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Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is sometimes used interchangeably with conflict resolution.
Mediation is a structured, interactive process where an impartial third party neutral assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties.
A lawsuit is a proceeding by one or more parties against one or more parties in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the defendant. A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.
The University of Pennsylvania Carey Law School is the law school of the University of Pennsylvania, a private research university in Philadelphia, Pennsylvania. It is among the most selective and oldest law schools in the United States, and it is currently ranked sixth overall by U.S. News & World Report. It offers the degrees of Juris Doctor (J.D.), Master of Laws (LL.M.), Master of Comparative Laws (LL.C.M.), Master in Law (M.L.), and Doctor of the Science of Law (S.J.D.).
Online dispute resolution (ODR) is a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of alternative dispute resolution (ADR). However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.
Together, legal psychology and forensic psychology form the field more generally recognized as "psychology and law". Following earlier efforts by psychologists to address legal issues, psychology and law became a field of study in the 1960s as part of an effort to enhance justice, though that originating concern has lessened over time. The multidisciplinary American Psychological Association's Division 41, the American Psychology-Law Society, is active with the goal of promoting the contributions of psychology to the understanding of law and legal systems through research, as well as providing education to psychologists in legal issues and providing education to legal personnel on psychological issues. Further, its mandate is to inform the psychological and legal communities and the public at large of current research, educational, and service in the area of psychology and law. There are similar societies in Britain and Europe.
The Federal Mediation and Conciliation Service (FMCS), founded in 1947, is an independent agency of the United States government, and the nation's largest public agency for dispute resolution and conflict management, providing mediation services and related conflict prevention and resolution services in the private, public, and federal sectors. FMCS is tasked with mediating labor disputes around the country; it provides training and relationship development programs for management and unions as part of its role in promoting labor-management peace and cooperation. The Agency also provides mediation, conflict prevention, and conflict management services outside the labor context for federal agencies and the programs they operate. The FMCS headquarters is located in Washington, D.C. with other offices across the country.
William Mitchell College of Law was a private, independent law school located in St. Paul, Minnesota, United States, from 1956 to 2015. Accredited by the American Bar Association (ABA), it offered full- and part-time legal education in pursuit of the Juris Doctor (J.D.) degree. On December 9, 2015, Hamline University School of Law merged into William Mitchell College of Law, and became the Mitchell Hamline School of Law.
The Program on Negotiation (PON) is a university consortium dedicated to developing the theory and practice of negotiation and dispute resolution. As a community of scholars and practitioners, PON serves a unique role in the world negotiation community. Founded in 1983 as a special research project at Harvard Law School, PON includes faculty, students, and staff from Harvard University, Massachusetts Institute of Technology, Tufts University, and Brandeis University.
Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons, which renders the 'arbitration award'. An arbitration decision or award is legally binding on both sides and enforceable in the courts, unless all parties stipulate that the arbitration process and decision are non-binding.
Conflict resolution is any reduction in the severity of a conflict. It may involve conflict management, in which the parties continue the conflict but adopt less extreme tactics; settlement, in which they reach agreement on enough issues that the conflict stops; or removal of the underlying causes of the conflict. The latter is sometimes called "resolution", in a narrower sense of the term that will not be used in this article. Settlements sometimes end a conflict for good, but when there are deeper issues – such as value clashes among people who must work together, distressed relationships, or mistreated members of one's ethnic group across a border – settlements are often temporary.
Frank E. A. Sander was an American professor emeritus and associate dean of Harvard Law School. He pioneered the field of alternative dispute resolution and is widely credited with being a father of the field in the United States as a result of his paper, The Varieties of Dispute Processing, presented at the Pound Conference in 1976 in Minneapolis, Minnesota. Sander's book, Dispute Resolution: Negotiation, Mediation, and Other Processes, which he coauthored with Stephen B. Goldberg, Nancy H. Rogers, and Sarah Rudolph Cole, is used in law schools throughout the United States.
Timothy K. Lewis, is a former United States circuit judge of the United States Court of Appeals for the Third Circuit and is currently an attorney at the law firm of Schnader, Harrison, Segal & Lewis LLP, where he serves as the co-chair of the firm's alternative dispute resolution group. He also serves as a mediator, arbitrator, settlement counselor. Lewis is African American.
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system.
Leonard J. Marcus is an American social scientist and administrator. He is director of the Program for Health Care Negotiation and Conflict Resolution at the Harvard T.H. Chan School of Public Health at Harvard University, and founding co-director of the National Preparedness Leadership Initiative, a joint program of the Harvard T.H. Chan School of Public Health and the Center for Public Leadership at Harvard's Kennedy School of Government.
Lawrence E. Susskind is a teacher, trainer, mediator, and urban planner. He is one of the founders of the field of public dispute mediation and is a practicing international mediator through the Consensus Building institute. He has taught at the Massachusetts Institute of Technology since 1971.
Larry Leiby began his law practice in construction law in 1973 in South Florida. He founded and was the first chair of the Construction Law Committee of the Florida Bar Real Property Section (1976–1994). He was one of nine members of the original Florida Bar Construction Law Certification Committee appointed in 2004, later chaired that committee, and was in the first class of Florida Bar Board Certified Construction Lawyers in 2005.
Samuel D. Hodge, Jr. is an award-winning professor, author, and public speaker with a specialty involving the intersection of law and medicine. He teaches law, anatomy, and forensics at Temple University and serves as a mediator and neutral arbitrator for the Dispute Resolution Institute.
Forrest "Woody" Steven Mosten is an American lawyer and author. Mosten has been practicing law in Los Angeles since 1972, additionally serves clients in San Diego and Orange County, and accepts mediation engagement throughout the world online. A former litigator, he is a full-time peacemaker and never takes a case to court, often working in an interdisciplinary team with a triage approach. Mosten has spoken at conferences and trains lawyers and litigators, and he is an adjunct professor at the UCLA School of Law, where he has been teaching since 2002.
Alexandra Beth Carter is an American academic, mediator, media personality, negotiation trainer and author. She is a clinical professor of law at Columbia Law School (CLS), where she directs and teaches the Mediation Clinic.
References
- 1 2 "Erica Frenkel, David Klein". The New York Times. June 18, 2017 – via NYTimes.com.
- 1 2 3 4 5 6 7 8 9 "Penn Law Faculty: Douglas Frenkel L'72, expert on Mediation, Professional Responsibility, Clinical Education, Legal Process and Dispute Resolution". www.law.upenn.edu.
- 1 2 "DOUGLAS NORMAN FRENKEL"
- ↑ Golann, Dwight; Folberg, Jay (2016). Mediation: The Roles of Advocate and Neutral. Wolters Kluwer Law & Business. ISBN 9781454876021 – via Google Books.
- ↑ "Douglas Frenkel L'72 on The Practice of Mediation" – via www.youtube.com.
- ↑ "Improving Lawyers’ Judgment: Is Mediation Training De-Biasing?", (with James Stark), 21 Harvard Negotiation Law Review 1 (2015).
- ↑ "Changing Minds: The Work of Mediators and Empirical Studies of Persuasion", (with James Stark), 28 Ohio State J. on Dispute Res. 263 (2013).
- ↑ "2016 Annual Award Winners". www.cpradr.org. CPR International Institute for Conflict Prevention & Resolution.