Author Question: Discuss the advantages of researching American Law Reports on Westlaw compared to researching ... (Read 138 times)

CharlieWard · **on:** Aug 3, 2018

Discuss the advantages of researching American Law Reports on Westlaw compared to researching American Law Reports in print.

What will be an ideal response?

Question 2

State three situations in which it may be appropriate to hold a separate meeting with one of the parties during mediation.

What will be an ideal response?

fdliggud · **Reply #1 on:** Aug 3, 2018

Answer to Question 1

The Westlaw database is the most comprehensive online source because West publishes the print version. The topics are updated on a frequent basis which is usually weekly. In addition, hyperlinks are available for American Law Reports Digest, and American Law Reports Index which saves time.

Answer to Question 2

The text provides the following examples:
To discuss how to manage confidential information. In private, the manager can discuss with the party how he will share with the other party issues related to the confidential information without divulging their confidential aspects. For example, they can strategize how to communicate why the party's performance has declined recently without divulging a health condition or personal issue affecting performance.
To help someone calm down, vent privately, or reassess how his negative or hostile behaviors are affecting his ability to negotiate objectively. A private conversation may be necessary to avoid embarrassing the party by calling out his inappropriate behaviors in front of the other party.
To discuss the validity and feasibility of proposals made. For example, if a party becomes obstinate concerning a reasonable proposal made by the other party, the manager can encourage the party to evaluate the proposal seriously before dismissing it.
To tone down the rancor of an overly aggressive party and build up the confidence of a less assertive party.
To help a party express feelings and thoughts that she is unable to express in the joint session. The manager can help the party find a way to sort through and articulate these issues when the parties reconvene.
Upon the request of a party. The manager should grant such a request, unless she perceives that the party is using it to avoid the other party or is attempting to manipulate her.
To confer with a co-mediator. It may be necessary to call for a short break so co-mediators may check in and strategize, particularly if they perceive they are at an impasse.