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ADR

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Full-Text Articles in Dispute Resolution and Arbitration

Beyond Formalism And False Dichotomies: The Need For Institutionalizing A Flexible Concept Of The Mediator's Role, Jeffrey W. Stempel Jan 1997

Beyond Formalism And False Dichotomies: The Need For Institutionalizing A Flexible Concept Of The Mediator's Role, Jeffrey W. Stempel

Scholarly Works

Related to the problem of the false dichotomy is the formalist application of the either/or construct. If, for example, one adopts as a first premise the view that mediation is by definition non-evaluative, and then rigidly applies this premise to issues of appropriate mediator behavior, the result is a formalist system that permits mediators little or no leeway to depart from the non-evaluative style. This sort of regulatory regimen may satisfy the non-evaluative ethos of some mediation scholars, but it does so at the risk of becoming a rigid system that prevents mediators from taking practical actions most appropriate to …

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Toward Uniform Standards Of Conduct For Mediators Symposium: The Lawyer's Duties And Responsibilities In Dispute Resolution, John D. Feerick Jan 1997

Toward Uniform Standards Of Conduct For Mediators Symposium: The Lawyer's Duties And Responsibilities In Dispute Resolution, John D. Feerick

Faculty Scholarship

It can no longer be doubted that alternative dispute resolution ("ADR") as a substitute for court-based litigation is growing in appeal. The high costs, adversarial nature, and time of traditional litigation have led to the development and popularity of other dispute resolution alternatives. ADR is making substantial inroads into the legal mainstream and is increasingly used in a wide variety of contexts by courts; federal, state, and local governments; businesses and private individuals. According to a recent survey conducted by the National Institute for Dispute Resolution, twenty-eight state courts now have mandatory, non-binding arbitration programs; more than half of the …

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A Post-Conference Reflection On Separate Ethical Aspirations For Adr's Not-So-Separate Practitioners, John Q. Barrett Jan 1997

A Post-Conference Reflection On Separate Ethical Aspirations For Adr's Not-So-Separate Practitioners, John Q. Barrett

Faculty Publications

At "The Lawyer's Duties and Responsibilities in Dispute Resolution" Symposium at South Texas College of Law, Oct. 25, 1996, a central topic of discussion was ADR's ethical separateness. There was a shared sense that ADR providers and practitioners confront a range of ethical issues that differ from those that confront non-ADR lawyers. On this view, because rules of professional responsibility are geared toward more adversarial forms of legal practice, they at best provide no answers and may provide wrong answers to ethical questions that arise in ADR. One solution would be to create new, separate, "role-specific" ethics rules for ADR …

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The Lawyer Turns Peacemaker, Richard C. Reuben Aug 1996

The Lawyer Turns Peacemaker, Richard C. Reuben

Faculty Publications

No doubt millions of people and businesses have benefited from simpler, less stressful modes of dispute resolution. Moreover, ADR is primed for much greater growth, as witnessed by the breathtaking expansion of court-related programs, the rush of lawyers and nonlawyers alike to mediation training seminars, and the pledge of thousands of businesses and large law firms to consider ADR options. But the child born of necessity is still, at best, teetering between adolescence and adulthood. For all of its potential to reshape the ways problems are solved, it still shows a dark side-coercion, conflicts, competency issues and commercialism -that leaves …

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The Ongoing Role Of Alternative Dispute Resolution In Federal Government Litigation, Peter R. Steenland, Jr., Peter A. Appel Jul 1996

The Ongoing Role Of Alternative Dispute Resolution In Federal Government Litigation, Peter R. Steenland, Jr., Peter A. Appel

Scholarly Works

This essay demonstrates that within appropriate guidelines, ADR has an important and growing role in the conduct of government litigation. To the extent that ADR can help the government save resources, this alone is of considerable public interest. More importantly ADR can help the government settle entire disputes rather than those pieces of disputes that become litigation events. ADR also involves the parties more directly in shaping the resolution of a dispute, and can often provide a result that is beyond the capacity of a court to provide. Because of the direct participation by the parties in mediation processes, ADR …

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Adr Toolbox: The Highwire Art Of Evaluation, Marjorie Corman Aaron May 1996

Adr Toolbox: The Highwire Art Of Evaluation, Marjorie Corman Aaron

Faculty Articles and Other Publications

Many mediators are uncomfortable with the idea of discussing or presenting evaluations. However, when parties reach an impasse, they often want the mediator to play an active role. In these cases, responsible use of evaluation is completely consistent with the goals of mediation. Mediators should provide an evaluation only if there is an insurmountable settlement gap that arises from the parties’ widely divergent views of what will happen if the case doesn’t settle. Evaluation is not a substitute for other essential mediation tools. It is a last step, but in many cases skipping that step means missing the sole opportunity …

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Reflections Of Judicial Adr And The Multi-Door Courthouse At Twenty: Fait Accompli, Failed Overture, Or Fledgling Adulthood, Jeffrey W. Stempel Jan 1996

