

A More Complete Look At Complexity, Jeffrey W. Stempel

Scholarly Works

The ability of courts to successfully resolve complex cases has been a matter of contentious debate, not only for the last quarter-century, but for most of the twentieth century. This debate has been part of the legal landscape at least since Judge Jerome Frank's polemic book from which this Symposium derives its title, and probably since Roscoe Pound's famous address to the American Bar Association. During the 1980s and 1990s in particular, the battlelines of the pro-and anti-court debate have been brightly drawn. Some commentators, most reliably successful plaintiffs' counsel and politically liberal academics, defend the judicial track record in …


Integrating Alternative Dispute Resolution (Adr) Into The Curriculum At The University Of Washington School Of Law: A Report And Reflections, Lea B. Vaughn Jan 1998

Integrating Alternative Dispute Resolution (Adr) Into The Curriculum At The University Of Washington School Of Law: A Report And Reflections, Lea B. Vaughn

Articles

The essay is framed in two basic parts. In the first part, it describes the program of integration that was undertaken at the University of Washington during the 1995-1997 period of the Fund for the Improvement of Post-Secondary Education (FIPSE) grant. After describing the context in which these curricular changes were made, it describes the changes in years one and two of the grant program. Additional changes that have occurred subsequent to the final grant report in October 1997 also will be summarized. One of the lessons that emerges from our experience is that change will be an incremental, long …


The Ethics Of Mediation Evaluation: Some Troublesome Questions And Tentative Proposals, From An Evaluative Lawyer Mediator, James Stark Jan 1997

The Ethics Of Mediation Evaluation: Some Troublesome Questions And Tentative Proposals, From An Evaluative Lawyer Mediator, James Stark

Faculty Articles and Papers

No abstract provided.


Preliminary Reflections On The Establishment Of A Mediation Clinic, James Stark Apr 1996

Preliminary Reflections On The Establishment Of A Mediation Clinic, James Stark

Faculty Articles and Papers

No abstract provided.


Re University Of Saskatchewan Faculty Association And University Of Saskatchewan, Innis Christie, Nancy Hopkins, Suzie Scott Apr 1994

Re University Of Saskatchewan Faculty Association And University Of Saskatchewan, Innis Christie, Nancy Hopkins, Suzie Scott

Innis Christie Collection

This is the determination of an Arbitration Committee established to hear and determine whether or not the grounds for the President's recommendation for the dismissal of Lucinda Vandervort, a tenured Associate Professor, are established and, if established, whether or not they constitute good and sufficient cause for dismissal. The Committee has already issued an interim decision that, even if established, the grounds for the President's recommendation for dismissal do not constitute good and sufficient cause for dismissal and Professor Vandervort has been fully reinstated pending this determination. We advised the parties of our conclusion to that effect after the University …


Adr Prominent Part Of "The Basics" At Um Law School, Gregory S. Munro Apr 1992

Adr Prominent Part Of "The Basics" At Um Law School, Gregory S. Munro

Faculty Journal Articles & Other Writings

This article describes the University of Montana School of Law's Dispute Resolution Track, a comprehensive and carefully ordered program designed to provide students entry-level competency in handing disputed legal rights in the criminal and civil justice systems.


Teaching Mediation As A Lawyering Role Developments, Jacqueline Nolan-Haley Jan 1989

Teaching Mediation As A Lawyering Role Developments, Jacqueline Nolan-Haley

Faculty Scholarship

The growth of the alternative dispute resolution (ADR) movement has generated an increased interest in the study and practice of mediation as a nonadversarial method of conflict resolution. With mediation, individuals settle their disputes using a neutral third party who has no power to impose a settlement. Historically, mediation has been widely neglected in legal education, and-except for those involved in the labor field-lawyers have not practiced it. Recent gains in visibility have not necessarily resulted in widespread acceptance of mediation. In fact, mediation has even been openly resisted by some members of the legal profession.


The Teaching Of Alternative Dispute Resolution, Lisa G. Lerman Jan 1987

The Teaching Of Alternative Dispute Resolution, Lisa G. Lerman

Scholarly Articles

No abstract provided.


Adr And Civil Procedure: A Chapter Or An Organizing Theme?, Bryant G. Garth Jan 1986

Adr And Civil Procedure: A Chapter Or An Organizing Theme?, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.


Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson Jan 1985

Mediation And Negotiation: Learning To Deal With Psychological Responses, Andrew S. Watson

University of Michigan Journal of Law Reform

In this essay I analyze some of the emotional events that occur during mediation and negotiation; the analysis may help us understand many of the problems that arise during the development and application of these legal practice skills. Following the analysis I present a few suggestions about how this teaching might best be accomplished.


The Lawyer As A Negotiator: An Adventure In Understanding And Teaching The Art Of Negotiation, James J. White Jan 1967

The Lawyer As A Negotiator: An Adventure In Understanding And Teaching The Art Of Negotiation, James J. White

Articles

In the fall of 1965 we enlisted experience as a teacher in an experimental seminar called "The Lawyer as a Negotiator." We gave the students experience not by simulation but by making them negotiate with one another for their grades in the course. In this as in many other "experience" courses the teaching supplement consisted of readings and of classroom participation by the students and teachers. However the supplement differed from the standard trials and appeals or legal writing course in that a psychiatrist was a full partner in the teaching and in the discussion and analysis of the student …