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Mediation Law And North Carolina Term Paper

These guidelines were established to set parameters around a mediator's dissemination of legal information. The parameters set authorize a mediator to provide legal information such as brochures or printed material provided by the bar association. However, it strictly prohibits giving legal advice or sharing legal opinions with the parties. Mediation continues to be a controversial topic in the area of civil disputes. Each state has chosen its own approach to addressing these disputes and implementing mediation. Mediation oversight has taken many shapes including the use of good faith requirements for participation. Each state must continue to ensure that self-determination is at the heart of mediation programs regardless of their decision to mandate participation. Upholding the principles of mediation should be at the core of all decisions regarding assignment of cases to mediation.

References

Boettger, U. (2004). Efficiency vs. party empowerment:...

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Review of Litigation, 23(1), 1-43.
Clarke, S.H., Ellen, E.D., & McCormick, K. (1996). Court-ordered civil case mediation in North Carolina: An evaluation of its effects. Chapel Hill, NC: Institute of Government.

Colltri, L.S. (2004). Conflict Diagnosis and Alternative Dispute Resolution. Upper Saddle River,

NJ: Prentice Hall.

Lande, J. (2005). Why a good-faith requirement is a bad idea for mediation. Alternatives to the High Cost of Litigation, 23(1), 1-9.

North Carolina Dispute Resolution Commission (1996). Standards of Professional

Responsibility. Retrieved from http://www.nccourts.org/Courts/CRS/Councils/DRC/Standards/Default.asp

Zylstra, a. (2001). The road from voluntary mediation to mandatory good faith requirements: A

road best left untraveled. Journal of the American Academy of Matrimonial…

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References

Boettger, U. (2004). Efficiency vs. party empowerment: Against a good faith requirement in mandatory mediation. Review of Litigation, 23(1), 1-43.

Clarke, S.H., Ellen, E.D., & McCormick, K. (1996). Court-ordered civil case mediation in North Carolina: An evaluation of its effects. Chapel Hill, NC: Institute of Government.

Colltri, L.S. (2004). Conflict Diagnosis and Alternative Dispute Resolution. Upper Saddle River,

NJ: Prentice Hall.
Responsibility. Retrieved from http://www.nccourts.org/Courts/CRS/Councils/DRC/Standards/Default.asp
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