7 research outputs found

    Assuring Excellence, or Merely Reassuring - Policy and Practice in Promoting Mediator Quality

    Get PDF
    Mediation practice in the United States has grown substantially over the last two decades, as has the number of people offering to serve as mediators. This growth has led some to argue that competency standards are needed to protect consumers and promote the integrity of mediation processes. While professionals and researchers have tried over the past fifteen years or so to define what mediators do and better understand how to do it well, alternative dispute resolution (ADR) programs, roster administrators, and parties seeking neutrals have had to make day-to-day choices

    Congress, the Executive Brand and the Dispute Resolution Process

    Get PDF
    This rapid, recent expansion in administrative proceedings and related litigation is not, of course, a unique or isolated phenomenon. It is part of a greatly increased reliance on our judiciary to decide all manner of social, political, and economic issues. Much of this litigation may be an inexorable result of complicated social and economic interactions, heightened resort to regulatory schemes to deal with environmental, health and safety, civil rights and welfare concerns, and other historical factors. However, the point has been reached where much of it is unnecessary, unproductive, and less than ideally suited for many of the conflicts involved. More and more administrative, business, regulatory, employment, benefit, and other decisions are being made by judicial officers pursuant to marginally relevant criteria in forums not always conducive to efficient decisionmaking.
    corecore