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A Newsletter from ADR Resources
http://adrr.com/adr9/007.htm // April 1998
From: Ethesis@AOL.Com (Ethesis)
To: SMarsh@adrr.com
Greetings:
kkirk@1040nh.com (Kathy Kirk), who was state director of dispute resolution
in Kansas for the first 3 years of that position has promised a paper on
the credentialing and other issues they faced. Her office phone is
(785) 840-9400 and she is attempting to obtain an SJI grant for a small
conference on the topic. Anyone who can assist her in this venture is encouraged
to get in contact with her.
Conferences
The 17th International Peace Research Association (IPRA) Conference, "Meeting Human Needs in a Cooperative World" will be held 23-26 June 1998. For details, see http://adrr.com/adr9/007.htm (bottom of page).
NIDR is having another school & education & ADR conference this summer. The conference will be in Columbus, Ohio July 19-22 and details are available by calling 1-202-466-4764. If you are in the area it will probably be well worth attending.
Federal Labor & Mediation Conference in San Antonio will be July 9 and 10th. The conference cost is $90.00 and they will be mailing out more information. Write Commr. Michael J. Wolf, Federal Mediation Service, 10127 Morocco, STE 108, San Antonio, Texas 78216-3938 to be put on the mailing list.
Disaster and After, a conference, has details at:
http://www.la-hq.org.uk/conf.htm
Interesting new Mediation & ADR web sites
News
There is a new Swiss on-line Arbitration and Mediation Center known as WIPO. The Center offers its services to all interested parties. Initially the Center's online system is made available for disputes involving Internet domain names, but it plans to soon handle other types of intellectual property issues. A novel feature of the system will allow parties and neutrals to communicate simultaneously (using electronic "chat" as well as, when available, audio and televideo facilities), thereby hopefully reducing the need for in-person meetings and hearings. For details visit http://www.wipo.int
From Australia is an ADR Issues Paper, Draft Outline 11 February 1998. While the final is pending, the draft outline is on-line at postscript one of the on-line version of this newsletter.
Essay/Comment/Books
The Handbook of Interethnic Coexistence, http://www.continuum-books.com/Handbook.htm, is now available. An interesting book, the web page provides substantial details.
I just received Volume 14, Number 1 of Negotiation Journal: On the Process of Dispute Settlement. It is an interesting mix. I would recommend picking up a copy in a large library to get a feel for it before you decide to subscribe or not.
My wife's address to the 1997 BYU Women's Conference is now on-line at http://adrr.com/living/001w.htm. Her session had about three thousand in attendence. It is collected in the book, Every Good Thing, ISBN 1-57345-367-6.
Personal Notes.
Redstreet listed this site as one of the hundred best law sites on the internet. The review is at http://www.redstreet.com/ and the general site is worth a visit. My site's navigation and titles were redesigned as a direct result of the Redstreet review and comments. The methodology at http://www.redstreet.com/reviews/methodology.html is useful for anyone considering the design or use of a web site.
Print Publications // Mediation Monthly.
Troy Smith and Mediation Monthly are making sample issues available for free by calling 1-800-ADR-FIRM Get a free issue and decide if the magazine is one that you find valuable. I enjoy it. Troy is also starting a new newsletter, and when this newsletter goes out, a call to 1-800-ADR-FIRM ought to get you a free copy of it as well. I think well of the efforts Troy has made and am glad to know that he is expanding his scope and efforts.
I'm still following up with the Harvard Negotiation Law Review which I subscribed to in May of 1997. Instead of my first year's subscription they sent me one issue and an invoice for a second year's subscription. I paid for the second year's subscription and home to get all four issues this year. I might even get some back issues. As for the other journal I ordered from the PON site (in December of 1997), I've been promised that it will be coming "any time soon." (This meant, in real life, that I received it March 30, 1998 -- which isn't too bad). PON, Clearinghouse and Negotiation Journal were completely reorganized in fall of 1997 and they just published, so I am really looking forward to seeing the first of the "new" format for "a major international forum for new research in the theory and practice of dispute resolution." (Quoting from their newsletter).
Peru/South America
17 Peruvians are assisted to Advanced Negotiation Workshop held at the Harvard Law School from the 23rd to the 27th of March. This event was organized by CMG International and its Latin American affiliates. Participants from Mexico, Colombia, Argentina and Peru attended the workshop.
APENAC has concluded editing a new book in Spanish "Negotiation, Conciliation and Arbitration", which will be used by 15 Latin American Law Schools as text book in the course of the same name.
Camara (http://adrr.com/camara/) is expecting to be producing a second volume of their law journal in the next several months. It has been a busy time. There should also be additional material on-line in the next month or so.
In Columbia, Rodrigo Afanador, at afancruz@andinet.lat.net is looking for advice and copies of the laws of other South American countries on mediation for the initiative in his country.
Submissions to adrr.com
As always, I am interested in any submissions or articles anyone would like to have posted on the web. With my best regards, I remain,
Sincerely yours,
Stephen Marsh
http://adrr.com/adr9/007.htm
Additional material is included in the on-line version.
