Mandatory Mediation: An Oxymoron? Examining the Feasibility of Implementing a Court-Mandated Mediation Program
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.
Alternative dispute resolution, courts
Dispute Resolution and Arbitration
Cardozo Journal of Conflict Resolution
Yeshiva University, Benjamin N. Cardozo School of Law
QUEK ANDERSON, Dorcas.
Mandatory Mediation: An Oxymoron? Examining the Feasibility of Implementing a Court-Mandated Mediation Program. (2010). Cardozo Journal of Conflict Resolution. 11, (2), 479-509. Research Collection School Of Law.
Available at: http://ink.library.smu.edu.sg/sol_research/1749