Making settlement work : an examination of the work of judicial mediators

著者

    • Burns, Stacy Lee

書誌事項

Making settlement work : an examination of the work of judicial mediators

Stacy Lee Burns

(Law, justice and power)

Ashgate/Dartmouth, c2000

  • : hbk

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注記

Bibliography: p. [242]-255

内容説明・目次

内容説明

Judges are central figures in dispensing justice, who serve as ajudicators deciding litigated questions and implementing decisions. Yet there is evidence to suggest that they devote much time to settling cases rather than adjudicating them. This study uses large money cases to examine practices.

目次

  • Introduction to the work of judge-mediators
  • historical changes in court settlement work, the rise of JAMS and the contrast between the two settings
  • money damage mediation - large and small
  • the initial joint session and the private conference system
  • recurrent obstacles to settlement and routine devices for overcoming them
  • talking money - mediating bilateral solutions in the face of unilateral bargainers
  • substantive professional competency - legally-grounded and case-specific concession-seeking. Appendix: recovering coherence of the field.

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