Reflections Of Judicial Adr And The Multi-Door Courthouse At Twenty: Fait Accompli, Failed Overture, Or Fledgling Adulthood, Jeffrey W. Stempel

Scholarly Works

Like any trend, ADR has its skeptics and even some opponents. Considerable debate exists regarding the degree to which the increasing ADRization of traditionally judicial activity amounts to triumph or tragedy, a point well-illustrated by the past Schwartz Lectures. In the 1993 Schwartz Lecture, Professor Laura Nader described the ADR movement as a byproduct of society's attempt to suppress or conceal uncomfortable conflicts. In the 1994 Lecture, Professor Judith Resnik essentially concluded that the modern ADR movement has brought a regrettable de facto closing of the court house (or at least raised barriers to entry) and replaced reflective decision-making about …

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Standards Of Professional Conduct In Alternative Dispute Resolution Symposium, John D. Feerick, Carol Izumi, Kimberlee Kovach, Lela Love Jan 1995

Standards Of Professional Conduct In Alternative Dispute Resolution Symposium, John D. Feerick, Carol Izumi, Kimberlee Kovach, Lela Love

Faculty Scholarship

ADR is unique in being interdisciplinary and interprofessional. ADR neutrals perform in a distinctive role and not as members of their own profession. The ADR process demands adherence to policies like voluntariness, respect for party autonomy, and confidentiality, which, in turn, make special ethical demands on ADR neutrals. Thus there are compelling reasons to contemplate an interdisciplinary code of conduct that addresses the professional duties and obligations of ADR neutrals. Standards of conduct for ADR has been a much discussed and debated topic over the past decade, both as to source and content. The two principal sources of standards have …

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From Star To Supernova To Dark, Cold Neutron Star: The Early Life, The Explosion And The Collapse Of Arbitration, Michael Hunter Schwartz Oct 1994

From Star To Supernova To Dark, Cold Neutron Star: The Early Life, The Explosion And The Collapse Of Arbitration, Michael Hunter Schwartz

Law Faculty Scholarship

No abstract provided.

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Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman Jan 1994

Comparative Analysis Of Labor Mediation Using A Bargaining Strength Model, Alvin L. Goldman

Law Faculty Scholarly Articles

The comparison of different legal systems offers a number of analytical and research advantages, one of which is that it provides a laboratory for observing differences and similarities in the ways in which common regulatory and dispute resolution models operate in similar and dissimilar environments. This Essay uses that laboratory to illustrate how the bargaining strength model presented in Settling for More: Mastering Negotiation Strategies and Techniques can be applied in analyzing mediatory interventions and provide a better understanding of (a) how such interventions can be utilized most effectively, (b) when they are useful, (c) when they are superfluous, and …

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What Happens When Mediation Is Institutionalized?: To The Parties, Practitioners, And Host Institutions, James J. Alfini, John Barkai, Robert Baruch Bush, Michele Hermann, Jonathan Hyman, Kimberlee Kovach, Carol B. Liebman, Sharon Press, Leonard Riskin Jan 1994

What Happens When Mediation Is Institutionalized?: To The Parties, Practitioners, And Host Institutions, James J. Alfini, John Barkai, Robert Baruch Bush, Michele Hermann, Jonathan Hyman, Kimberlee Kovach, Carol B. Liebman, Sharon Press, Leonard Riskin

Faculty Scholarship

The Alternative Dispute Resolution Section of the Association of American Law Schools presented a program, at the 1994 AALS Conference, on the institutionalization of mediation – through courtconnected programs and otherwise. The topic is an important one, because this phenomenon has become increasingly common in recent years. Moreover, the topic seemed especially appropriate for the 1994 program, since Florida – the host state for the conference – was one of the first states to adopt a comprehensive statute providing for court-ordered mediation (at the trial judge's option) in civil disputes of all kinds. The move toward institutionalizing mediation has raised …

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Building And Maintaining A Statewide Mediation Program: A View From The Field, Sharon Press Jan 1993

Building And Maintaining A Statewide Mediation Program: A View From The Field, Sharon Press

Kentucky Law Journal

No abstract provided.

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The Development And Organization Of Domestic Relations Mediation In A Multi-Function Mediation Center In Kentucky, Gary W. Paquin Jan 1993

The Development And Organization Of Domestic Relations Mediation In A Multi-Function Mediation Center In Kentucky, Gary W. Paquin

Kentucky Law Journal

No abstract provided.

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Establishing A Joint State Bar Association And Supreme Court Commission On Alternative Dispute Resolution, Jack P. Etheridge Jan 1993

Establishing A Joint State Bar Association And Supreme Court Commission On Alternative Dispute Resolution, Jack P. Etheridge

Kentucky Law Journal

No abstract provided.

