Courting the idea

Allen, Tony
August 2005
Lawyer;8/15/2005, Vol. 19 Issue 32, p18
Trade Publication
Comments on judges' skepticism towards the mediation process, partly due to a perception that promoting alternative dispute resolution (ADR) is seen as a Treasury-driven, cost-saving exercise on civil justice, which is never likely to commend itself to judges sensitive about their independence. Systematic process of raising awareness and understanding among judges about ADR and mediation in particular; Legal issues on ADR and mediation; Implications on conflict resolution and the law.


Related Articles

  • HOW IMPORTANT IS ADR TO Latin America? Ponieman, Alejandro // Dispute Resolution Journal;Feb-Apr2003, Vol. 58 Issue 1, p65 

    This article focuses on alternative dispute resolution (ADR) and its growing acceptance in Latin America. Almost all Latin-American legal, economic and political systems have been undergoing a crisis of one kind or another. International investments and other business transactions have been...

  • The only alternative. Bradbeer, Ronald; Shackleton, Stewart // Lawyer;8/15/2005, Vol. 19 Issue 32, p17 

    Comments on alternative dispute resolution in Great Britain and the opportunities it offers that cannot be equaled by litigation. Reasons why mediation developed a broad approach to dispute resolution in such a relatively short space of time; Opportunities offered by arbitration that gives...

  • REPRESENTATION IN MEDIATION: WHAT WE KNOW FROM EMPIRICAL RESEARCH. Wissler, Roselle L. // Fordham Urban Law Journal;Feb2010, Vol. 37 Issue 1, p419 

    The article discusses the research findings on the effect of representation in mediation. It explores the empirical findings on the effect of representation in the mediation processes which include presentation, perceptions on fairness and participation. It discusses the effects of...

  • Ritual and Resolution: The Role of Reconciliation in the Mediation Process. Christiansen, Von J. // Dispute Resolution Journal;Fall97, Vol. 52 Issue 4, p66 

    The article presents information on the use of mediation as a dispute resolution technique. Mediation can be though of as a ritualistic process. While some may argue that each mediation presents completely different circumstances, the various stages followed in a mediation procedure usually...

  • Ready...Set...Mediate. Comodeca, Peter J. // Dispute Resolution Journal;Nov2001-Jan2002, Vol. 56 Issue 4, p32 

    The article identifies several factors that disputants and their counsel must consider before pursuing mediation. The most common method used in starting a mediation is to enter into a contract or agreement identifying mediation as a dispute resolution mechanism. The author describes involuntary...

  • court news in brief.  // Dispute Resolution Journal;May-Jul2003, Vol. 58 Issue 2, p6 

    The article offers news brief related to dispute resolution. Under a collective bargaining agreement, an arbitrator should consider whether grievances should be consolidated into one. Under the Federal Arbitration Act, a non-binding Uniform Domain Name Dispute Resolution Policy proceeding does...

  • Keeping Arbitration Easy, Efficient, Economical User Friendly. Chang, Louis L. C. // Dispute Resolution Journal;May-Jul2006, Vol. 61 Issue 2, p14 

    The author gives 14 tips on how to preserve the advantages of the arbitration process and keep arbitration informal and user-friendly. He notes that arbitrators should establish a cooperative framework, that they should be accessible to all parties, and be flexible and ready to tailor the...

  • ADR Is a Factor in Decreasing Number of Trials, Study Says.  // Dispute Resolution Journal;Feb-Apr2004, Vol. 59 Issue 1, p2 

    The article reports on the results of the study "The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State Courts," conducted by Marc Galanter in February 2004. Increasing use of alternative dispute resolution (ADR) processes has factored into a significant decrease...

  • Mediation as Alternative Dispute Resolution in the European ICT-sector. Jacobs, Edwin // Journal of Internet Banking & Commerce;Aug2006, Vol. 11 Issue 2, p2 

    Mediation is an alternative dispute resolution that is popular in the US. Today, it is less common in continental Europe but its use is likely to increase because of the forthcoming European directive on certain aspects of mediation in civil and commercial matters. Mediation can be an important...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics