The use of ADR methods in environmental disputes

Article Abstract:

Alternative dispute resolution (ADR) is a viable option for settling environmental cases. Courts and regulatory agencies are burdened with an increasing number of such cases. However, many environmental groups are reluctant to choose ADR, feeling that punitive litigation is to their benefit. Some regulatory bodies are turning to mediation during the rule-making process, hoping to avoid future litigation. ADR is ideal for addressing the complexity of environmental disputes, the often-hostile relations between parties and regulators and the need for solutions other than simple financial restitution.

Remedies, Liability for environmental damages, Environmental mediation

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Teaching mediation: the need to overhaul legal education

Article Abstract:

Law schools need to change their curricula, from being focused almost completely on training lawyers to litigate to teaching them to be problem solvers and the skills to mediate disputes. Lawyers must change their thinking from winning and losing to working toward resolution. This change of focus would resolve much of the congestion courts are enduring and free the courts to deal with the few cases that should be litigated. Not only textbooks in law schools must change, but so must the attitudes of professors and deans.

Law, Study and teaching, Legal education, Mediation

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Teaching alternative dispute resolution to America's school children

Article Abstract:

Alternative dispute resolution (ADR) has gained a foothold in the nation's schools and is proving its effectiveness. Two thousand schools offer either peer-mediation programs or offer ADR as part of their curriculum. Many schools report substantial declines in fights and suspensions. For further growth, ADR and peer mediation need to become institutionalized, teachers must give students authority to settle their own disputes and legislation mandating programs should be considered.

Negotiation, mediation and arbitration, Elementary school students

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