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Procedural Justice Research and the Paucity of Trials
(Journal of Dispute Resolution, 2002)
Professor Deborah Hensler tells an important cautionary tale about mandatory mediation in her thoughtful and provocative contribution to this volume. In Suppose It's Not True: Challenging Mediation Ideology, Hensler observes ...
Insurers, Illusions of Judgment & Litigation
(Vanderbilt Law Review, 2006)
Insurers play a critical role in the civil justice system. By providing liability insurance to parties who would otherwise be untenable as defendants, insurers make litigation possible. Once litigation materializes, insurers ...
Understanding Settlement in Damages (and Beyond)
(Journal of Dispute Resolution, 2004)
For all of the ways in which the Sabia case is extraordinary, its outcome--settlement--is decidedly ordinary. In most civil litigation, as in the Sabias' litigation against Dr. Maryellen Humes and Norwalk Hospital, ...