The author seeks to combine the beneficial aspects of collaborative law and mediation, and avoid the negative aspects of each, in forming a favorable process to resolve divorce disputes.
The author discuses she ethics of impartiality and care in mediator neutrality and argues that the narrative mediation model is most accommodating to the empowerment of parties from disadvantaged groups.
The author analyzes how public actors navigate difficult federalism terrain by negotiating directly with counterparts across state-federal lines, and demonstrates that the boundary between state and federal power is negotiated on both a small and large scale, and on an ongoing basis. The article also recognizes the procedural tools that bilateral federalism bargaining offers to supplement unilateral federalism interpretation in contexts of jurisdictional overlap. the author recommends kinds of federalism...
The author explains how ADR has been useful in disaster relief and proposes ways in which ADR can be of further help for both pre-disaster and postdisaster situations.
While highlighting recent approaches that embrace ADR as an option in response to amendments to Title VII, this article explores how ADR can be used as a mechanism to focus on racial justice in the workplace while also acting as an instrument to accomplish employer incentives. Green offers a balance of various court and ADR procedures to resolve discrimination claims as part of an overall approach to workplace conflict resolution.
This practice tip discusses the typical binding arbitration provision found in retainer agreements for lawyer representation. The Mandatory Fee Arbitration Act and California Arbitration Act further complicate this issue. Because courts have failed to clarify how these Acts coincide, confusion over the enforceability of binding arbitration provisions in attorney-client retainer agreements persists.
This Note advocates mediation as an alternative to judicial decision-making in right-to-die cases involving minors. The judicial and legislative systems have both proven to be ineffective tools in helping families find resolution in end-of-life decisions. This Note maintains that such decisions are more appropriate for the patient's family and medical providers, possibly through mediation.
This book provides the knowledge necessary for those actively involved in dispute board work as well as for those who need to learn the process. The book uses a historical study of case law to examine dispute boards.
This book asses the attachment effect in negotiations theoretically and experimentally from both a microeconomic and a psychological perspective. The attachment effect is a cognitive bias whereby parties are influenced by their subjective expectations.