Mediation

You may contact Jenny Rensler, the course liaison, for research-related questions at jrensler@law.umaryland.edu.

Getting Started | Secondary Sources: Journals & Law Reviews | Secondary Sources: Practice Materials | Primary Sources: Statutory Materials | Primary Sources: Administrative Materials | Primary Sources: Judicial Materials | Related Websites

Getting Started

With any project, unless you are already knowledgeable about mediation, it is best to start with basic, introductory resources and then to consult more focused works, moving from secondary sources to primary sources.

Secondary sources such as articles and books can provide you with an overview of your topic and help you think of search terms you might not have thought of otherwise. They also cite primary authorities such as statutes and cases. You can use the primary sources cited in secondary sources as a jumping off point to find other primary sources in several ways:

  • Shepardize or KeyCite them to see what other sources have cited them (visit the Shepard's Citation Service tutorial or the KeyCite tutorial for more information);
  • Read cases to see what other sources they cite (jump to Judicial Materials);
  • On Westlaw or in West Digests (for example, the Maryland Digest), look up the topics and key numbers in the cases you've already read to find other cases that address the same issues;
  • On Lexis, use "More Like This" to find other sources with wording or citation patterns similar to the document you started with;
  • Read annotations to statutes to find cross references to cases that have analyzed them or regulations that have been issued under their authority (jump to Statutory Materials).

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Secondary Sources: Journals & Law Reviews

The two main indexes to law journals are LegalTrac and Index to Legal Periodicals & Books (which includes books as well). These indexes include references to many journals not included in Westlaw or Lexis databases and in some cases provide access to the full text electronically. Each of these two online indexes has a parallel print version: the Current Law Index (K33 .C87), and the Index to Legal Periodicals (K9 .N32) are shelved near the print journals on level 1. The Index to Legal Periodicals is particularly helpful if you need to find articles published prior to 1980. For additional help on finding articles, link to Finding Articles in Legal Journals and Law Reviews.

Most print journals are shelved on level 1 of the library, in alphabetical order by journal title. To find out if the library has a particular journal title in electronic format, use the e-journals link on the Library web page or ask a librarian for help.

Journals:

While most general law reviews publish articles on mediation, there are a number that focus specifically on the topic mediation:

  • ADR Currents
    Vol.1, no.1 (summer 1996- ) Periodicals Stacks
  • Conflict Resolution Quarterly (continues Mediation Quarterly)
    Vol. 19, no. 1 (fall 2001- ) Periodicals Stacks
  • Dispute Resolution Journal
    Vol. 48, no. 4 (Dec. 1993- ) Periodicals Stacks
    Electronic access
  • Dispute Resolution Magazine
    Vol. 1, no. 1 (spring 1994- ) Periodicals Stacks
  • Harvard Negotiation Law Review
    Vol. 1 (spring 1996- ) Periodicals Stacks
    Electronic Access
  • Journal of Collective Negotiations in the Public Sector
    Vol. 2 (1972- ) Periodicals Stacks
    Electronic Access
  • Journal of Dispute Resolution
    ( Vol. 1988- ) Periodicals Stacks
  • Mediation Quarterly (continues Conflict resolution quarterly)
    No. 1 (Sept. 1983)-no. 24 (summer 1989); v. 7, no. 1 (fall 1989)-v. 18, no. 4 (summer 2001) Periodical Stacks
  • Negotiation Journal
    Vol. 1, no. 1 (Jan. 1985- ) Periodicals Stacks
    Electronic Access
  • Ohio State Journal on Dispute Resolution
    Vol. 1, no. 1 (fall 1985- ) Periodicals Stacks
    Electronic Access
  • Willamette Journal of International Law and Dispute Resolution
    Vol. 5 (1997- ) Periodicals Stacks

Note: Each of the files on Lexis and Westlaw are combined files of journals. It is also possible to search these journals individually. Also, don't forget that almost every American law review has published some articles on mediation.

Lexis

Westlaw

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Secondary Sources: Practice Materials

Books

Use the online catalog to find alternative dispute resolution treatises available in the Thurgood Marshall Law Library . Some suggested subject headings to search are [Dispute resolution (Law) -- Maryland] or [Mediation -- Maryland]. For research hints on how to use the catalog, see the Research Guide - Searching the Catalog.

ADR and settlement in the federal district courts / Elizabeth Plapinger, Donna Stienstra.
Washington, DC: Federal Judicial Center, 1996.
General Stacks | KF9084 .P53 1996
Access through Lexis
ADR cost savings & benefits studies.
New York : CPR Institute for Dispute Resolution, c1994.
General Stacks | KF9084.A75 A37 1994
Access through Lexis
 
