Publication Date

2000

Journal

Journal of Dispute Resolution

Abstract

When mediators try to resolve a controversy by providing their analysis of the legal – or other – merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral’s judgment, award or opinion to determine or jump-start a resolution. This article urges that this add-on activity to mediation should be called by its proper name. The essay highlights the advantages of calling "mediation plus evaluation" a mixed process and discusses the advantages of having an eclectic and diverse mix of processes from which parties and counsel can choose to promote party choice and self-determination.

Volume

2000

First Page

295

Publisher

University of Missouri School of Law

Keywords

Alternative Dispute Resolution (ADR), Mediators

Disciplines

Law

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