Perspective
Apr. 10, 2010
In Defense of an Evaluative Component
Jeffrey Joseph of the Thomas Jefferson School of Law suggests that an evaluative component to mediation is, in many cases, essential to resolving disputes.
Mediation has become big business. Articles about mediation written by mediators appear in legal newspapers on almost a weekly basis. A recurring theme stresses the need for a mediator to be "facilitative" so that the parties arrive at their own settlement. This is appropriate since the essence of mediation is self-determination of the parties in resolving their dispute.
However, the advocacy of a purely facilita...
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