ADR & the law: a report of the American Arbitration Association, the Fordham International Law Journal and the Fordham Urban Law Journal.
New York, N.Y.: American Arbitration Association, 1997-
General Stacks | KF9085.A15 A5
ADR personalities and practice tips / edited James J. Alfini and Eric R. Galton.
Washington, D.C.: ABA, Section of Dispute Resolution c1998.
General Stacks | KF9084.Z9 A35 1998
Alternative dispute resolution / Stephen J. Ware
St. Paul, Minn.: West Group, 2001.
Reserves | KF9084 .W37 2001
Alternative dispute resolution: an adr primer / produced Beth A. Paulson in cooperation with Frank E.A. Sander and the Standing Committee on Dispute Resolution.
Washington, D.C.: ABA Standing Committee on Dispute Resolution, 1989.
General Stacks | KF9084.Z9 A52 1989
Alternative dispute resolution in a nutshell (2nd ed.) / Jacqueline M. Nolan-Haley.
St. Paul, Minn.: West Group, 2001.
General Stacks | KF9084.Z9 N65 2001
Alternatives to the high cost of litigation / Center for Public Resources.
New York, N.Y.: Law & Business, Inc
Periodicals Stacks
Access through Lexis
Web version (selected full text): http://www.cpradr.org/
Alternatives to litigation: mediation, arbitration, and the art of dispute resolution / Abraham P. Ordover with G. Michael Flores and Andrea Doneff.
Notre Dame, Ind.: NITA, c1993.
General Stacks | KF9084.Z9 O72 1993
Beyond winning: negotiating to create value in deals and disputes / Robert H. Mnookin, Scott R. Peppet, Andrew S. Tulumello.
Cambridge, Mass.: Belknap Press of Harvard University Press, 2000.
General Stacks | K120 .M66 2000
Collaborative law: achieving effective resolution in divorce without litigation / Pauline H. Tesler.
Chicago, IL: Section of Family Law, ABA, c2001.
General Stacks | KF535 .T47 2001
CPR Model ADR Procedures and Practices Series
Access through Westlaw
Dispute processing and conflict resolution: theory, practice and policy / edited by Carrie Menkel-Meadow.
Aldershot: Ashgate Dartmouth, 2003.
General Stacks | K2390 .M46 2003
Dispute resolution: negotiation, mediation, and other processes (3rd ed.) / Stephen B. Goldberg, Frank E.A. Sander, Nancy H. Rogers.
Gaithersburg, Md.: Aspen Law & Business, c1999.
General Stacks | KF9084 .G65 1999
Dispute Resolution Program directory / compiled the Special Committee on Resolution of Minor Disputes of the Public Services Activities Division, ABA.
Washington, D.C.: The Committee, 1980-
Reference Stacks | KF9084.A15 D58
A Drafter's guide to alternative dispute resolution / edited by Bruce E. Meyerson, Corinne Cooper.
Chicago, Ill.: Committee on Dispute Resolution, Business Section of the ABA, c1991.
General Stacks | KF9084.Z9 D7 1991
Encyclopedia of conflict resolution / Heidi Burgess and Guy M. Burgess.
Santa Barbara, Calif.: ABC-CLIO, c1997.
General Stacks | HM136 .B783 1997
Essentials of negotiation / Roy J. Lewicki, David M. Saunders, John W. Minton.
Chicago: Irwin, c1997.
General Stacks | HD58.6 .L49 1997
A guide to negotiation and mediation / Gary Goodpaster.
Irvington, N.Y.: Transnational Publishers, c1997.
General Stacks | KF9084 .G66 1997
The lawyer's guide to negotiation: a strategic approach to better contracts and settlements / Xavier M. Frascogna, Jr. and H. Lee Hetherington.
Chicago, IL: ABA, 2001.
General Stacks | KF300 .F7 2001
Manual of dispute resolution: ADR law and practice / Edward A. Dauer.
Colorado Springs, Colo.: Shepard's/McGraw-Hill, c1994.
General Stacks | KF9084 .D38 1994
Martindale-Hubbell dispute resolution directory
New Providence, N.J.: Martindale-Hubbell, c1994-
Reference Stacks | KF9084.A15 M27
Access through Lexis
Maryland Rules Commentary / Paul V. Niemeyer, Linda M. Schuett.
General Stacks | KFM1729 .N67 1992
Access via Lexis
 
