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Horizons: Conversations About Future Directions in Dispute Resolution

Friday, January 30,  2015
8:30 AM – 4:00 PM | TBD

 

151 – Role of Lawyers

ARTICLES

Debra Berman & James Alfini, Lawyer Colonization of Family Mediation: Consequences and Implications, 95 Marq. L. Rev. 887 (2012)
This article gives a summary of family mediation. It also discusses the interdisciplinary nature of family mediation, focusing on Texas, Florida, and Illinois.  The rise of lawyers in this field is analyzed and speculation as to the possible ramifications, both positive and negative, is elaborated upon.
{21} MEDIATION—GENERAL
{85} SUBJ MATTER: FAMILY (DOMESTIC REL.)
{151} ROLE OF LAWYERS
 
Daniel B. Garrie & Edwin A. Machuca, E-Discovery Mediation & the Art of Keyword Search, 13 Cardozo J. Conflict Resol. 467 (2012).
This article highlights the benefits and weaknesses of e-discovery as well as keyword selection for sorting through discovery materials. The article also focuses on e-discovery disputes including compliance and evidence spoliation, and the tasks that must be undertaken to resolve such disputes.
{21} MEDIATION—GENERAL
{78} SUBJ MATTER: COMPUTER
{151} ROLE OF LAWYERS

Nancy A. Welsh, The Current Transitional State of Court-Connected ADR, 95 Marq. L. Rev. 873 (2012)
This article examines the current “awkward” adolescent state in alternative dispute resolution wherein it is instigated to help solve problems that the framework is now being exploited to cause anew, such as discovery abuses and efficiency concerns.  The author posits the value of procedural justice as a way to move past the “ugly duckling” phase of alternative dispute resoluiton to better reach its potential.
{21} MEDIATION—GENERAL
{138} ETHICS: GENERAL
{151} ROLE OF LAWYERS

BOOKS

Bryan Clark, Lawyers and Mediation (2012).
This work focuses on the relationship between lawyers and mediation, and more specifically examines the history of this relationship, reasons a lawyer may resist using mediation, and the future of mediation. Additionally, this work examines how mediation fits into traditional legal training, the traditional lawyer and client relationship, and how mediation can ameliorate the negative public perception of lawyers.
{21} MEDIATION—GENERAL
{73} SUBJ MATTER: GENERAL
{151} ROLE OF LAWYERS