Publication Date

Winter 2018

Journal

Dispute Resolution Magazine

Abstract

The article explores the role of facts, truth, and storytelling in mediation, highlighting a debate among scholars about whether mediators should focus on objective truth or prioritize parties' subjective experiences and narratives. The discussion emphasizes the tension between the legal system's pursuit of objective facts and mediation's goal of fostering understanding and collaboration. The authors argue that while brute facts (objective realities) matter, institutional facts (socially constructed meanings) are equally important in resolving conflicts. They suggest that mediators should act as active listeners, helping parties understand each other's perspectives rather than imposing their own truths.

Volume

24

Issue

2

First Page

14

Last Page

18

Publisher

American Bar Association

Disciplines

Dispute Resolution and Arbitration | Law

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