Jacqueline Nolan-Haley has posted an article on SRRN that deals with the issue of mediation turning into ‘arbitration’. She gives us a timely reminder of the need to adhere to the values of the original mediation movement. Although mediation must respond to institutional users such as courts it must still be a process that is distinct from an evaluative experience for parties.
See her article at:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1713928
Worth a look to assist with the debate.
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