Voluntary participation. It’s a core principle of mediation, as it structures an environment where self-determined settlement is possible. It’s also a primary distinction between mediation and litigation. Sure, a court can require parties to attend a mediation session. But, for an agreement to meet the needs of both parties and be sustainable, both parties’ participation must be voluntarily. A mediator may be able to report if you do not appear, but cannot—should not—make you participate. (more…)
Archive for the ‘Policy-making’ Category
Why Mediation Cannot Replace Court
Just Court ADR, November 4th, 2011Potholes on the Road to Justice: Race and Mediation
Just Court ADR, October 17th, 2011Mediation is about giving everyone a chance to share their stories, balancing power dynamics and leveling the playing field. But what if the ground on which we presume to build the field has holes too big to backfill sufficiently?
Those issues that lend themselves most to mediation in the court setting disproportionately impact (more…)
Groundbreaking Court Decision Requires Courts to Comply with Mediators
Just Court ADR, July 15th, 2011Housing advocates are lauding the Nevada Supreme Court’s trio of decisions, released Thursday, about Nevada’s foreclosure mediation program. However, under the surface of Pasillas, Redmon, and Leyva lurks factors that could cause upheaval (more…)
How the Feds Might Fund Mediation
Just Court ADR, March 21st, 2011As state politicians argue over budget cuts, innovative programs are often the first to go. Mediation is no exception.
Santa Barbara’s 30-year-old landlord-tenant mediation program was threatened when the City Council couldn’t figure out how to fund (more…)
