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These guidelines were established to set parameters around a mediator's dissemination of legal information. The parameters set authorize a mediator to provide legal information such as brochures or printed material provided by the bar association. However, it strictly prohibits giving legal advice or sharing legal opinions with the parties.
Mediation continues to be a controversial topic in the area of civil disputes. Each state has chosen its own approach to addressing these disputes and implementing mediation. Mediation oversight has taken many shapes including the use of good faith requirements for participation. Each state must continue to ensure that self-determination is at the heart of mediation programs regardless of their decision to mandate participation. Upholding the principles of mediation should be at the core of all decisions regarding assignment of cases to mediation.
References
Boettger, U. (2004). Efficiency vs. party empowerment:...
Review of Litigation, 23(1), 1-43.
Clarke, S.H., Ellen, E.D., & McCormick, K. (1996). Court-ordered civil case mediation in North Carolina: An evaluation of its effects. Chapel Hill, NC: Institute of Government.
Colltri, L.S. (2004). Conflict Diagnosis and Alternative Dispute Resolution. Upper Saddle River,
NJ: Prentice Hall.
Lande, J. (2005). Why a good-faith requirement is a bad idea for mediation. Alternatives to the High Cost of Litigation, 23(1), 1-9.
North Carolina Dispute Resolution Commission (1996). Standards of Professional
Responsibility. Retrieved from http://www.nccourts.org/Courts/CRS/Councils/DRC/Standards/Default.asp
Zylstra, a. (2001). The road from voluntary mediation to mandatory good faith requirements: A
road best left untraveled. Journal of the American Academy of Matrimonial…
References
Boettger, U. (2004). Efficiency vs. party empowerment: Against a good faith requirement in mandatory mediation. Review of Litigation, 23(1), 1-43.
Clarke, S.H., Ellen, E.D., & McCormick, K. (1996). Court-ordered civil case mediation in North Carolina: An evaluation of its effects. Chapel Hill, NC: Institute of Government.
Colltri, L.S. (2004). Conflict Diagnosis and Alternative Dispute Resolution. Upper Saddle River,
NJ: Prentice Hall.
Responsibility. Retrieved from http://www.nccourts.org/Courts/CRS/Councils/DRC/Standards/Default.asp
Whitt v Teeter American Business Legal Environment - American Business law is also known as commercial and corporate law. It governs all business and commercial transactions, but most consider it to be a branch of civil law that has evolved into a more specific level of focus. This form of law governs manufacture and distribution of goods, guarantees, accidents, corporate responsibilities, contracts, hiring practices, and the manufacture and sales of consumer
police officers have discretion when dealing with domestic violence? Answer: YES with qualifications. An in-person survey might work best here because citizens don't all see police as protectors of society; some see them as threats. Discretion is lately recognized as a "necessary evil" according to the police science faculty at North Carolina Wesleyan College (ncwc.edu). Discretion can be put to effective use in a domestic violence situation when it is
Response 1: Robyn Finster You make a good point about asymmetry of information. There was no third party made available to draw up this contract to make it equitable, or explain its terms. The Commercial Credit Loan drafted the agreement. There was no opportunity for the borrower to allow a lawyer or other individual to examine the terms of the agreement, given the pressure Commercial Credit exerted upon the borrower for
There is no factual situation under which I would ever act in a similar manner; the role of the prosecutor is to seek justice, not to seek convictions. A prosecutor may feel certain that a defendant has committed a crime, but, if they lack the evidence to support that feeling, they simply cannot prosecute the individual. To me, that is the main ethical dilemma faced by prosecutors, and the
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The need to save face does not bring people to the bargaining table, the need to resolve a dispute or issue does (Fisher and Ury, 1991). Positional bargaining does have advocates. In the case where the parties interests may interfere with their resolving the issues, positional bargaining may be preferred. Issues are deemed to be universal and party specific. Interests are party specific and will vary from case to case.