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"Resources for Restorative Justice."
Court News: 7 (May 2004).
The California Administrative Office of the Courts started the California Community Justice Project: Building Restorative Justice Principles in the Community to enhance awareness of community justice, facilitate information sharing between community justice programs, and support development of local practices consistent with community justice principles. The project was funded through September 2004 by a federal Juvenile Accountability Block Grant (JABG) administered by the state board of corrections.
Shack, Jennifer.
"Mediation in Courts Can Bring Gains, but Under What Conditions?."
Dispute Resolution Magazine: 11 (Winter 2003).
This article focuses on the conditions under which mediation saves courts time and money.
Models of Funding for Ohio Court Mediation Programs.
Columbus: Supreme Court of Ohio, Dispute Resolution Office (2000).
This chart indicates types of mediation program by county and funding method as of Feburary 2000. Funding methods include party-pay; court staff or contract mediators paid by court; mediation by magistrates; settlement week conducted by volunteer attorneys; volunteer mediators at court; and court contract with community mediation center.
"Fundraising for the Future: Looking for Resources Beyond 2000."
VOMA Connections, No. 2 (Spring 1999).
This special issue on funding sources provides an "Overview of Funding Sources" table that discusses the advantages and disadvantages of different funding sources.
Purdy, Jill, Ph.D.
An Overview of State Dispute Resolution Programs.
Santa Fe, NM: Policy Consensus Initiative (July 1998).
This overview examines the history, activities, structure, legal authorization and funding of state ADR programs. Various types of support, such as financial and developmental, are summarized, along with the need for centralized ADR institutions within a state.
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ADR and the Law.
American Arbitration Association, 22nd Ed (2008).
This book includes significant decisions by federal and state courts regarding alternative dispute resolution methods. Topics covered include employment, labor, education, mediation, judicial review and legislation. A section is also included on international alternative dispute resolution methods. (KF9085 A15 A5 2008).
Folberg, Jay et al.
Resolving Disputes: Theory, Practice, and Law.
Aspen Publishers, New York, New York (2005).
Mediation specific discussions include examination of mediation methods; representing clients in mediation; applications of mediation; court-connected mediation; concerns involving fairness; and law and ethics pertaining to mediation. Coverage specific to arbitration includes arbitration agreements, procedures and awards; the legal framework that supports arbitration; and fairness in arbitration. The text also includes a section on matching the dispute resolution process to the dispute and mixed mediation/arbitration processes. (KF9084 R47 2005)
ADR Handbook for Judges.
American Bar Association Section of Dispute Resolution (2004).
This book addresses how to start a program; concerns involving multiple neutrals; qualification, training and compensation of neutrals; roles of the participants; and program quality assurance. (KF9084 A75 A37 2004)
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Report and Recommendations to the ACR Board of Directors.
Washington, DC: ACR Mediator Certification Task Force (March 2004).
The Association for Conflict Resolution (ACR) created a task force to establish a mediator certification program.
Report on Mediator Credentialing and Quality Assurance.
Task Force on Credentialing, ABA Section of Dispute Resolution (October 2002).
This report addresses concerns regarding mediator competence, quality assurance initiatives, credentialing options and quality of dispute resolution provider organizations.
Nationwide Survey on Mediator Qualifications: State Statutes and Court Rules, 2001.
Columbus, OH: Ohio Commission on Dispute Resolution and Conflict Management (2001).
This web site contains citations to statutes and court rules governing mediators.
Performance-Based Assessment: A Methodology for Use in Selecting, Training and Evaluating Mediators.
The Test Design Project, National Institute for Dispute Resolution (June 1995).
This mediator assessment program discusses mediator qualifications, performance-based assessment measures and criteria for performance evaluation.
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Alaska`s Adult Guardianship Mediation Program Evaluation.
Alaska Judicial Council (March 2009).
This project evaluation looks at the program's need, the court's response and provides background for the project. Evaluation criteria include whether agreement was reached, whether plans enhanced the care and safety of high risk adults, the avoidance of contested court proceedings, and whether participants experienced a satisfatory mediation process.
