When Does Familiarity Breed Content? A Study of the Role of Different Forms of ADR Education and Experience in Attorneys\u27 ADR Recommendations

This article first reviews proposed explanations for and solutions to the low rate of voluntary ADR use, as well as related empirical research. The article then reports the findings of a study that involved a survey of attorneys regarding their ADR education, experience with ADR as counsel or as a third-party neutral, and advice to clients about ADR. This study found that attorneys\u27 direct experience with ADR, especially in their role as counsel but also as a neutral, was strongly related to whether they recommended ADR to clients. In contrast, ADR education had little or no relationship with attorneys\u27 ADR recommendations, except for attorneys who had not used ADR as counsel. The implications of the findings for increasing voluntary ADR use are discussed

Barriers to Attorneys' Discussion and Use of ADR

Published in cooperation with the American Bar Association Section of Dispute Resolutio

Court-Connected Arbitration in the Superior Court of Arizona: A Study of Its Performance and Proposed Rule Changes

Compulsory, non-binding arbitration has been a component of the civil court system in a number of jurisdictions for several decades. These arbitration programs generally have the same basic structure: cases in which the amount in controversy is under the prescribed jurisdictional limit must be submitted to a neutral attorney for adjudication under relaxed rules of evidence and procedure. Any party may appeal the arbitrator\u27s award for a trial de novo; absent an appeal, the arbitrator\u27s decision is entered as the judgment of record in the case. The goals of most court-connected arbitration programs include resolving cases faster, reducing the costs of resolution for the court and for litigants, reducing the caseload pending before judges and correspondingly expediting the disposition of cases that remain in the traditional litigation process, and providing a simplified hearing process that litigants and lawyers find to be fair and satisfactory

Finding out If It Is True: Comparing Mediation and Negotiation through Research

In this article, we first use existing research evidence to contextualize more clearly the place of civil case mediation in the litigation process. When we understand civil mediation as part of adversarial litigation - rather than as distinct from it - we see the importance of comparing mediation and unassisted negotiation. Next, we discuss research and commentary on the barriers to negotiation and the ways in which mediation might help overcome them. This work provides a more pragmatic and empirically grounded perspective on the potential value of mediation than does mediation ideology and suggests a wide range of hypotheses to guide future research. Finally, we reexamine briefly the research about preferences for mediation and the modest body of existing studies that do contrast litigant experiences with mediation and unaided negotiation in the context of litigation. This reexamination hints that it may in fact be true - that is, participation in mediation may enhance parties\u27 perception of procedural justice. Before we can be confident in the answer to this question, however, research is needed that carefully compares the experiences of parties in mediation with those in unassisted negotiation

Polyamide Nanocomposites for Selective Laser Sintering

Current polyamide 11 and 12 are lacking in fire retardancy and high strength/high heat resistance characteristics for a plethora of finished parts that are desired and required for performance driven applications. It is anticipated that nanomodification of polyamide 11 and 12 will result in enhanced polymer performance, i.e., fire retardancy, high strength and high heat resistance for polyamide 11 and 12. It is expected that these findings will expand the market opportunities for polyamide 11 and 12 resin manufacturers. The objective of this research is to develop improved polyamide 11 and 12 polymers with enhanced flame retardancy, thermal, and mechanical properties for selective laser sintering (SLS) rapid manufacturing (RM). A nanophase was introduced into the polyamide 11 and 12 via twin screw extrusion to provide improved material properties of the polymer blends. Arkema RILSAN® polyamide 11 molding polymer pellets and Degussa VESTAMID® L1670 polyamide 12 were examined with three types of nanoparticles: chemically modified montmorillonite (MMT) organoclays, surface modified nanosilica, and carbon nanofibers (CNFs) to create polyamide 11 and 12 nanocomposites. Wide angle X-ray diffraction (WAXD) and transmission electron microscopy (TEM) were used to determine the degree of dispersion. Injection molded test specimens were fabricated for physical, thermal, mechanical properties, and flammability tests. Thermal stability of these polyamide 11 and 12 nanocomposites was examined by TGA. Mechanical properties such as tensile, flexural, and elongation at break were measured. Flammability properties were also obtained using the Cone Calorimeter at an external heat flux of 50 kW/m2. TEM micrographs, physical, mechanical, and flammability properties are included in the paper. Polyamide 11 and 12 nanocomposites properties are compared with polyamide 11 and 12 baseline polymers. Based on flammability and mechanical material performance, selective polymers including polyamide 11 nanocomposites and control polyamide 11 were cryogenically ground into fine powders and fabricated into SLS parts.Mechanical Engineerin

