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Article
“Don’t waste my time on negotiation and mediation, this dispute needs a judge.” which conflicts need judges? which conflicts need filing?
Law papers (2001)
  • John Wade, Bond University
Abstract

This article contains two parts. First, there is a framework aimed at encouraging lawyers and other conflict managers to be overtly analytical when deciding which interventions may or may not be helpful in a particular conflict. Second, to illustrate this analytical framework, there are two lists of factors or diagnostic indicators that suggest that certain conflicts probably need the decision of an umpire or judge and that certain other conflicts probably need written claims to be filed in a court or tribunal. This article does not attempt to create lists of factors that indicate the suitability of many other processes, such as early neutral evaluation, problem-solving mediation, and arbitration.

Keywords
  • conflict resolution,
  • mediation,
  • negotiation,
  • analytical framework,
  • role of judiciary
Publication Date
January 1, 2001
Publisher Statement
Preprint

This document has been peer reviewed.

Wade, John (2001) Don’t waste my time on negotiation or mediation; this case needs a judge: When is litigation the right solution? Mediation Quarterly, 2001, Vol. 18, Iss. 3, pp. 259-280.

Contact the publisher, Wiley Interscience, to access this article.
Mediation Quarterly is now published as Conflict Resolution Quarterly.
Copyright © 2001 Wiley Periodicals, Inc., A Wiley Company.
Citation Information
John Wade. "“Don’t waste my time on negotiation and mediation, this dispute needs a judge.” which conflicts need judges? which conflicts need filing?" Law papers (2001)
Available at: http://works.bepress.com/john_wade/8/