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Making Settlement Work


ISBN13: 9780754621249
ISBN: 0754621243
Published: April 2002
Publisher: Routledge
Format: Hardback
Price: Out of print



Judges are central figures in dispensing justice, who serve as ajudicators deciding litigated questions and implementing decisions. Yet there is evidence to suggest that they devote much time to settling cases rather than adjudicating them. This study uses large money cases to examine practices.

Contents:
Introduction to the work of judge-mediators; historical changes in court settlement work, the rise of JAMS and the contrast between the two settings; money damage mediation - large and small; the initial joint session and the private conference system; recurrent obstacles to settlement and routine devices for overcoming them; talking money - mediating bilateral solutions in the face of unilateral bargainers; substantive professional competency - legally-grounded and case-specific concession-seeking. Appendix: recovering coherence of the field.