23 pages., Online via HeinOnline through UI e-subscription., Part one describes a framework aimed at encouraging lawyers and other conflict managers to be overtly analytical when deciding which interventions may or may not be helpful in a particular conflict. Part two lists factors or diagnostic indicators that suggest that certain conflicts probably need the decision of an umpire or judge and that certain other conflicts probably need written claims to be filed in a court or tribunal.
20 pages., Online via UI e-subscription, Case report about mediating complex environmental disputes and using the technique of joint fact-finding as a cornerstone of our model of practice. In this article, we present and reflect on this body of experience, with the goal of better informing both our colleagues in the field and other potential users of alternative dispute resolution (ADR) about the elements and preconditions of successful use of joint fact-finding. We also aim to contribute actively to current initiatives on best practices. Article described shortcomings of the adversarial science model.