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Training Interveners For Adr Processes, Joseph B. Stulberg Jan 1993

Training Interveners For Adr Processes, Joseph B. Stulberg

Kentucky Law Journal

No abstract provided.

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State Offices Of Mediation: Thoughts On The Evolution Of A National Network, Peter S. Adler Jan 1993

State Offices Of Mediation: Thoughts On The Evolution Of A National Network, Peter S. Adler

Kentucky Law Journal

No abstract provided.

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The Neighborhood Justice Center Movement, Edith B. Primm Jan 1993

The Neighborhood Justice Center Movement, Edith B. Primm

Kentucky Law Journal

No abstract provided.

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Running Statewide Dispute Resolution Programs--The New York Experience, Thomas F. Christian Jan 1993

Running Statewide Dispute Resolution Programs--The New York Experience, Thomas F. Christian

Kentucky Law Journal

No abstract provided.

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Implementing Custody Mediation In Family Court: Some Comments On The Jefferson County Family Court Experience, Louise Everett Graham Jan 1993

Implementing Custody Mediation In Family Court: Some Comments On The Jefferson County Family Court Experience, Louise Everett Graham

Kentucky Law Journal

No abstract provided.

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Court-Annexed Arbitration--The Northern Kentucky Experience, Christopher J. Mehling, Donald Stepner Jan 1993

Court-Annexed Arbitration--The Northern Kentucky Experience, Christopher J. Mehling, Donald Stepner

Kentucky Law Journal

No abstract provided.

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Reflections On The Role Of The Neutral Lawyer: The Lawyer As Mediator, Karen A. Zerhusen Jan 1993

Reflections On The Role Of The Neutral Lawyer: The Lawyer As Mediator, Karen A. Zerhusen

Kentucky Law Journal

No abstract provided.

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Prospects For Adr In Patent Disputes: An Empirical Assessment Of Attorneys' Attitudes, Thomas G. Field Jr., Michael Rose Jan 1992

Prospects For Adr In Patent Disputes: An Empirical Assessment Of Attorneys' Attitudes, Thomas G. Field Jr., Michael Rose

Law Faculty Scholarship

For the most part, parties with a legal dispute have either settled their differences or, when that wasn't possible, litigated them. However, alternative dispute resolution (ADR) is increasingly urged as a supplement or substitute in a wide range of areas. ADR usually involves at least one third party who is employed by neither the judicial system nor one of the parties to the dispute. The third party may be a mediator, who helps the parties reach settlement, or an arbitrator, who renders a decision. While arbitration has been widely used for many years, until very recently, mediation (or conciliation) was …

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A Primer On Resolving Disputes: Lessons From Alternative Dispute Resolution, Harold I. Abramson Jan 1992

A Primer On Resolving Disputes: Lessons From Alternative Dispute Resolution, Harold I. Abramson

Scholarly Works

No abstract provided.

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The Role Of Alternative Dispute Resolution In Superfund Enforcement, Heidi Wilson Abbott Oct 1990

The Role Of Alternative Dispute Resolution In Superfund Enforcement, Heidi Wilson Abbott

William & Mary Environmental Law and Policy Review

No abstract provided.

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Teaching Mediation As A Lawyering Role, Jacqueline M. Nolan-Haley, Maria R. Volpe Oct 1989

Teaching Mediation As A Lawyering Role, Jacqueline M. Nolan-Haley, Maria R. Volpe

Journal of Legal Education

No abstract provided.

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Integrating Dispute Resolution Into Standard First-Year Courses: The Missouri Plan, Leonard L. Riskin, James E. Westbrook Oct 1989

Integrating Dispute Resolution Into Standard First-Year Courses: The Missouri Plan, Leonard L. Riskin, James E. Westbrook

Journal of Legal Education

No abstract provided.

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Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff Jan 1989

Public Programs, Private Deciders: The Constitutionality Of Arbitration In Federal Programs, Harold H. Bruff

Publications

No abstract provided.

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Unions And Urinalysis, Deborah A. Schmedemann Jan 1988

Unions And Urinalysis, Deborah A. Schmedemann

Faculty Scholarship

Many private employers seem to be busy deciding whether and how to test employees for drug use. Presumably most of these decisions are made by management acting alone. However, in unionized workplaces—one out of five private sector employees are represented by unions—federal labor law prescribes a different method. That method features collective bargaining by unions and management to set the rules, the use of a private third-party neutral to resolve disputes which arise under those rules (arbitration), and relatively little involvement by the government (the National Labor Relations Board, legislatures, and the courts). This system that labor law prescribes for …

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Adr And Civil Procedure: A Chapter Or An Organizing Theme?, Bryant G. Garth Mar 1987

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

Journal of Legal Education

No abstract provided.

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Rethinking The Teaching Of Civil Procedure, Elizabeth N. Schneider Mar 1987

Rethinking The Teaching Of Civil Procedure, Elizabeth N. Schneider

Journal of Legal Education

No abstract provided.

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