References
Problem-Solving Advocacy in Meditations: A Model of Client Representation
February 8, 2012
The article addresses how attorneys participating in mediation can represent their clients in a way that takes full advantage of the problem-solving opportunities offered by mediation. A successful advocate can solicit the mediator to use different techniques throughout the mediation process. The author discusses how an attorney may use a problem-solving approach that involves the analysis of interests, impediments, and ways mediators' assistance may be used during mediation.
February 8, 2012
The article addresses how attorneys participating in mediation can represent their clients in a way that takes full advantage of the problem-solving opportunities offered by mediation. A successful advocate can solicit the mediator to use different techniques throughout the mediation process. The author discusses how an attorney may use a problem-solving approach that involves the analysis of interests, impediments, and ways mediators' assistance may be used during mediation.
Immune Neglect: A Source of Durability Bias in Affective Forecasting
February 8, 2012
People are generally unaware of the operation of the system of cognitive mechanisms that ameliorate their experience of negative affect (the psychological immune system), and thus they tend to overestimate the duration of their affective reactions to negative events. This tendency was demonstrated in 6 studies in which participants overestimated the duration of their affective reactions to the dissolution of a romantic relationship, the failure to achieve tenure, an electoral defeat, negative personality...
February 8, 2012
People are generally unaware of the operation of the system of cognitive mechanisms that ameliorate their experience of negative affect (the psychological immune system), and thus they tend to overestimate the duration of their affective reactions to negative events. This tendency was demonstrated in 6 studies in which participants overestimated the duration of their affective reactions to the dissolution of a romantic relationship, the failure to achieve tenure, an electoral defeat, negative personality...
Doctors & Juries
February 8, 2012
Legislation is pending in both houses of Congress to transfer medical malpractice cases from civil juries to administrative health courts. The Institute of Medicine also wants to take malpractice cases away from juries through a system of binding early settlement offers. Each of these proposals is premised on the assumption that juries lack the capacity to resolve medical malpractice disputes fairly. This Article evaluates that premise. It collects and synthesizes three decades of empirical research...
February 8, 2012
Legislation is pending in both houses of Congress to transfer medical malpractice cases from civil juries to administrative health courts. The Institute of Medicine also wants to take malpractice cases away from juries through a system of binding early settlement offers. Each of these proposals is premised on the assumption that juries lack the capacity to resolve medical malpractice disputes fairly. This Article evaluates that premise. It collects and synthesizes three decades of empirical research...
When Speciality Designs Cause Building Disasters: Responsibility for Shared Architectural and Engineering Services
February 8, 2012
In this article, Circo argues that specialty design-build practices in the construction industry mandate a fresh consideration of the allocation of risk of a building disaster. In his view, the allocation of risk should correspond with the expectations of the involved parties while also addressing overarching public policy considerations. The article raises policy concerns that should inform mediators and arbitrators as they examine risk allocation ofdesign-build construction projects.
February 8, 2012
In this article, Circo argues that specialty design-build practices in the construction industry mandate a fresh consideration of the allocation of risk of a building disaster. In his view, the allocation of risk should correspond with the expectations of the involved parties while also addressing overarching public policy considerations. The article raises policy concerns that should inform mediators and arbitrators as they examine risk allocation ofdesign-build construction projects.
In The Replay Booth: Looking at Appeals of Arbitration Decisions in Sports Through Miami Dolphins v. Williams
February 8, 2012
Gordon looks at the recent arbitration and subsequent litigation over NFL player Ricky Williams's retirement. While a petitioner can persuade a court to review the merits of an arbitrator's award, Gordon argues that arbitration agreements under the collective bargaining agreements in sports leagues and unions should be given high deference when reviewed by a court.
February 8, 2012
Gordon looks at the recent arbitration and subsequent litigation over NFL player Ricky Williams's retirement. While a petitioner can persuade a court to review the merits of an arbitrator's award, Gordon argues that arbitration agreements under the collective bargaining agreements in sports leagues and unions should be given high deference when reviewed by a court.
Beyond the Liability Wall: Strengthening Tort Remedies in International Environmental Law
February 8, 2012
Currently, environmental civil treaties are rarely adopted and scarcely enforced. The author presents a macro-level model to demonstrate problems and then outlines a solution.
February 8, 2012
Currently, environmental civil treaties are rarely adopted and scarcely enforced. The author presents a macro-level model to demonstrate problems and then outlines a solution.
Conflict Resolution For the Helping Professions
February 8, 2012
Barsky presents an instructive text that teaches readers how to apply alternative dispute resolution techniques in a variety of conflicts. The text uses case studies, class exercises, discussion questions, role-plays, and assignments.
February 8, 2012
Barsky presents an instructive text that teaches readers how to apply alternative dispute resolution techniques in a variety of conflicts. The text uses case studies, class exercises, discussion questions, role-plays, and assignments.
Statistics, Not Experts
February 8, 2012
The legal system should rely much more than it now does on statistical evidence. It should be cautious about the judgments of experts, who make predictable cognitive errors. Like everyone else, experts have a tendency to blunder about risk, a point that has been shown to hold for doctors, whose predictions significantly err in the direction of optimism. We present new evidence that individual doctors' judgments about the ordinary standard of care are incorrect and excessively optimistic. We also...
February 8, 2012
The legal system should rely much more than it now does on statistical evidence. It should be cautious about the judgments of experts, who make predictable cognitive errors. Like everyone else, experts have a tendency to blunder about risk, a point that has been shown to hold for doctors, whose predictions significantly err in the direction of optimism. We present new evidence that individual doctors' judgments about the ordinary standard of care are incorrect and excessively optimistic. We also...
A Critique of the Illinois Circuit Rules Concerning Court-Ordered Mediation
February 8, 2012
The author suggests that all the circuits should adopt the Illinois Uniform Mediation Act (IUMA) in such areas as confidentiality, mediator ethics, de- certification, and training. The article discusses court-ordered mediation in general and then in the context of the circuit rules. In conclusion, the article recommends further education for all parties involved.
February 8, 2012
The author suggests that all the circuits should adopt the Illinois Uniform Mediation Act (IUMA) in such areas as confidentiality, mediator ethics, de- certification, and training. The article discusses court-ordered mediation in general and then in the context of the circuit rules. In conclusion, the article recommends further education for all parties involved.
Due Process in Class Arbitration
February 8, 2012
The author analyzes three due process issues in class arbitration. The United States Supreme Court has not addressed whether the law requires due process in class arbitration. The author addresses whether due process is required in class action arbitration under the state action doctrine, whether due process in class arbitration is appropriate even if not required, and sufficiency of the three existing approaches to providing due process in class arbitration.
February 8, 2012
The author analyzes three due process issues in class arbitration. The United States Supreme Court has not addressed whether the law requires due process in class arbitration. The author addresses whether due process is required in class action arbitration under the state action doctrine, whether due process in class arbitration is appropriate even if not required, and sufficiency of the three existing approaches to providing due process in class arbitration.
