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"Court systems are eager to introduce mandatory mediation as a means to meet their needs to reduce case loads and adversarial litigation, and participants who understand the empowerment of mediation to self-determine their own agreements are equally as eager to embrace mediation as an alternative to costly and potentially harmful litigation."
Legal psychology is a field focused on the application of psychological principles within the legal system and its interactions with individuals. Professionals in this area are involved in understanding, assessing, evaluating potential jurors, investigating crimes and crime scenes, conducting forensic investigations The term "legal psychology" distinguishes this practical branch of psychology ...
In many courts in the common law system, a case conference may be used to settle a case.. In some courts, the rules require that before certain types of motions or petitions will be heard by the judge, the lawyers must "meet and confer" [1] to try to resolve the matter.
Some academics include conciliation as a fifth category, but others include this within the definition of mediation. [citation needed] Conflict resolution is one major goal of all the ADR processes. If a process leads to resolution, it is a dispute resolution process. [16] "
Party-directed mediation (PDM) is a mediation approach particularly suited for disputes between co-workers, colleagues or peers, especially deep-seated interpersonal conflict, multicultural or multiethnic disputes. The mediator listens to each party separately in a pre-caucus or pre-mediation before ever bringing them into a joint session.
Conflict resolution is conceptualized as the methods and processes involved in facilitating the peaceful ending of conflict and retribution.Committed group members attempt to resolve group conflicts by actively communicating information about their conflicting motives or ideologies to the rest of group (e.g., intentions; reasons for holding certain beliefs) and by engaging in collective ...
The inquisitorial procedure is the least popular approach to mediation. Arbitration: Here, mediation involves the two disputants explaining their arguments to the mediator, who creates a solution based on the arguments presented. Arbitration is best for low intensity conflict, but is the most favored mediation style overall.
While litigation presents opportunities for information denial through the rules of privilege and work product, even more opportunities to shape the conduct of opposing counsel and hostile witnesses arise in the orientation phase. [11] Psychology offers deep insights into how individuals perceive and misperceive information.
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