Wissler research on settlement procedures published

November 29, 2011

Two articles reporting lawyers’ views of court-connected settlement procedures in federal court, written by Roselle Wissler, Research Director of the College of Law’s Lodestar Dispute Resolution Program, were recently published.

“Court-Connected Settlement Procedures: Mediation and Judicial Settlement Conferences,” published in the Ohio State Journal on Dispute Resolution, reports the findings of a survey that provides a rare look at lawyers’ views of several models of judicial settlement conferences and mediation. Download Full Image

The findings show that lawyers tended to view mediation with staff mediators more favorably than both types of judicial settlement conferences and than mediation with volunteer mediators.  Lawyers thought that settlement conferences with judges not assigned to the case raised substantially fewer concerns than settlement conferences with judges assigned to the case, while having most of the same benefits.  Mediation with volunteer mediators presented a mixed picture relative to both judicial settlement conference models.

According to Wissler’s research, lawyers’ strong overall preference for staff mediation suggests that, when they consider all dimensions, lawyers assign greater importance to being able to discuss settlement openly and fully, without fear of negative consequences and with meaningful client involvement, than to the greater credibility judges may offer.

The findings in large part reflect inherent structural differences among the settlement procedures, including the neutrals' decision-making role, closeness to the trial judge, and proportion of their work life spent facilitating settlement. The article concludes with a discussion of the implications of these and additional research findings for courts' choices among the models of mediation and judicial settlement conferences.

To read the article, click here.

A second article, “Judicial Settlement Conferences and Staff Mediation: Empirical Research Findings” appeared in the summer 2011 issue of the Dispute Resolution Magazine. It provides a brief summary of the findings regarding staff mediation and judicial settlement conferences.

Click here to read this article.

Wissler, a Faculty Fellow in the Center for Law, Science & Innovation, conducts empirical research on mediation, arbitration, and other alternative dispute resolution (ADR) processes. Her research and writing address various policy issues relating to ADR and examine the factors that contribute to the use and effectiveness of ADR processes.

Marchant to testify at Congressional hearing

November 29, 2011

ASU Regents’ Professor Gary Marchant, Executive Director of the College of Law’s Center for Law, Science & Innovation, will address a Congressional subcommittee on Wednesday, Nov. 30. Marchant will testify before the Subcommittee on Energy and the Environment of the Committee on Science, Space, and Technology at a hearing, “Fostering Quality Science at EPA: Perspectives on Common Sense Reform.”

Marchant is a Center Faculty Fellow and the ASU Lincoln Professor of Emerging Technologies, Law and Ethics. His research interests include the use of genetic information in environmental regulation, risk and the precautionary principle, legal aspects of personalized medicine, and regulation of emerging technologies such as nanotechnology, neuroscience and biotechnology. Marchant teaches courses in Environmental Law, Law, Science & Technology, Genetics and the Law, Biotechnology: Science, Law and Policy, and Nanotechnology Law & Policy. He was named a Regents' Professor in 2011 and also is a professor in ASU’s School of Life Sciences.
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