Using non-binding mediation to strengthen the justice system
Article Abstract:
Mediation can often resolve the underlying causes of disputes, which the traditional justice system is not designed to address. Only 5% of pending court cases are resolved through the courts, with most of the rest settled adversarially, leaving the non-legal causes of the disputes unaddressed. Non-binding mediation encourages the use of a neutral third party who can review each side's position without revealing information that could compromise a future court case.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1995
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Non-adversarial mediation
Article Abstract:
A nonadversarial mediator succeeds if both disputants feel they have won at the end of the process. The mediator does not work from an absolute frame of reference defined by the law. The mediator tries to understand the subjective point of view of the disputants. The mediator should encourage disputants to answer important questions, regarding the ideal outcome and strengths and weaknesses of their claims, before the mediation begins.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1995
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A medical malpractice litigator proposes mediation
Article Abstract:
Mediation may correct inequities which exist in medical malpractice litigation. Less than 2% of those injuried by the medical system filed claims in the 1990s and those that did were often dissatisfied with the results. Mediation may bring respect back to doctors, lawyers, and patients.
Publication Name: Dispute Resolution Journal
Subject: Law
ISSN: 1074-8105
Year: 1997
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