Alternative Dispute Resolution
Aug. 4, 2009
Life of the Parties
Using self-determination in mediations, parties design their own outcome and its enforceability.
A. Marco Turk
Emeritus Professor
CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
A bedrock principle in the art of mediation is party self-determination. This means that the process is all about the parties. It is not about the mediator or the lawyers where counsel are involved. This would appear to be a principle without question. In the ever-increasing popularity of professional mediation provider services, however, it has become problematic.
The primary difference between mediation and the adversarial process (litigation or arbitration) is that the mediator...For only $95 a month (the price of 2 article purchases)
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