Skip to content

Perceptions in Litigation and Mediation Lawyers, Defendants, Plaintiffs, and Gendered Parties

Best in textbook rentals since 2012!

ISBN-10: 0521280540

ISBN-13: 9780521280549

Edition: 2011

Authors: Tamara Relis

List price: $61.95
Blue ribbon 30 day, 100% satisfaction guarantee!
what's this?
Rush Rewards U
Members Receive:
Carrot Coin icon
XP icon
You have reached 400 XP and carrot coins. That is the daily max!

Customers also bought

Book details

List price: $61.95
Copyright year: 2011
Publisher: Cambridge University Press
Publication date: 4/11/2011
Binding: Paperback
Pages: 302
Size: 5.98" wide x 9.02" long x 0.63" tall
Weight: 0.902
Language: English

Tamara Relis is an Assistant Professor of Law at Touro Law School, New York and a Research Fellow in the Law Department of the London School of Economics and Political Science. Between 2005 and 2009, during the writing of this book, she was a postdoctoral research fellow at Columbia University Law School, New York. Dr Relis is the recipient of various awards for her doctoral and postdoctoral research, including those from the British Academy (postdoctoral research fellowship 2006-2009, and principal investigator on a project research grant), the Economic and Social Research Council (postdoctoral fellowship 2005-2006), and from Columbia University Provost's Office and the LSE (seed fund…    

List of tables
List of figures
List of abbreviations
Acknowledgments
Introduction
Book structure
Findings and recurrent themes
Parallel worlds' theme findings
Lawyers' reconceptualization theme findings
Gender theme findings
Methodology
Great misconceptions or disparate perceptions of plaintiffs' litigation aims?
Lawyers' comprehensions of plaintiffs' litigation aims - group differences
Physician lawyers: It's only about money
Hospital lawyers: It's mostly about money
Plaintiff lawyers: It's mostly about money, but also other issues
Plaintiffs: �It's not about the money! It's about principles�
Case studies: Parallel worlds of understanding the meaning of litigated cases
System conditioning, dispute transformation, and principles intermeshed with money
Gender differentiations
Female lawyers' extralegal sensitivity
Female plaintiffs' compensatory unease
Chapter conclusion
The voluntary versus mandatory mediation divide
Lawyers' world - mandatory versus voluntary mediation divide
Negative lawyer attitudes
Underlying meaning of lawyers' mandatory - voluntary mediation preferences
Parties' world - no mandatory versus voluntary divide
Just a stage in the litigation process
Same positive attitudes - same eagerness
Same overall understandings, expectations, intentions, and needs
Chapter conclusion
Consequences of power: Legal actors versus disputants on defendants' attendance at mediation
The attendance arbiters
Lawyers' experiences with defendants at mediation
Professionals' reasoning on defendants' attendance
Physician lawyers
Hospital lawyers
Plaintiff lawyers
Analysis of lawyers' views
Mediators
Facing opponents: Disputants ascribe common meaning to case resolution
Defending doctors' views on attending mediation
Plaintiffs on defendants' mediation attendance
Gender disparities
Professionals' gender disparities
Parties' gender disparities
Chapter conclusion
Actors' mediation objectives: How lawyers versus parties plan to resolve their cases short of trial
Legal actors' mediation objectives
Physician lawyers
Hospital lawyers
Plaintiff lawyers
Lawyers' gender divisions
Disputants' mediation aims
Plaintiffs' mediation aims
Plaintiffs' gender differences
Defendant physicians' mediation objectives
The confidentiality premise
Chapter conclusion
Perceptions during mediations
Mediation's contextual worlds: Confrontations and representations
Legal actors' confrontations
Conflicts between legal and lay actors
Representations
Surface findings
Favored and disfavored mediation elements - legal actors
Favored elements
Objectionables
Favored and disfavored mediation elements - disputants
Favored elements
Objectionables
Gender disparities
Legal actors
Plaintiffs
Chapter conclusion
Parallel views on mediators and styles
Contextual realities and surface findings
The legal evaluative world on style
The importance of background
The significance of style
The extralegal facilitative world on style
Gendered mediator experiences
Overpowered female facilitative mediators
Mediators and female plaintiffs
Chapter conclusion
Conclusion: The parallel understandings and perceptions in case processing and mediation
Parallel lay versus legal worlds of understanding and meaning in case processing and mediation
Litigation aims and mediation objectives
Mandatory versus voluntary mediations
Defendants' attendance and the meaning of mediation
Mediation perceptions and assessments
Mediators and their styles
The reconceptualization of legal actors
The literature
Parallel worlds' findings - macro-meanings
The formal versus informal justice debates
The role of the legal system
The role of lawyers
Gendered parallel worlds
Extralegal sensitivity of female lawyers
Disempowered female plaintiffs
Practical application of the findings
Recommendations for future research
Bibliography
Index