What Mediation Romantics Can Learn from the Model T (or Maybe the Chevrolet Trax)

Authors

Nancy A. Welsh, Texas A&M University School of LawFollow

Document Type

Article

Publication Date

2024

Journal Title

Cardozo Journal of Conflict Resolution

Abstract

When mediation was reintroduced to the U.S. in the 1970s, it was infused with a democracy-and-self-determination-enhancing, social justice ethos. As the process has been very successfully institutionalized, however, these ambitions have been scaled backalthough, at least arguably, certain "mediative elements" have actually been adopted (or coopted) by other procedural innovations. Perhaps it is time for those of us frustrated with the evolution of mediation to reconcile ourselves to the reality and value of a "basic" model of mediation designed for the sole purpose of getting parties from dispute to settlement-in much the same way that the basic model of a car achieves the purpose of getting its riders from PointA to Point B. As with that car, it is quite possible for parties to add other desirable features to mediation in order to respond to their unique needs and aspirations. But not necessary. Meanwhile, even the most basic model of a car must meet-and regularly prove that it meets-certain safety and environmental standards. What are the analogous standards for mediation, especially when courts or contracts of adhesion require its use?

First Page

271

Last Page

298

Num Pages

28

Volume Number

26

Issue Number

2

Publisher

Yeshiva University, Benjamin N. Cardozo School of Law

Recommended Citation

Nancy A. Welsh, What Mediation Romantics Can Learn from the Model T (or Maybe the Chevrolet Trax), 26 Cardozo J. Conflict Resol. 271 (2024).
Available at: https://scholarship.law.tamu.edu/facscholar/2282

File Type

PDF