References
Minorities, Mediation and Method: The View from One Court-Connected Mediation Program
February 8, 2012
The author argues it is time to reconsider the critiques of Critical Race Theorists regarding how minority groups are affected when participating in mediations.
February 8, 2012
The author argues it is time to reconsider the critiques of Critical Race Theorists regarding how minority groups are affected when participating in mediations.
Emerging Neurotechnologies for Lie Detection and the Fifth Element
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
Koshko v. Haining: Does A Heightened Standard for Grandparent Visitation Really Protect Children’s Best Interests?
February 8, 2012
Under Koshko v. Haining,the court held that when seeking visitation rights, grandparents must show unfitness of the parents. This article argues that requiring mandatory mediation in all third party visitation cases would protect parental rights while reducing children's exposure to harmful litigation.
February 8, 2012
Under Koshko v. Haining,the court held that when seeking visitation rights, grandparents must show unfitness of the parents. This article argues that requiring mandatory mediation in all third party visitation cases would protect parental rights while reducing children's exposure to harmful litigation.
Modeling Arbitration: Evaluating Risks and Settlements of Dispute Using Regret Theory
February 8, 2012
This paper presents a mathematical model to evaluate the risks of arbitration in contractual disputes to decide whether or not to raise an arbitration case for a claim. It adds the ingredient of a regret theory approach for taking that decision, if an amicable settlement amount is not agreed. Many other models that are based on decision trees, game theory, and neural networks lack a regret theory approach. The inclusion of regret theory in this model may be adaptable to any other models available...
February 8, 2012
This paper presents a mathematical model to evaluate the risks of arbitration in contractual disputes to decide whether or not to raise an arbitration case for a claim. It adds the ingredient of a regret theory approach for taking that decision, if an amicable settlement amount is not agreed. Many other models that are based on decision trees, game theory, and neural networks lack a regret theory approach. The inclusion of regret theory in this model may be adaptable to any other models available...
The Art of the Settlement
February 8, 2012
This manual is designed as part of a training seminar focued on effective advocacy in attempting to negotiate an advantageous settlement. Topics covered include devising a settlement strategy, negotiation techniques, and settlement conferences.
February 8, 2012
This manual is designed as part of a training seminar focued on effective advocacy in attempting to negotiate an advantageous settlement. Topics covered include devising a settlement strategy, negotiation techniques, and settlement conferences.
Bargaining with Baseball: Labor Relations in an Age of Prosperous Turmoil
February 8, 2012
This book focuses on the labor-management relationships in baseball throughout its 140-year history. It focuses, among other things, on the collective bargaining process that goes on between baseball labor and management. As Chairman of the national Labor Relations Board, the author had a key role in ending the historic baseball strike of 1994-95.
February 8, 2012
This book focuses on the labor-management relationships in baseball throughout its 140-year history. It focuses, among other things, on the collective bargaining process that goes on between baseball labor and management. As Chairman of the national Labor Relations Board, the author had a key role in ending the historic baseball strike of 1994-95.
Trashing, Bashing, And Hashing It Out: Is This The End Of Good Mediation?
February 8, 2012
This article, based on studies at the Florida Dispute Resolution Center in 1990, compares new privatized and legalized mediation to traditional methods of and attitudes toward mediation. Part I traces the history and current status of court sponsored mediation programs in Florida. Through interviews with mediators and lawyers participating in a circuit court mediations, circuit mediation practices, styles, and strategies are assessed in Part II. Part III concludes that although circuit mediation...
February 8, 2012
This article, based on studies at the Florida Dispute Resolution Center in 1990, compares new privatized and legalized mediation to traditional methods of and attitudes toward mediation. Part I traces the history and current status of court sponsored mediation programs in Florida. Through interviews with mediators and lawyers participating in a circuit court mediations, circuit mediation practices, styles, and strategies are assessed in Part II. Part III concludes that although circuit mediation...
A Historic Breakthrough on the Crime of Aggression
February 8, 2012
This article looks at the negotiating process that led up to the Review Conference of the Rome Statute of the International Criminal Court adopting of amendments regarding the crime of aggression. It begins at the negotiations that were dubbed the Princeton Process and follows the roles that different delegations and debates had in shaping the amendments on the crime of aggression.
February 8, 2012
This article looks at the negotiating process that led up to the Review Conference of the Rome Statute of the International Criminal Court adopting of amendments regarding the crime of aggression. It begins at the negotiations that were dubbed the Princeton Process and follows the roles that different delegations and debates had in shaping the amendments on the crime of aggression.
The One Minute Manager Prepares for Mediation: A Multidisciplinary Approach to Negotiation Preparation
February 8, 2012
This article explains how lawyers and managers can enjoy greater success in mediation. It provides a decision tree for establishing an individualized dispute resolution process that focuses on the roles that need to be filled and who should fill them. The article achieves this negotiating planning instrument by analyzing a traditionally litigated case, overlaying it with an economic decision tree and then adapting it to negotiation planning.
February 8, 2012
This article explains how lawyers and managers can enjoy greater success in mediation. It provides a decision tree for establishing an individualized dispute resolution process that focuses on the roles that need to be filled and who should fill them. The article achieves this negotiating planning instrument by analyzing a traditionally litigated case, overlaying it with an economic decision tree and then adapting it to negotiation planning.
Letting the Arbitrator Decide Unconscionability Challenges
February 8, 2012
This article examines how courts are allocating jurisdictional questions relating to unconscionability to the arbitrator, and assesses the approach of U.S. courts to this issue. The U.S. allocation rule is evolving toward one of deference to the arbitrator, allowing the arbitrator to make an initial determination of whether there is an enforceable agreement to arbitrate. French law prohibits pre-dispute arbitration of consumer and employment disputes. Recent U.S. arbitrability decisions may prompt...
February 8, 2012
This article examines how courts are allocating jurisdictional questions relating to unconscionability to the arbitrator, and assesses the approach of U.S. courts to this issue. The U.S. allocation rule is evolving toward one of deference to the arbitrator, allowing the arbitrator to make an initial determination of whether there is an enforceable agreement to arbitrate. French law prohibits pre-dispute arbitration of consumer and employment disputes. Recent U.S. arbitrability decisions may prompt...
