The Hopes and Fears of All the Years: 30 Years Behind and the Road Ahead for the Widespread Use of Mediation

Authors

Lela P. Love, Benjamin N. Cardozo School of LawFollow
Ellen A. Waldman, Thomas Jefferson School of Law

Publication Date

2016

Journal

Ohio State Journal on Dispute Resolution

Abstract

Looking through the windshield in 1985, the dispute resolution community was enthusiastic about mediation's promise: the promise of a radically different paradigm premised on party-driven resolution and collaborative decision-making. Peering ahead, mediation's pioneers anticipated a quiet revolution in conflict management toward more therapeutic and democratic processes. What do events in the last three decades tell us about the high and low points — the successes and failures — in the journey of that endeavor? Looking forward, how might we best align reality with our highest aspirations and avoid the disappointing troughs we encountered in those past decades? This article addresses those questions.

Volume

31

Issue

2

First Page

123

Last Page

150

Publisher

Moritz College of Law

Keywords

Law and Society, Legal History, Courts, Arbitration, Dispute Resolution

Disciplines

Courts | Dispute Resolution and Arbitration | Law | Law and Society | Legal History

Recommended Citation

Lela P. Love & Ellen A. Waldman, The Hopes and Fears of All the Years: 30 Years Behind and the Road Ahead for the Widespread Use of Mediation, 31 Ohio St. J. on Disp. Resol. 123 (2016).
https://larc.cardozo.yu.edu/faculty-articles/462