Systematic Analysis in Dispute Resolution

By Stuart S. Nagel; Miriam K. Mills | Go to book overview

CHAPTER 5
Merging of Minds and Microcomputers: The Coming of Age of Computer-Aided Mediation of Court Cases

JOHN W. COOLEY


COMPUTER-AIDED MEDIATION

Mediation in General

Traditionally, mediation has been defined as a process in which an impartial intervenor helps disputants reach a voluntary settlement of their differences through an agreement defining their future behavior. Mediation consists of eight stages: initiation, preparation, introduction, problem statement, problem clarification, generation and evaluation of alternatives, selection of alternatives, and agreement. 1 The mediator does not impose a decision on the parties. Yet despite this lack of decision-making authority, the mediator is effective for several reasons:

1. Parties are more likely to disclose important information concerning their true settlement objectives to a mediator than to an arbitrator, judge, or other party with decision- making authority.
2. A mediator is able to work, in caucus, with each party in defining a realistic settlement range or solution, often discovering an overlap in settlement ranges or solutions that can lead to a prompt agreement.
3. By focusing on problem-solving rather than fault-assignment, a mediator keeps the parties in a settlement frame of mind rather than an adversarial one.
4. Mediation is confidential and involves virtually no risk to the parties since they cannot be bound by the mediator.
5. If the parties cannot agree, each is free to terminate the mediation. This freedom allows the parties to consider more creative solutions than are likely to emerge from an adversarial process. 2

-65-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Systematic Analysis in Dispute Resolution
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 292

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.