Open Access. Powered by Scholars. Published by Universities.®
Dispute Resolution and Arbitration Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
-
- University of Missouri School of Law (127)
- St. John's University School of Law (6)
- Pepperdine University (4)
- Texas A&M University School of Law (4)
- University of Florida Levin College of Law (4)
-
- University of Arkansas Little Rock (3)
- University of Cincinnati College of Law (3)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- Fordham Law School (1)
- Roger Williams University (1)
- Singapore Management University (1)
- University of Montana (1)
- Publication Year
- Publication
- Publication Type
Articles 151 - 159 of 159
Full-Text Articles in Dispute Resolution and Arbitration
A Model For Arbitration: Autonomy, Cooperation And Curtailment Of State Power, Kenneth
A Model For Arbitration: Autonomy, Cooperation And Curtailment Of State Power, Kenneth
Fordham Urban Law Journal
As compared with the formal pleadings, massive discovery, aggressive motion practice, and endless appeals of litigation, arbitration is undoubtedly more efficient as a dispute resolution mechanism. However, efficiency is only one of many advantages of arbitration. Arbitration empowers disputing parties, promotes individual autonomy and cooperation, and curtails the power of government in the process. Still, the state should not wholly limit its involvement in arbitral processes; the courts do and should have a substantial role in determining the enforceability of arbitration agreements and awards in a few select contexts. Overall, courts should enforce arbitration agreements and only limit enforceability that …
Qualification Requirements Of Mediators, Norma Jeanne Hill
Qualification Requirements Of Mediators, Norma Jeanne Hill
Journal of Dispute Resolution
As the use of Alternative Dispute Resolution spreads, the question of who is qualified to provide mediation services becomes ever more important. In determining which selection methods to use in choosing qualified mediators for a particular court or program, attention should be paid to the effectiveness of each specific method, the cost to use it, and whether the method unduly discriminates against individuals of different cultural groups or with varying mediation styles. Just like any other selection procedure in the world of employment, a mediator qualification requirement ought to be analyzed in terms of effectiveness, cost, and discriminatory effects before …
Beyond Formalism And False Dichotomies: The Need For Institutionalizing A Flexible Concept Of The Mediator's Role, Jeffrey W. Stempel
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 …
Adr Toolbox: The Highwire Art Of Evaluation, Marjorie Corman Aaron
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 …
Understanding Mediators' Orientations, Strategies, And Techniques: A Grid For The Perplexed, Leonard L. Riskin
Understanding Mediators' Orientations, Strategies, And Techniques: A Grid For The Perplexed, Leonard L. Riskin
UF Law Faculty Publications
This Article begins with a review of previous efforts to categorize mediation and their shortfalls, including the lack of any widely-shared comprehensive method for describing the various approaches to mediation practice. The Article then offers a new "grid" system for classifying mediator orientations, strategies, and techniques and describes the potential utility of the grid, particularly its effectiveness in selecting mediators.
Bush On Mediator Dilemmas, Joseph B. Stulberg
Bush On Mediator Dilemmas, Joseph B. Stulberg
Journal of Dispute Resolution
Despite its richness, I believe that there are three features of the study that raise both conceptual and practical difficulties. They are: (1) its methodology for identifying ethical dilemmas; (2) its presumptions regarding the extent to which public policy can or should address some or all of the mediator's dilemmas; and (3) its applicability to mediator roles and dilemmas in contexts outside a court-referral system. I consider each of these features below.
The Represented Client In A Settlement Conference: The Lessons Of G. Heileman Brewing Co. V. Joseph Oat Corp., Leonard L. Riskin
The Represented Client In A Settlement Conference: The Lessons Of G. Heileman Brewing Co. V. Joseph Oat Corp., Leonard L. Riskin
UF Law Faculty Publications
This Article sets out various perspectives that litigants, lawyers and judges commonly bring to settlement conferences, perspectives on lawyer-client relations, negotiation, and the role of the judicial host. In examining the opinions in the Heileman case, along with other materials, the Article attempts to uncover the underlying assumptions about the settlement conference that informed the behavior of the judges and lawyers in that case, arguing that Heileman's explanation lies in the lawyers' and judges' tendency to embrace one of two radically different visions of the settlement conference. The Article then catalogs the advantages and disadvantages of involving clients in settlement …
Mediator Accountability: Responding To Fairness Concerns, Judith L. Maute
Mediator Accountability: Responding To Fairness Concerns, Judith L. Maute
Journal of Dispute Resolution
Mediation and newer forms of dispute resolution provide much-needed options to the traditional litigation forum. The adversary process is too contentious, expensive and time-consuming for many disputes. Nevertheless, some thoughtful lawyers and legal scholars voice concern that mediation may cut short legal developments on important issues of public concern and reinforce existing power disparities between parties.' Traditional commitment to mediator neutrality may undermine protection of parties' legal rights.
Mediator Expectations And Professional Training: Implications For Teaching Dispute Resolution, Raymond Albert
Mediator Expectations And Professional Training: Implications For Teaching Dispute Resolution, Raymond Albert
Journal of Dispute Resolution
Thus, this study explores the following questions within the context of landlord-tenant disputes: What are mediator role expectations? Do these vary depending on the mediator's professional training? What are the implications for the teaching of disputes resolution?