Find Mediators Near You:

Can We Negotiate Justice?

Thanks to Geoff Sharp over at mediator blah blah for citing us to Justice Trumps Peace: the Enduring Relevance of Owen Fiss’s Against Settlement by Don Ellinghausen, Jr.  Geoff Sharp’s excellent post on the issues raised (again) is here and Ellinghusen’s exhaustive treatment of mediation’s limitations and overblown claims here.

Agree with Fiss, Ellinghausen, Laura Nader and Carrie Menkel-Meadow or not, there shouldn’t be a mediator practicing who is unaware of these serious criticisms of the mediation process.  If we’re not aware of them, we can’t avoid the potential for “muscle” mediation to prevent even the aspirational goal of delivering justice without regard to gender, color, power, social status, wealth and all the rest of the social markers the law has been so careful to avoid paying obeisance to.

Check it out.

                        author

Victoria Pynchon

Attorney-mediator Victoria Pynchon is a panelist with ADR Services, Inc. Ms. Pynchon was awarded her LL.M Degree in Dispute Resolution from the Straus Institute in May of 2006, after 25 years of complex commercial litigation practice, with sub-specialties in intellectual property, securities fraud, antitrust, insurance coverage, consumer class actions and all… MORE >

Featured Members

ad
View all

Read these next

Category

Annulment: What Are the Rules on the Rules?

Arbitration BlogArticle 52(4) of the ICSID Convention identifies the provisions of the Convention that apply, mutatis mutandis, to annulment proceedings: “[t]he provisions of Articles 41–45, 48, 49, 53 and 54,...

By Mallory Silberman
Category

3 Ways Parents Can Help Their Kids Adjust

As parents, we try to protect our kids from undue stress. But the reality is that life is inherently stressful. While we may not be able to protect our kids...

By Jane McWilliams
Category

Dismantling Systems of Bullying

International Center for Cooperation and Conflict Resolution Bullying is a public health problem that affects 20% to 30% of students on a daily basis and is associated with depression, suicidal...

By Peter T. Coleman
×