Title

Mandatory Mediation: An Oxymoron? Examining the Feasibility of Implementing a Court-Mandated Mediation Program

Publication Type

Journal Article

Publication Date

6-2010

Abstract

Since the introduction of the "multi-door courthouse" concept at the Pound Conference, court-annexed mediation programs have been established in increasing number. The courts' increasing association with mediation programs begs the question of whether they should compel disputing parties to attempt mediation, especially in jurisdictions where mediation has not been widely utilized. This paper examines the current debate iconcerning court-mandated mediation and evaluates other jurisdictions' approaches. The author uses a "continuum of mandatoriness" to analyse the differing levels of compulsion, and argues that mandatory mediation only becomes a cause for concern in certain situations along the continuum. The paper recommends ways to design the program in a way that does not impinge upon the parties' autonomy within mediation.

Keywords

Alternative dispute resolution, courts

Discipline

Dispute Resolution and Arbitration

Research Areas

Dispute Resolution

Publication

Cardozo Journal of Conflict Resolution

Volume

11

Issue

2

First Page

479

Last Page

509

ISSN

6416-2862

Publisher

Yeshiva University, Benjamin N. Cardozo School of Law

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