LAWS 1000 Lecture Notes - Lecture 14: Collaborative Law, Reproductive Rights, Henry Morgentaler
Document Summary
Laws 1000 lecture (14) settlement and collaboration in the legal process. Review: adjudication v. the alternatives (reread notes from last lecture + readings) Readings: eckhoff, the mediator and the judge ; macfarlane & keets, civil justice. Readings provide a framework for understanding the interaction of courts and adr, as well as for the similarities and differences between these processes. Focus on what is the best shared outcome for parties (know the person = achieving a resolution to conflict that does not require either party to lose everything) Mediators bring a fresh perspective to the conflict - mediators have no stake for the outcome \ strangers to the conflict. Mediators have a fair number of threats & promises that they can use (courts - : qualities and skills of mediators. Maintain impartiality reinforces confidence of both parties in the mediator. Mediators must stay calm and in control of the mediation, cannot be swayed by emotions.