Back issues at http://adrr.com/adr9/mediation.htm
*************************************
If for some reason you wish to be removed from my periodical mailings please let me know. I just updated my mailing list software and if I'm sending anyone extra copies or sending it to anyone who shouldn't be getting it, please let me know. This is my first time with a mailing list and I'm trying to limit it to only people who would be interested. Thanks for your patience and help.
Post Script (the "extra" material for the on-line version).
Zero
speakers, timetables and fees for the following conference.
DISASTER AND AFTER:
AN INTERNATIONAL CONFERENCE ON THE
PRACTICALITIES OF INFORMATION SERVICE IN
TIMES OF WAR AND OTHER CATASTROPHES
Details can be found at http://www.la-hq.org.uk/conf.htm
One
ADR Issues Paper
Draft Outline 11 February 1998
This draft outline is intended to indicate in general terms the proposed content and structure of the issues paper to be released in April 1998. This will be the fifth issues paper released in the course of the reference. The paper will consider issues associated with the use of ADR processes within Australian courts and tribunals and broader issues about the relationship of ADR processes and traditional litigation processes. Previous issues papers will have considered federal civil litigation, legal education and training, family law proceedings, technology and tribunal proceedings.
Part 1 - Introduction to the issues paper
The first part of the issues paper would introduce the ALRCÕs inquiry and describe the publication and consultation timetable. It would then define what is meant by ADR for the purposes of the issues paper (eg NADRAC definitions) and pose the fundamental questions whether more disputes can and should be diverted from the court adjudication system and into ADR, and if so, how. It raises issues about the funding and location of ADR services.
¥ WhatÕs in this paper
- options for reform of litigation processes
- outline of structure of the paper
¥ The inquiry
- what the adversarial inquiry is about
- the adversarial system
- summary of key issues concerning ADR
- consultations
- other work and other bodies (NADRAC, ARC etc)
- submissions invited
Part 2 - Background - ADR processes
This part explains what ADR processes are, how they have evolved and the relationship between pre litigation and litigation ADR processes. This part of the paper then describes existing models and how they relate to the adversarial system in order to establish a frame of reference for the discussion of process issues. This part would summarise the present ADR landscape with particular attention to court based ADR programs and legislation encouraging or mandating ADR.
What are ADR processes?
¥ ADR processes and the terms of reference
- paper covers ADR processes used to divert cases away from courts and tribunals
as well as processes that are internal or external to courts and tribunals
once litigation has commenced.
- distinction between adjudicatory and facilitative processes.
ADR models
¥ Processes and structures used to support ADR processes
- Relationship to adversarial and case management processes
- the spectrum of process choices
- variation in processes within tribunals and courts.
Part 3 - ADR and the objectives of civil justice.
This part describes the objectives of civil justice in terms of rule making and dispute resolution and the different public and private interests served by court or tribunal adjudication, as opposed to other forms of dispute resolution. It would highlight the interdependence of court adjudication and ADR and the fact that disputes and parties may have different dispute resolution needs. It would then discuss what is known about the costs and benefits of court based ADR programs. What contribution can ADR make to enhancing access to dispute resolution services and reducing costs and delays in court proceedings? The part also discusses issues relating to the location of ADR processes.
Objectives - Dispute Resolution
¥ The traditional role of courts
- judicial power
- the role of judges - incompatibility of function
- shifting functions from the courts
¥ Is a wider role for Courts and tribunals possible?
- using a mediation model?
- using an arbitration model?
Part 4 - Evaluating the current system
This part follows the objectives chapter and highlights the various evaluation studies that have been conducted in the past. It examines future trends and how ADR processes can be evaluated into the future.
¥ Criteria for evaluating
- expectations
- available information about cost, delay and satisfaction or fairness.
¥ Australian evaluation approaches
¥ Evaluation models used overseas.
Part 5 - ADR in the Federal Arena - Existing Practice
This part summarises the current ADR use in the Federal area with particular attention to recent and proposed changes to court based ADR programs and legislation encouraging or mandating ADR.
What is the current practice of the Federal Court of Australia?
¥ What processes have been used, how have they changed?
- Has the integration of the Industrial Relations court changed practices?
¥ What evaluation of ADR has occurred?
-What is the current practice of the Family Court of Australia?
¥ What changes are likely to occur in the future?
¥ What evaluation has taken place?
-What of the tribunal system?
¥ Two very different models
¥ A focus upon evaluation.
Part 6 - Process choice
This part focusses on multi option civil justice and asks whether a multi-option model of dispute resolution is achievable or desirable. It would first describe the ways in which disputes are resolved through community based organisations and other forms of ADR before ever reaching the court or tribunal system.
¥ Can access to ADR in the pre-litigation context be increased and if
so how?
- codes and benchmarks
- legislation
- contractual support
- pre litigation or pre filing requirements
- cost incentives/ sanctions
- ethical and professional requirements
- Legal Aid & ADR
¥ What effect can increased availability of ADR have on litigation culture?