 
Mediation advocacy / John W. Cooley.
South Bend, Ind.: NITA, c1996.
General Stacks | KF9084 .C65 1996
Access through Lexis
Mediating legal disputes: effective strategies for lawyers and mediators / Dwight Golann
Boston: Little, Brown, c1996.
General Stacks | KF9084 .G642 1996
Mediation.
New York: CPR Institute for Dispute Resolution, c1995.
General Stacks | KF9084.A73 M43 1995
Mediation: a handbook for Maryland lawyers / Daniel E. Klein, Kaye A. Allison, Perry F. Sekus.
Baltimore, Md.: MICPEL, c1999.
General Stacks | KFM1304.8 .K12 1999
Mediation in a nutshell / Kimberlee K. Kovach.
St. Paul, Minn.: Thomson West, c2003.
Reading Room | KF9084.Z9 K68 2003
Mediation: law, policy, and practice (2nd ed.) / Sarah R. Cole, Nancy H. Rogers and Craig A. McEwen.
St. Paul, Minn.: West Group, c2001-
General Stacks | KF9084 .C52 2001
Mediation practice guide: a handbook for resolving business disputes / Bennett G. Picker.
Washington, DC : American Bar Association, Section of Dispute Resolution, c2003.
General Stacks | KF9084.Z9 P53 2003
The mediation process: practical strategies for resolving conflict / Christopher W. Moore. 3rd ed.
San Francisco: Jossey-Bass, c2003.
General Stacks | HM136 .M684 2003
Mediation: theory, policy, and practice / edited Carrie Menkel-Meadow.
Aldershot, Hants, England: Ashgate/Dartmouth, c2001.
General Stacks | K2390 .M44 2001
The mediator's handbook: advanced practice guide for civil litigation / John W. Cooley.
Notre Dame, Ind.: NITA, c2000.
General Stacks | KF9084 .C573 2000
The mediation process: practical strategies for resolving conflict (2nd ed.) / Christopher W. Moore.
San Francisco: Jossey-Bass, c1996.
General Stacks | HM136 .M684 1996
Online dispute resolution: resolving conflicts in cyberspace (1st ed.) / Ethan Katsh, Janet Rifkin.
San Francisco, CA: Jossey-Bass, c2001.
General Stacks | K2390 .K38 2001
A practical guide to negotiation / Thomas F. Guernsey.
South Bend, Ind. : National Institute for Trial Advocacy, 1996.
General Stacks | KF9084.Z9 G84 1996
Access through Lexis
The Promise of mediation: responding to conflict through empowerment and recognition (1st ed.)
/ Robert A. Baruch Bush, Joseph P. Folger.
San Francisco, CA: Jossey-Bass, c1994.
General Stacks | HM136 .B787 1994
World arbitration & mediation report. London, England: BNA International Inc., 1990-
General Stacks | K2400 .A13 W6

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Forms

Alternative Dispute Resolution with Forms, Second Edition.
St. Paul, Minn.: West Publishing Company, 1997
General Stacks | KF9084 .G7 1997
TAL Center | KF9084 .G7 1997
Access through Westlaw
American Jurisprudence Pleading and Practice Forms Annotated.
Rochester, N.Y., Lawyers Co-operative Pub. Co., West Group, 1966-.
General Stacks | KF8836 .A45
Access through Westlaw
American Jurisprudence Legal Forms (2nd ed).
St. Paul, Minn., West Group, 1971-
General Stacks | KF170 .A542
Access through Westlaw
Civil Procedure Forms / George W. Liebmann.
St. Paul, Minn.: West Pub. Co., 1984.
General Stacks | KFM1715.A73 M32
Maryland Civil Procedure Forms: with Practice Commentary / Robert D. Klein.
New York, NY: LEXIS Pub., c2000-
Reserves | KFM1730.A65 D542 2000
Access through Lexis
Maryland Litigation Forms and Analysis / Gary I. Strausberg.
St. Paul, Minn.: West Group, c1998-
General Stacks | KFM1730.A65 M372 1998
Nichols Cyclopedia of Federal Procedure Forms.
Wilmette, Ill.: Callaghan, c1952- .
General Stacks | KF8840 .C932
Access through Westlaw
West's Federal Forms.
St. Paul, West Pub. Co. c1952-
General Stacks | KF8836 .W32
Access through Westlaw
West's Legal Forms / Paul Lieberman.
St. Paul, Minn.: West Pub. Co., 1981-
General Stacks | KF170 .L53 1981
Access through Westlaw

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Primary Sources: Statutory Materials

Statutes relating to mediation exist at both the federal and state levels.

Some useful electronic sources of statutory and legislative materials are linked below. For more information on federal legislative research, including federal legislative history, see Chapter 5 and Chapter 10 of the Thurgood Marshall Law Library Guide to Legal Research. For more information on state legislative research, including Maryland legislative history, see Chapter 9 of the Thurgood Marshall Law Library Guide to Legal Research.

Federal:

Maryland:

Lexis

Westlaw:

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Primary Sources: Administrative Materials

For more information on researching federal administrative law, see Chapter 6 and Chapter 10 of the Thurgood Marshall Law Library Guide to Legal Research. For more information on researching Maryland administrative law, see Chapter 9 of the Thurgood Marshall Law Library Guide to Legal Research.

Free:

Lexis:

Westlaw:

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Primary Sources: Judicial Materials

For general information on finding and updating case law, see Chapter 7 of the Thurgood Marshall Law Library Guide to Legal Research.

Case Law and Court Rules:

Note: Free databases do not include cases dating back as far as the materials in Lexis and Westlaw databases. It is not recommended that you use free case law databases in your research.

Federal and State

Lexis:

Tip: If you find one good case on Lexis, you may be able to find others by identifying the headnote that best describes the issue of interest to you, then clicking "More Like This Headnote," or by Shepardizing the case to find other cases that have cited it for the issue represented by that headnote.

Westlaw:

Tip: If you find one good case on Westlaw, you may be able to find others by identifying the headnote that best describes the issue of interest to you, then clicking "Most Cited Cases" for that headnote. You could also try clicking "KeyCite Notes" to find other cases that have cited your good case for issue represented by that headnote.

Court-Related Resources

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Related Resources

Listed below is a selected list of websites of organizations and other entities with collections specializing in alternative dispute resolution:

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