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An English perspective
When to mediate? Can mediation be successful at an early stage of litigation? Is it necessary to have formal discovery or inf...
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Last fall, Matthew Rushton, British editor of The Mediator Magazine, posted a thought-provoking article on his blog titled "Six Things I'd Change About Mediation." Rushton's six suggestions for change can be summarized as follows: 1. Accept the reality that the market is insufficient to employ all mediators. 2. Eliminate the presumption that mediation is morally superior to litigation. 3. Stop overselling training. 4. Reallocate existing resources, experience and goodwill. 5. Promote a wider recognition of different styles. 6. Discourage or shut down panels. Here are the author's suggestions to improve the US market for mediation in particular and more broadly for dispute resolution services: 1. Broaden the concept of the "mediation market." 2. Train lawyers as problem solvers and a wid...
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In transitions from war to peace, mediators and other foreign interveners identify "spoilers" as one of the main threats to peace processes. Profiling...
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The Surface Transportation Board (Board or STB) proposes regulations that would require parties to participate in mediation in certain types of cases and would modify its existing regulations that permit parties to engage voluntarily in mediation. The Board also proposes an arbitration program under which carriers and shippers would agree voluntarily to arbitrate certain types of disputes that come before the Board, and proposes modifications to clarify and simplify its existing rules governing the use of arbitration in other disputes. The Board seeks comments regarding these proposed rules.
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New High Court Rules on Mediation and Conciliation (the "Rules"), under which a High Court judge may adjourn legal proceedings to allow the parties to...
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Media surround children and young people in the modern household. At times, parents seem engaged in a constant battle with their children as they seek...
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CURRENT STATE TAX DISPUTE SYSTEMS Before designing a mediation system for tax disputes, the current dispute resolution systems need to be assessed to identify problems and clarify what characteristics a mediation alternative ought to have.15 While states vary with respect to the current tax dispute resolution systems, four primary systems have been adopted: a state tax court, independent tax appeal agencies, generalist appeals agencies, and an appeals system within the revenue agency. The members of the appeals board need not have any tax knowledge or experience.21 Other states employ a generalist appeals agency, which - similar to the independent appeals agencies - do not specialize in tax.22 These usually take the form of an independent administrative law division that hears appeals ...
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Introduction
The main purpose of this article is to discuss mediation as an alternative dispute resolution mechanism so that, at the very least, an ...
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Introduction I. Empirical Findings Regarding Representation in Mediation A. How Many Parties Are Unrepresented in Mediation? B. What Effect Does Repre...