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Published byGavin Lawson Modified over 8 years ago
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Evolution of ADR processes Gary A. Weissman ©Out-of-Court Settlements, 2006
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Evolution of Dispute Resolution systems
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Violence & War Early forms of dispute settlement:
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Violence & War “An eye for an eye” Early forms of dispute settlement:
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Early judicial system Violence & War “An eye for an eye” Early forms of dispute settlement:
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Early judicial system Violence & War Chancery courts “An eye for an eye” Early forms of dispute settlement:
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Early judicial system Violence & War Chancery courts “An eye for an eye” Early forms of dispute settlement: Article III courts
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Early judicial system Violence & War Chancery courts “An eye for an eye” Article III courts Mediation & Arbitration Early forms of dispute settlement:
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Article III courts
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Article III courts Article I courts Mediation Adjudicative process
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Article I courts Worker’s comp Unemployment ALJs
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Article III courts Article I courts Mediation Adjudicative process Worker’s comp Unemployment ALJs Evaluative ENE NBAO Arbitration Arbitration NB CSM
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Mediation Evaluative ENE NBAO Fact-finding Mediation Transformative
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Adjudicative process Arbitration binding Arbitration Non-binding CSM Conventional Baseball High-Low
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Adjudicative continuum De Novo Trial Appeal to the Court of Appeals Vacate for Fraud Non-binding ArbitrationCSMBinding Arbitration
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Article III courts Article I courts Mediation Adjudicative process Worker’s comp Unemployment ALJs Evaluative ENE NBAO Arbitration Arbitration NB CSM Hybrids
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Mediation Adjudicative process
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Mediation Adjudicative process Hybrids Med-Arb MedaLoa Summary Jury Trial Wild Card Parenting Time Expediters Parenting Consultants Mini-Trial
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Collaborative Law Counsel Wife Husband
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A smorgasbord of ADR processes Non-binding Advisory Opinion Early Neutral Evaluation Mediation CSM Med-Arb Designer ADR Arbitration Collaborative Law
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Visitation He prefers to stay with his mother! That’s where he needs to be at least 29 days out of every month ! No way! He should be with his father 4 weekends out of every month, plus 3 nights during the week, every holiday, and especially alternating Tuesday afternoons!
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Four-Party Conference Um… Paragraph #28 needs to be reworded… How does RESPONDENT MAY HAVE VISITATION IN ODD- NUMBERED LEAP YEARS grab you?
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