CONFIDENTIALITY REVISITED:California Style

Stewart and I have lived through the legal adversary system and we know what havoc it could have wrought on our family…. We were nuts. We were crazy. We were your average psychotic divorcing parents…. What you do not see is we get well. We bailed out of the adversary court system because we could see it was no help to us. We were the lucky ones…. There are thousands like us who could use your help before the war gets started.
—Parent at the 1978 Midwinter Association of Family and Conciliation Courts Conference, Los Angeles.     

MEDIATING JUDICIAL POLICY

Despite the widespread use of mediation to resolve public policy disputes, there is little written on the mediation of judicial rule disputes. A successful mediation of a dispute over proposed court rules to govern mediation of certain family law cases involving domestic violence concerns is reviewed. The authors conclude that the mediation provided (a) a confidential venue for disputing judges to respectfully disagree with one another, (b) an opportunity for collaborative problem solving, (c) an opportunity to reduce conflict among judicial colleagues. (d) a format for dialogue with other stakeholders, and (e) greater degree of influence with regard to the outcome of the dispute. Specific recommendations to encourage the effective use of judicial policy mediation are offered.     

Property rights and unemployment insurance reserves

Unemployment insurance (UI) laws have recently come under considerable criticism for fostering employment disincentives. Imperfections in the experience rating tax schedule has been the primary causal factor behind most of these allegations. In particular, the insurance subsidies created by the tax schedule have been blamed for distorted labor markets and for increased layoffs.This article proposes that a property rights system be established for UI reserves which would enable a firm with an unemployment insurance reserve surplus to lend voluntarily to a firm in need of reserves. Such a system would allocate reserves more efficiently and eliminate some of the disincentives effects of the current unemployment insurance scheme. A property rights system would be a second best solution to perfecting the present unemployment insurance system and making it actuarially sound. However, assigning rights to UI reserves can be implemented without challenging the special interests of the politically dominant industries that have been responsible for maintaining the imperfections in the UI system for 50 years.