The prevailing measures of the success of mediation have largely focused on rates of settlement and satisfaction while overlooking the capacity-building goals expressed by many mediation advocates. I address this through empirical study of the effects of mediation on participant capacity at two community mediation organizations in Toronto. I find that mediation has the potential to build participant capacity, but in the majority of cases, it does not have these lasting effects on participants. Based on these findings I conclude that mediation advocates should scale back and reconceptualize, though not entirely abandon, their claims about the capacity-building potential of mediation.
A collection of Blaise Pascal’s letters, published in 1657, included a letter that contained the apology, ”Je n’ai fait celle-ci plus longue que parce que je n’ai pas eu le...By F. Peter Phillips, Stephen Goldberg
Mediators and attorneys generally discuss the alternatives to a mediated solution in terms of risk analysis, cost analysis, investments of time and likely verdict potential in litigated cases. But occasionally,...By Jan Frankel Schau
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