The Promise and Perils of "Our" Justice: Psychological, Critical and Economic Perspectives on Communities and Prejudices in Mediation

Authors

Clark Freshman, University of Miami School of Law

Abstract

Looking for justice in mediation often depends on the lens. Critics of mediation often measure mediation against an idealized court system and find mediation lacking. Many proponents of mediation, including many contributors to the Cardozo Symposium on Mediation and Justice, argue mediation promotes justice by promoting different values from alternatives like the courts: it may promote the autonomy of the parties by letting them make choices, it may lead to more creative settlements; it may lead to greater satisfaction; it might be less expensive.

Disciplines

Dispute Resolution and Arbitration | Law | Law and Society | Water Law

Recommended Citation

Clark Freshman, The Promise and Perils of "Our" Justice: Psychological, Critical and Economic Perspectives on Communities and Prejudices in Mediation, 6 Cardozo J. Conflict Resol. 1 (2004).
Available at: https://larc.cardozo.yu.edu/cjcr/vol6/iss1/3