Abstract

http://ssrn.com/abstract=2083709
 


 



Mapping the World: Facts and Meaning In Adjudication and Mediation


Robert Rubinson


University of Baltimore - School of Law

2011

Maine Law Review, Vol. 63, No. 1, 2011, pp. 61-87
University of Baltimore School of Law Legal Studies Research Paper No. 2013-04

Abstract:     
This Article explores what is and what is not in adjudication and mediation, thus illuminating the profound differences between these two processes. The Article does this work in four parts. First, it offers an analysis of cognitive mapmaking and its inevitability in constructing meaning. It then explores how adjudication defines meaning in a particular way. This Article then conducts a comparable analysis of mediation. Finally, it focuses on the bridging function attorneys play between the worlds of mediation and adjudication.

Number of Pages in PDF File: 28

Keywords: maps, communication, adjudication, dispute resolution, simplification, facts, rules of evidence, mediation, exclusion, legal representation, lawyers, attorneys

JEL Classification: K19, K39, K49, L84

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Date posted: June 14, 2012 ; Last revised: February 26, 2013

Suggested Citation

Rubinson, Robert, Mapping the World: Facts and Meaning In Adjudication and Mediation (2011). Maine Law Review, Vol. 63, No. 1, 2011, pp. 61-87; University of Baltimore School of Law Legal Studies Research Paper No. 2013-04. Available at SSRN: http://ssrn.com/abstract=2083709 or http://dx.doi.org/10.2139/ssrn.2083709

Contact Information

Robert Rubinson (Contact Author)
University of Baltimore - School of Law ( email )
1420 N. Charles Street
Baltimore, MD 21218
United States
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