References
Thoughts About Spiritual Fatigue: Sustaining Our Energy by Staying Centered
February 8, 2012
This article describes what spiritual fatigue is and how it relates to mediators. It also suggests ways for mediators to overcome spiritual fatigue.
February 8, 2012
This article describes what spiritual fatigue is and how it relates to mediators. It also suggests ways for mediators to overcome spiritual fatigue.
Decisionmaking About General Damages: A Comparison of Jurors, Judges, and Lawyers
February 8, 2012
The research reported in this Article investigates jurors
February 8, 2012
The research reported in this Article investigates jurors
The Evolving Role of the Labor Arbitrator
February 8, 2012
The authors explore the evolving role of the labor arbitrator with respect to the parties' expectations and public law. Issues include: the traditional role of the arbitrator as an instrument of the parties' system of workplace self- government, the expansion of public regulation of the workplace, and potential conflicts between the arbitrator's accountability to the parties' expectations and the arbitrator's evolving role as adjudicator of employees' public law claims.
February 8, 2012
The authors explore the evolving role of the labor arbitrator with respect to the parties' expectations and public law. Issues include: the traditional role of the arbitrator as an instrument of the parties' system of workplace self- government, the expansion of public regulation of the workplace, and potential conflicts between the arbitrator's accountability to the parties' expectations and the arbitrator's evolving role as adjudicator of employees' public law claims.
The Discourse Beneath: Emotional Epistemology in Legal Deliberation and Negotiation
February 8, 2012
The author explores the relationship between emotion and traditional legal remedies, as well as in alternative dispute resolution. While lawyers are often discouraged from using their emotional knowledge, emotionality is an important part of our culture. An effective negotiator must consult a constant stream of emotional data to keep a negotiation on track.
February 8, 2012
The author explores the relationship between emotion and traditional legal remedies, as well as in alternative dispute resolution. While lawyers are often discouraged from using their emotional knowledge, emotionality is an important part of our culture. An effective negotiator must consult a constant stream of emotional data to keep a negotiation on track.
The Truth Shall Set You Free: A Distinctively Christian Approach to Deception in the Negotiation Process
February 8, 2012
The author argues the Christian religion, as opposed to professional ethical standards, would require parties in negotiations to be completely honest in order to foster the most beneficial outcomes for those involved and maintain reliability and respect in personal relationships.
February 8, 2012
The author argues the Christian religion, as opposed to professional ethical standards, would require parties in negotiations to be completely honest in order to foster the most beneficial outcomes for those involved and maintain reliability and respect in personal relationships.
Technology’s Impact: The Quest for a New Paradigm for Accountability in Mediation
February 8, 2012
The article proposes a new paradigm for resolving the accountability dilemma in mediation. This dilemma stems from the fact that the very qualities that render mediation attractive to disputants and successful where formal options fail - flexibility and confidentiality - also frustrate conventional mechanisms for ensuring the delivery of fair and effective mediation services. Accountability measures in mediation have typically relied on formal (legal) or informal (reputation, professionalism) mechanisms....
February 8, 2012
The article proposes a new paradigm for resolving the accountability dilemma in mediation. This dilemma stems from the fact that the very qualities that render mediation attractive to disputants and successful where formal options fail - flexibility and confidentiality - also frustrate conventional mechanisms for ensuring the delivery of fair and effective mediation services. Accountability measures in mediation have typically relied on formal (legal) or informal (reputation, professionalism) mechanisms....
Technology Mediated Dispute Resolution (TMDR): a New Paradigm for ADR
February 8, 2012
Technology is changing the way that children are communicating (particularly elementary and pre-school aged children), and these changes have significant implications for alternative dispute resolution processes and practices. Although ADR practitioners and theorists are not ignoring technology, we have focused almost exclusively on the question of how we can use technology to enhance our existing practices. We are not paying sufficient attention to the fact that young children are communicating...
February 8, 2012
Technology is changing the way that children are communicating (particularly elementary and pre-school aged children), and these changes have significant implications for alternative dispute resolution processes and practices. Although ADR practitioners and theorists are not ignoring technology, we have focused almost exclusively on the question of how we can use technology to enhance our existing practices. We are not paying sufficient attention to the fact that young children are communicating...
Making Peace and Making Money: Economic Analysis of The Market for Mediators in Private Practice
February 8, 2012
See attribution below.
February 8, 2012
See attribution below.
Alternative Dispute Resolution: Law, Procedure, and Commentary for the Pennsylvania Practitioner
February 8, 2012
Two-volume treatise geared toward assisting the Pennsylvania practitioner to navigate ADR systems. Topics include the role of the attorney in ADR processes and an in-depth discussion of mediation, arbitration, and earlyevaluation mechanisms.
February 8, 2012
Two-volume treatise geared toward assisting the Pennsylvania practitioner to navigate ADR systems. Topics include the role of the attorney in ADR processes and an in-depth discussion of mediation, arbitration, and earlyevaluation mechanisms.
The Law and Economics of Contract Interpretation
February 8, 2012
This paper discusses the usefulness of arbitration to solve contract interpretation disputes. The author offers several suggestions as to why including an arbitration clause in a contract may be beneficial for both parties, including privacy, the reliability of arbitrators, and mistrust of jurors as contract interpreters.
February 8, 2012
This paper discusses the usefulness of arbitration to solve contract interpretation disputes. The author offers several suggestions as to why including an arbitration clause in a contract may be beneficial for both parties, including privacy, the reliability of arbitrators, and mistrust of jurors as contract interpreters.