Iverson, Dale and Anne Bachle Fifer.
Developing, Implementing, Administering and Evaluating Approved ADR Plans: A Checklist for Court Staff and ADR Committees.
Michigan Supreme Court, State Court Administrative Office, Office of Dispute Resolution (September 2002).
This plan provides a sequence of steps that local courts can follow to adopt and implement an ADR program. (KFM 4760.3 I93 2002)
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Model Standards of Conduct for Mediators.
American Bar Association, American Arbitration Association and the Association for Conflict Resolution (August 2005).
Nine standards cover the following issues: self-determination, impartiality, conflicts of interest, competence, confidentiality, quality of the process, advertising and solicitation, fees and other charges, and advancement of mediation practice.
Standards for the Establishment and Operations of Ombuds Offices.
American Bar Association (February 2004).
These standards were approved by the ABA house of Delegates at its 2004 midyear meeting and cover ombuds qualifications, impartiality, confidentiality, limitation of authority, and removal from office.
Model Standards of Practice for Family and Divorce Mediation.
Madison, WI: Association of Family and Conciliation Courts: Symposium on Standards of Practice (August 2000).
These model standards were formulated by a working group composed of members of the Association of Family and Conciliation Courts, the Family Law Section of the American Bar Association, and the National Council of Dispute Resolution Organizations. The standards are a guide for the conduct of family mediators, inform participants and promote public confidence in the mediaton process.
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Arbitrator`s Handbook to Compulsory Arbitration in the Delaware Superior Court.
Superior Court ADR Manual, Superior Court of Delaware.
This online handbook discusses preparation for arbitration hearings; conducting the hearing; the award; and the program's philosophy. The handbook also includes a variety of links to rules, procedures, arbitrator's order, arbitrator's evaluation, online forms and information.
Choi, Stephen, Jill E. Fisch, and Adam C. Pritchard.
Attorneys as Arbitrators.
New York University School of Law, NYU Center for Law and Economics (April 2008).
This paper examines the role of attorneys as arbitrators, including analysis of arbitration panels. (KF9085 C46 2008)
Wissler, Roselle and Bob Daubert
A Study of Court-Connected Arbitration in the Superior Court of Arizona.
Arizona State University College of Law (July 2005).
Arizona has has mandatory, non-binding arbitration as a component of its civil court system for over three decades. The purpose of this alternative dispute resolution process is to provide for the efficient and inexpensive handling of small claims.
Wissler, Roselle L. and Bob Dauber
A Study of Court-Connected Arbitration in the Superior Courts of Arizona.
Lodestar Dispute Resolution Program, Arizona State University College of Law (July 2005).
Arizona has had mandatory, non-binding arbitration as a component of its civil court system for over three decades. The purpose of this alternative dispute resolution process is to provide for the efficient and inexpensive handling of small claims.
NSJBA Report on Arbitration.
Trenton, NJ: New Jersey State Bar Association`s Ad Hoc Committee on Arbitration (2004).
With the exception of certain complex cases, court-annexed arbitration in New Jersey was expanded in 2000 to encompass commercial, auto, and other personal injury cases regardless of the amount in controversy. This report recommends the elimination of the mandatory nonbinding system in favor of a multi-door approach, and includes program statistics and costs.
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Resources for Facilitators.
Free Management Library.
This web site includes links to articles, activities, skills development, and organizations dedicated to serving facilitators.
Spangler, Brad.
What is Facilitation?.
Beyond Intractability.org (July 2003).
This article reviews the core values of facilitation, the facilitator's role, facilitation skills and methods, and benefits of facilitation.
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Honeyman, Christopher.
"Hybrid Processes."
Beyond Intractability, Eds. Guy Burgess and Heidi Burgess, Conflict Research Consortium, University of Colorado, Boulder (July 2003).
This essay shares insights regarding hybrid dispute resolution processes, as well as additional resources for further information.
