References
Lawyer Views on Mandatory Arbitration: Mandatory Arbitration in Arizona: Structure and Performance
February 8, 2012
Second in a series, this article examines how mandatory mediation is designed to function and how it performs in reality. This analysis takes place in the wake of a study involving the use of court-connected arbitration. The study included a survey of Arizona lawyers (addressed in a separate article), an examination of the structure of arbitration programs in each county, an analysis of the performance of arbitration based on case processing data, and a review of the structure and performance of court-connected...
February 8, 2012
Second in a series, this article examines how mandatory mediation is designed to function and how it performs in reality. This analysis takes place in the wake of a study involving the use of court-connected arbitration. The study included a survey of Arizona lawyers (addressed in a separate article), an examination of the structure of arbitration programs in each county, an analysis of the performance of arbitration based on case processing data, and a review of the structure and performance of court-connected...
Crossing Borders into New Ethical Territory: Ethical Challenges When Mediating Cross-Culturall
February 8, 2012
Mediators sometimes resist carrying out the wishes of the parties involved within mediation. When a mediator tries to exert influence over the will of parties within an international mediation, it is called cultural imperialism. This article discusses how a mediator can ethically bridge such mediatorparty gaps
February 8, 2012
Mediators sometimes resist carrying out the wishes of the parties involved within mediation. When a mediator tries to exert influence over the will of parties within an international mediation, it is called cultural imperialism. This article discusses how a mediator can ethically bridge such mediatorparty gaps
Exposing Dead Air: Challenging the Constitutional Sufficiency of Uninsured Motorist Arbitration Procedures
February 8, 2012
In this note, Amin critiques the mandatory arbitration procedures currently required by insurance companies for uninsured motorist (UM) claims. The author notes the inherent unfairness, as well as threat to procedural due process, present in the system.
February 8, 2012
In this note, Amin critiques the mandatory arbitration procedures currently required by insurance companies for uninsured motorist (UM) claims. The author notes the inherent unfairness, as well as threat to procedural due process, present in the system.
In Pursuit of Settlement: Deciphering Judicial Activism
February 8, 2012
In discussing judicial involvement in settlement, the author argues that even though Rule 16 of the Federal Rules of Civil Procedure authorizes judges to order settlement conferences, the Model Code of Judicial Conduct should include guidelines to help define what the court can do ethically to encourage settlement of cases without being coercive. Barnao provides historical background information regarding the current rules of judicial involvement in settlement, a discussion of proposed changes to those...
February 8, 2012
In discussing judicial involvement in settlement, the author argues that even though Rule 16 of the Federal Rules of Civil Procedure authorizes judges to order settlement conferences, the Model Code of Judicial Conduct should include guidelines to help define what the court can do ethically to encourage settlement of cases without being coercive. Barnao provides historical background information regarding the current rules of judicial involvement in settlement, a discussion of proposed changes to those...
What Do You Get When You Add Megan Williams to Matthew Shepard and Victim-Offender Mediation? A Hate Crime Law that Prosecutors Will Actually Want to Use
February 8, 2012
Evalutes the use of Victim-Offender Mediation in hate crime punishment.
February 8, 2012
Evalutes the use of Victim-Offender Mediation in hate crime punishment.
A Destruction of Muslim Identity: Ontario’s Decision to Stop Shari’a Based Arbitration
February 8, 2012
Brown argues that the basic premise for allowing Muslim arbitration is that Islamic law is critical to Muslim identity. While acknowledging the critics of religious arbitration, Brown hopes that this issue will be revisited because of its importance.
February 8, 2012
Brown argues that the basic premise for allowing Muslim arbitration is that Islamic law is critical to Muslim identity. While acknowledging the critics of religious arbitration, Brown hopes that this issue will be revisited because of its importance.
ADR in Business: Practice and Issues Across Countries and Cultures
February 8, 2012
ADR in Business looks at ADR as a way of resolving business disputes, particularly at the international level. Drawing upon diverse approaches, ADR experts from a variety of countries explore the situations to which ADR lends itself and the different permutations it offers to allow each dispute to be handled in the manner most fitting to the circumstances. The contributors also show how ADR serves such important considerations as the interests involved in the dispute, the need to avoid a public display...
February 8, 2012
ADR in Business looks at ADR as a way of resolving business disputes, particularly at the international level. Drawing upon diverse approaches, ADR experts from a variety of countries explore the situations to which ADR lends itself and the different permutations it offers to allow each dispute to be handled in the manner most fitting to the circumstances. The contributors also show how ADR serves such important considerations as the interests involved in the dispute, the need to avoid a public display...
Stories for Peace: Resolving Conflicts, Handling Bullies
February 8, 2012
The book is a collection of takes from cultures around the world that highlight how various conflicts can be solved peacefully. Each story or essay is designed to ask questions and provide possible answers to issues around bullying, war and peace
February 8, 2012
The book is a collection of takes from cultures around the world that highlight how various conflicts can be solved peacefully. Each story or essay is designed to ask questions and provide possible answers to issues around bullying, war and peace
Advocating for Understanding: Why the Understanding-based Mediation Model Works
February 8, 2012
The author contrasts understanding-based mediation with more traditional forms of mediation, and concludes that understanding-based mediation is more conducive to dispute resolution. Specifically, he highlights the non-caucus nature of understanding-based mediation. Keeping everyone in the same room reduces perceived mediator bias, and reduces mediator control over the proceedings.
February 8, 2012
The author contrasts understanding-based mediation with more traditional forms of mediation, and concludes that understanding-based mediation is more conducive to dispute resolution. Specifically, he highlights the non-caucus nature of understanding-based mediation. Keeping everyone in the same room reduces perceived mediator bias, and reduces mediator control over the proceedings.
Comparative Corporate Criminal Liability: Exploring the Uniquely American Doctrine Through Comparative Criminal Procedure
February 8, 2012
The article compares the German and American system for criminal procedure. Specifically, it focuses on the advantages that American prosecutors have over German prosecutors, including the greater freedom to negotiate plea bargains. It also discusses some of the effects of that freedom to negotiate.
February 8, 2012
The article compares the German and American system for criminal procedure. Specifically, it focuses on the advantages that American prosecutors have over German prosecutors, including the greater freedom to negotiate plea bargains. It also discusses some of the effects of that freedom to negotiate.
