The Mediation Coma: Purposeful or Problematic

Authors

Kimberlee K. Kovach

Abstract

While many books, articles and speeches are quick to note (and even applaud) the growth and expansion of mediation, others have more recently questioned whether mediation has fulfilled its promise. An initial issue to consider is its promise of what. Many might say of use-that mediation has not been utilized in the vast majority of disputes, small or large, locally or internationally. This was the primary impetus in bringing us together for this Symposium. Another issue explored throughout this Symposium is exactly what the use of mediation may or should be. And no doubt many different views exist, as the players and actors in the dispute resolution and mediation movements have had some very divergent thoughts about what mediation could offer-and to whom it was or should be offered. What exactly then was that promise? Was it of a process that settled disputes in any way it could? Or was it a promise of universal use? Or was it a process that provided individuals opportunities for empowerment and selfdetermination? Have any of these promises been realized? This Article explores these questions, initially from a historical context. In examining several factors that impacted the mediation process, including the litigation system, the unfortunate coma emerges.

Disciplines

Dispute Resolution and Arbitration | Law | Law and Society | Legal Profession

Recommended Citation

Kimberlee K. Kovach, The Mediation Coma: Purposeful or Problematic, 16 Cardozo J. Conflict Resol. 755 (2015).
Available at: https://larc.cardozo.yu.edu/cjcr/vol16/iss3/5