When it comes to grounds for divorce, New York continues to operate primarily as a fault-based system. The author argues that the introduction of collaborative law will have little practical effect unless combined with the adoption of a no-fault provision by the New York Legislature.
This study uses experimental methods to explore the role of apologies in legal settlement negotiation. Specifically, the study examines the influences of apologies on disputants' perceptions, and the effects of apologies on a number of judgments that influence negotiation outcomes -- settlement levers such as reservation prices, aspirations, and judgments of fair settlement amounts. Five-hundred fifty-six participants were asked to take the role of potential plaintiffs, to provide their reactions...
This essay looks at the broad institutional support now in place for communications skills training in the medical field. The effect of mediation skills training is examined for its role in changing the approach some lawyers take in conflict resolution and the practice of law.
This article undertakes an in-depth examination of negotiated rulemaking by a regional air quality agency in the state of California. The article further evaluates the negotiation against the seven factors commonly cited as demonstrating either the merits of, or problems with, the use of negotiated rulemaking.
This article presents and analyzes both the requirements for membership as well as the processes used in the NCAA'S Division I Infractions Committee. The article advocates that the model currently used is the model best suited for resolving disputes about NCAA rules infractions and is superior to any other model that has been proposed. The authors are both former members of the Committee.
This article investigate the relationship between the Comprehensive Environmental Clean-up and Liability Act (CERCLA) and ADR. It explains that ADR principles are important for resolving CERCLA disputes because they allow for faster settlements with more favorable terms to the parties. It provides examples of CERCLA sites that were cleaned up as a result of mediated settlements and the exercise of ADR principles. Finally, the article discusses how mediated settlements are helping to fund remediation...