¥ Should intake and referral be coordinated with, or separate from courts?
- what referral criteria should apply?
¥ Multi door models
- the Australian context
¥ Funding issues
Part 7 - Process issues
This part looks at a range of process issues including the liability of neutrals, reporting to courts, confidentiality of communications in ADR processes, enforcing agreements reached through ADR and other issues.
¥ ADR processes
- basic description of jurisdiction
- description of how ADR processes operate (statutory provisions, practice
directions, actual practice)
¥ The ADR practitioner
¥ Liability, confidentiality, court liaison
¥ Enforcing agreements
Part 8 - Court based ADR
This part considers more closely the role of judges and others in ADR processes. Can or should judges use ADR techniques in pre trial and trial contexts? Should ADR be conducted by mediators and other neutrals employed by the courts, by private or community based neutrals or by a combination of both?
The judicial model and ADR processes
¥ ADR and the judicial model
- the judicial process - how it differs from ADR
- assumptions of the judicial & ADR processes
- can there be accommodation of two processes
¥ Court adaptation of dispute resolution processes
- referral schemes
- the responsibility of courts
- funding of processes
- relationship to case management
Adversarial and ADR approaches
¥ Can adversarial procedures be blended with ADR processes?
- examples might include: expert referrals, limited arbitration, use of blended
med/arb or conciliation models.
- could less adversarial procedures impact upon cost, delay and fairness
aspects?
- to what extent can and should more ADR approaches be adopted?
- models of ADR processes eg, NSW Commercial division - Supreme Court, High
Court, Native Title decision making.
¥ Blended and structural ADR approaches - a broader application?
Part 9 - Education, Training and accreditation.
This part examines the current and proposed training and educational requirements for those involved in dispute resolution. It focusses upon the controversial Family Law requirements and the increasing use of standards. The part also refers back to Issues Paper 21 and education and training issues raised in that paper.
¥ Training and education
- Education and Training issues paper
- accreditation standards
- Australian developments
- Overseas developments
- United States - SPIDR criteria
Part 10 - Standards for ADR
This part examines the use of standards in respect of ADR processes. Can standards be used to promote greater uniformity in process? Is this desirable? If standards can be developed, what subject areas could they cover?
Best practice and standardisation of procedure
¥ Can standard processes be adopted across all courts and tribunals,
or are they too disparate in terms of subject matter?
- a code of procedure?
- what aspects could be standardised?
¥ Can best practice models be developed?
- role of performance standards and benchmarks
Part 11 - ADR and civil justice reform
The final part of the paper would summarise various agendas for civil justice reform involving enhancing the availability of ADR, both before and after court proceedings have been commenced, connected to or independently of courts, and as stand alone or blended processes. The funding implications of various reforms will also be discussed.
¥ Increasing the range of dispute resolution options available
¥ Unrepresented applicants
¥ The informal tribunal & ADR processes
¥ The impact of technology.
Two
I know that uni-heidelberg.de exists and have e-mailed the bounced messages from the addresses there to the webmaster. I know fresno.edu exists (and has a great mediation related web site). I regret that those individuals have not gotten the newsletter and can only apologize for the mysteries of the web. <sigh>
Three (a repeat, because I believe it deserves the attention)
The 17th International Peace Research Association (IPRA) Conference
THEME: "Meeting Human Needs in a Cooperative World"
WHEN: 23-26 June 1998
WHERE: University of Durban-Westville, Durban, South Africa
PLENARY TOPICS
Keynote Address: Conflict challenges at the close of the 20th Century
Plenary 1: Building Meaningful North-South Cooperation: Responsibility vs.
Specific Interests
Plenary 2: Globalization: Uniting or Dividing the World
Plenary 3: Reforming International Institutions Towards Meeting Human Needs
Plenary 4: Human Rights as an Instrument for the Eradication of Poverty:
Women, Youth, Rural Communities
Plenary 5: Military Security vs. Human Security
Plenary 6: Resolution of Internal Conflicts: Reconciliation and Reconstruction
of War Torn Societies
Plenary 7: A Vision for Meeting Human Needs in a Cooperative World: Future
Challenges to Peace Research
**18 additional separate IPRA Commissions also held looking at Communications;
Conflict Resolution & Peace-Building; Eastern Europe; Ecological Security;
Global Political Economy; Internal Conflicts (ICON); International Human
Rights; Nonviolence; Peace Education; Peace History; Peace through Literature;
Peace Movements; Peace Theories; Reconciliation; Religion and Peace; Refugees;
Security & Disarmament; Women and Peace.**
REGISTRATION FEE: Before 28.2.98 After 28.2.98
International Delegates: U.S.$200.00 U.S.$220.00
South African Delegates: U.S.$60.00 U.S.$60.00
**FOR MORE INFORMATION**
Hayden Allen
Hallen@accord.udw.ac.za
ACCORD
http://www.accord.org.za
Tel: +27 31 2629340
Fax: +27 31 2629346
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