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State and Local Bar Association Dispute Resolution Summary Profiles.
American Bar Association, Section of Dispute Resolution.
This list compiled by the ABA includes information about the alternative dispute resolution processes sponsored by bar associations in each of the fifty states, as well as by several local bars. The list also includes links to the ADR web page for the bar associations.
Menkel-Meadow, Carrie et al.
Mediation: Practice, Policy and Ethics.
Aspen Publishers, New York, New York (2006).
This text organizes discussion about mediation practice into three primary components: foundations of mediation, the mediation process and applications of the mediation process. Topics covered include mediation concepts and models, representation in mediation, mediation skills, legal and policy issues, confidentiality, ethical issues, and other alternative dispute resolution processes. (KF9084 .A7 M4566 2006)
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Smith, Robert M.
"The Minitrial: An Alternative to a Lengthy Lawsuit."
MediationNOW.com.
This article discusses the many advantages of mini-trials over traditional litigation.
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Early Neutral Evaluation: Getting an Expert`s Assessment -- Practical Guidelines and Steps for Getting Started.
American Arbitration Association (2005).
This brochure provides a useful overview of the early neutral-evaluation process.
Model Early Neutral Evaluation Agreement.
Center for Effective Dispute Resolution (2001).
This model agreement form includes suggested provisions for parties to consider when drafting their final written dispute resolution agreement.
Blackman, John S.
"Neutral Evaluation -- An ADR Technique Whose Time Has Come."
Findlaw.com (September 1999).
This article explains the main concepts of neutral evaluation, discusses when it may be used most effectively, and explores some of the benefits of this dispute resolution technique.
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Eisner, Michael.
"Creation of an Ombuds Office Can Prevent Retaliation Claims."
Mediate.com (January 2007).
This article explains what ombuds are and how they can be utilized to resolve disputes.
Russell, Rick.
"On Being an Ombuds: Considerations and Suggestions for Practice."
Mediate.com (April 2003).
In this article, the author outlines what an ombuds program needs for successful implementation and shares traps to avoid.
Model Ombudsman Act for State Governments.
U.S. Ombudsman Association (February 1997).
This model act provides sample legislative language to establish an ombudsman program at the state level.
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"Judicial Settlement Conferences."
Oregon State Bar.
This article explains what a settlement conference is and discusses issues involving costs, scheduling, confidentiality, and what to expect.
Denlow, Morton Hon. and Jennifer E. Shack
"Judicial Settlement Databases: Development and Uses."
Judges Journal 43, No.1:19 (Winter 2004).
Federal magistrate judges in the U.S. District Court for the Northern District of Illinois collect and share data on completed settlements. Confidential settlement summaries are compiled into a monthly report for the judges. This article discusses the process and its use.
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Bateman, Thomas H. III, Hon.
The Summary Jury Trial: An Introduction.
Civil Division, Leon County Circuit Court.
This resource places the summary jury trial in the context of Florida's alternative dispute resolution continuum, summarizes the purpose of the summary jury trial, and provides an overview of the process.
Mitchell, Donna K., and Leslie C. Smith, U.S. Magistrate Judge.
"When Mediation Fails: The Summary Jury Trial Alternative."
New Mexico Bar (November 2007).
Issues discussed include when summary jury trials should be considered and when they are not appropriate, along with preparation for, the structure of, and the benefits of this dispute resolution method.
Womack-Weidner, Anita.
"Summary Jury Trials Cut Caseload."
UCS Benchmarks: Journal of the New York State Unified Court System (Winter 2006).
This article discusses the application of summary jury trials in the 9th Judicial District of New York.
Tooher, Nora Lockwood.
"Summary Jury Trials Slowly Catching On as Form of Alternative."
Daily Record and the Kansas City Daily Press-News (April 2005).
This article discusses the pros and cons of summary jury trials.
McDonough, Molly.
"Summary Time Blues."
ABA Journal (October 2004).
This article discusses issues encountered with the use of summary jury trials and why this unique alternative dispute resolution method has been underutilized.
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