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.
17 pages., Online via UI e-subscription, Author described a process which led to consensus on a new environmental law mediated by legislators and the governor. Identified key elements in the process: (1) the issue must be ripe for action; the parties must feel something may happen imminently without their input. (2) the issue must be complex, not likely to be addressed satisfactorily without cooperative problem solving. (3) the parties must be patient and committed to spending whatever time it takes to reach an agreement.
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.
11 pages., Via UI Online Catalog., Author notes that farmers, creditors and mediators have somewhat different perspectives, creating difficulties in the mediation process. This analysis involved a mail survey involving a random sample of farmers, representatives of the financial institution involved, and the mediator (Farm Credit Services staff). Respondents were asked to base their general experience with mediation. Result measurements involved satisfaction level of participants, premediation activities of the mediator, mediator activities during the session, characteristics of the participants, and relationships between the disputing parties. Findings highlighted the need to train mdiators in a wide variety of contextual and substantive techniques.
21 pages., Online via UI e-subscription., Reported an evaluation of the structure and effectiveness of two tribal courts and a conciliation council in Alaska. Findings highlighted strengths of each and showed how they might be replicated in other communities. Mediation approaches used in all three communities were found effective in resolving conflict in culturally appropriate ways. Two shared characteristics: reliance on volunteer effort and no reliance on outside funding sources.
