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Just Court ADR

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Just Court ADR, September 29th, 2011

Here is a list of some of the articles that have been added to, RSI’s national court ADR resource center, in the past few weeks. They cover a wide variety of topics related to court ADR. The links go to full abstracts and publication information on

These are just a few of the over 4,000 resources available on We are always looking to expand our collection – if you know of any new research, programs, legislation, videos, or other resources, please let us know!

Child Protection Mediation: The Cook County Illinois Experience–A Judge’s Perspective
Martin, Hon. Patricia M., Family Court Review: An Interdisciplinary Journal, 47(1): 81-85, January 2009
Judge Patricia Martin of the Cook County Juvenile Court discusses her belief in the efficacy and even necessity of mediation in child protection proceedings. She offers a history of certain developments within theIllinoisjudicial system and the obstacles to implementing a mediation program.

Consensus Arbitration: A Negotiation-Based Decision-Making Process for Arbitrators
Witkin, Nathan, Negotiation Journal, 26(3):309-325, July 2010
This article promotes consensus arbitration as an alternative to the judicial model of arbitration.

Divorce Mediation With and Without Legal Representation: A Focus on Intimate Partner Violence and Abuse
Beck, Connie J.A.; Walsh, Michele E.; Ballard, Robin H.; Holtzworth-Munroe, Amy; Applegate, Amy G.; Putz, John W.. Family Court Review, October 2010
This study examined the demographic profiles of pro se litigants in Indiana and Arizona, focusing on cases involving partner violence or abuse.

Do Mediators Walk Their Talk in Civil Cases?
Wall, James A. Jr.; Chan-Serafin, Suzanne, Conflict Resolution Quarterly, 28(1): 3-21, Fall 2010
This article notes the incongruities between stated and observed strategies of mediators and the effect that “walking the talk” has on outcomes in mediation. It describes three styles or strategies of mediation — neutral, evaluative, and pressing — and the rates of success within each.

Fairness, Understanding, and Satisfaction: Impact of Mediator and Participant Race and Gender on Participants’ Perception of Mediation
Charkoudian, Lorig; Kabcenell Wayne, Ellen, Conflict Resolution Quarterly, 28(1): 23-52, Fall 2010
This article examines the effect of matching a mediator’s race and gender with that of participants, particularly in regard to conflict behavior, mediator behavior, and participants’ perception of the process. It summarizes recent studies on the impact of gender and race on mediation styles and then discusses the effects of sameness or difference between the mediator and the participants.

Mediation and Inequality Reconsidered: Bringing the Discussion to the Table
Wing, Leah, Conflict Resolution Quarterly, 26(4):383-404, Summer 2009
This article raises questions about power, neutrality, and self-determination in the mediation process and examines the role of mediators in addressing imbalances of power. The author specifically considers the anomaly that parties often express dissatisfaction even after “successfully” reaching an agreement.

Meet Me on Death Row: Post-Sentence Victim-Offender Mediation in Capital Cases
Rossi, Rachel Alexandra, Pepperdine Dispute Resolution Law Journal, 9(1): 185-210, 2008
This article begins with a story of a double homicide, and then shifts its focus to the people who remained in the wake of that event: the offender, and the victims’ families. The author explains the process of victim-offender mediation and identifies the primary concerns for both victims and offenders. She concludes that implementation of victim-offender mediation programs in capital cases should be promoted as an option after sentencing.

Representation Disparities and Impartiality: An Empirical Analysis of Party Perception of Fear, Preparation, and Satisfaction in Divorce Mediation When Only One Party Has Counsel
Pettersen, Michael M.; Ballard, Robin H.; Putz, John W.; Holtzworth-Munroe, Amy, Family Court Review, 48(4): 663-671, Winter 2010
Disparity in representation may give an advantage to one party over the other during divorce mediation; this article considers the extent to which that is true, as well as the parties’ perception of fairness in such unequal representation cases.

The Mediator’s Assessment of Safety Issues and Concerns (MASIC): A Screening Interview for Intimate Partner Violence and Abuse Available in the Public Domain
Holtzworth-Munroe, Amy; Beck, Connie J. A.; Applegate, Amy G., Family Court Review, 48(4): 646-662, October 2010
The authors propose a new domestic violence screening tool: the Mediator’s Assessment of Safety Issues and Concerns (MASIC). It assesses psychological abuse, coercive control, physical violence, sexual abuse or assault, stalking, and fear. The test is designed to be non-accusatory and to encompass categories of abuse that are not fully captured by other tests.

The Sieve Model: An Innovative Process for Identifying Alternatives to Custody Evaluations
Silver, Robert B.; Silver, Deborah Coe, Conflict Resolution Quarterly, 26(3): 333-348, Spring 2009
This article describes the Sieve Model of collaborative dissolution of marriage and places it within a broader historical context of divorce proceedings. The model is tailored to suit individual couples, and the “sieve” works to channel these couples through whichever processes may be useful, avoiding those that are unproductive or excessively adversarial.

Why Are Subordinates Less Satisfied with Mediation? The Role of Uncertainty
Bollen, Katalien; Euwema, Martin; Muller, Patrick, Negotiation Journal, 26(4): 417-433, October 2010
This article examines how hierarchy and status can affect the perceptions and experiences of mediation when one party is a supervisor and the other a subordinate, as in labor disputes.

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