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