Alternative Dispute Resolution
Jan. 19, 2010
Are We Really Talking About 'Mediation'?
Marco Turk of Cal State Dominguez Hills says failure to distinguish between settlement conferences and true mediation raises ethical considerations.
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.
Mediation has become the alternative dispute resolution process of choice. The simple clinical or technical formula of parties in conflict sitting down with an independent impartial third party neutral to assist them in resolving their dispute has been clouded by the failure to maintain the distinction between a settlement conference and true mediation. Even court-connected mediation programs sometimes perpetuate the cloud by on the one hand referring to "mediation" and on the other "settl...
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