Assessing Mediator Performance: The Usefulness of Participant Questionnaires

As part of their obligation to provide quality services, courts that offer mediation need to periodically assess the performance of mediators to whom they refer cases. One of several methods that have been proposed for monitoring mediator quality is participant assessments of mediator performance. The present article reports an empirical study that examined attorneys\u27 assessments of the skillfulness of mediators in a federal appellate civil medations program. The attorneys rated some of the mediators as being more skillful than others, and these differences generally remained whether or not favorable outcomes were achieved in mediation. In addition, the attorneys rated individual mediators as being more skillful on some dimensions than others. These finding suggest that participant assessments could provide an effective means for monitoring mediator performance. We conclude by discussing a number of factors that could affect the usefulness of participant assessments

Court-Connected Mediation in General Civil Cases: What We Know from Empirical Research

Published in cooperation with the American Bar Association Section of Dispute Resolutio

Institutionalization: What do empirical studies tell us about court mediation?

In the 25 years since the Pound Conference, federal and state courts throughout the country have adopted mediation programs to resolve civil disputes. This increased use of mediation has been accompanied by a small but growing body of research examining the effects of certain choices in designing and implementing court-connected mediation programs. This article focuses on the lessons that seem to be emerging from the available empirical data regarding best practices for programs that mediate non-family civil matters. Throughout the article, we consider the answers provided by research to three questions: (1) How does program design affect the success of the institutionalization of mediation? (2) In what ways do design choices affect the likelihood of achieving settlement of cases? and (3) Which program design choices affect litigants\u27 perceptions of the procedural justice provided by court-connected mediation? Because these issues of institutionalization, settlement and justice are so important to the success and quality of court-connected mediation, they must be considered carefully in. deciding both how to structure new court-connected mediation programs and how to improve existing programs

Innovative Selective Laser Sintering Rapid Manufacturing using Nanotechnology

The objective of this research is to develop an improved nylon 11 (polyamide 11) polymer with enhanced flame retardancy, thermal, and mechanical properties for selective laser sintering (SLS) rapid manufacturing (RM). A nanophase was introduced into nylon 11 via twin screw extrusion to provide improved material properties of the polymer blends. Atofina (now known as Arkema) RILSAN® nylon 11 injection molding polymer pellets was used with three types of nanoparticles: chemically modified montmorillonite (MMT) organoclays, nanosilica, and carbon nanofibers (CNF) to create nylon 11 nanocomposites. Wide angle X-ray diffraction (WAXD) and transmission electron microscopy (TEM) were used to determine the degree of dispersion. Fifteen nylon 11 nanocomposites and control nylon 11 were fabricated by injection molding. Flammability properties (using a cone calorimeter with a radiant flux of 50 kW/m2 ) and mechanical properties such as tensile strength and modulus, flexural modulus, elongation at break were determined for the nylon 11 nanocomposites and compared with the baseline nylon 11. Based on flammability and mechanical material performance, five polymers including four nylon 11 nanocomposites and a control nylon 11 were cryogenically ground into fine powders for SLS RM. SLS specimens were fabricated for flammability, mechanical, and thermal properties characterization. Nylon 11-CNF nanocomposites exhibited the best overall properties for this study.Mechanical Engineerin