The Repeat Player Effect in Child Protection Mediation: Dangers of and Protections Against Second-Class Justice for Marginalized Parties

Authors

Donna Erez-Navot, University of Wisconsin Law School

Abstract

This Article will be structured as follows: Part I of this Article will introduce some of the basic and problematic phenomenon including the repeat player effect, cooptation and others that arise in the legal system. In Part II, there will be specific attention to these phenomenon applied in various well-researched dispute resolution areas including criminal, child protection, employment and arbitration contexts. Part III of this Article gives a broad introduction into court annexed mediation and child protection mediation in general. Part IV of this Article will focus on the specific effects of repeat player, cooptation, and others in Family Court and child protection mediation programs across the country. Part V of the Article will draw upon both the author's experiences as a child protection dispute system designer/mediator and the experiences of other stakeholders through a small qualitative study, to present ethical issues in child protection mediation. Finally, Part VI will focus on solutions about how to address the ethical issues through system design and upholding self-determination of the parties. The Article concludes that through an understanding and careful application of appropriate safeguards, mediators in court-connected mediation programs such as child protection mediation programs can provide more than second class justice to the one shot players.

Disciplines

Civil Rights and Discrimination | Contracts | Dispute Resolution and Arbitration | Law

Recommended Citation

Donna Erez-Navot, The Repeat Player Effect in Child Protection Mediation: Dangers of and Protections Against Second-Class Justice for Marginalized Parties, 16 Cardozo J. Conflict Resol. 831 (2015).
Available at: https://larc.cardozo.yu.edu/cjcr/vol16/iss3/9