While appreciating the valuable benefits of rules as policy instruments in many situations, this Article argues that we should normally resist the temptation to make policies governing ADR processes merely or primarily be adopting new rules.
Through the discussion of two cases brought against New York hospitals, this article examines the role of mediation in medical malpractice disputes. The benefits of mediation include improved patient safety and financial savings for both parties. However, for mediation to work successfully, government officials and health care providers must give guidance as to how conflicts should be handled and the role of the lawyer and physician involved.
This note describes the acceptance and rise of alternative dispute resolution in the IRS. While negotiation between delinquent taxpayers and the IRS Appeals Office has been successful, the main focus of the note is the flawed beginnings of the IRS mediation program. Parsly offers some possible improvements to the system.
This article provides a roadmap for reaching settlement in the mediation process. It acknowledges that there are a number of ways to reach settlement, but outlines six steps that will most likely lead to settlement. Specifically, it asserts that in working to reach settlement, an attorney should prepare the client, prepare the mediator, and prepare a strategy for the mediation beforehand.