Mediation: Not Meditation, Not Medication, And Definitely Not Arbitration

Yesterday the New Jersey Star-Ledger reported that the state’s Supreme Court “OKs mediation in custody disputes“.

The problem with the story is that the New Jersey Supreme Court did nothing of the kind. Instead, it held that parties to a matrimonial action can submit questions relating to child custody and parenting time to binding arbitration (PDF).

Was this confusion in reporting the result of careless journalism? No doubt. But this also tells me that the ADR field still has plenty of work to do in terms of public education and awareness. Arbitration and mediation are not concepts to be used interchangeably. One is not a synonym for the other. They serve different purposes and produce different outcomes. And we need to help the public – our prospective clients – understand that.

Hat tip to Jim Melamed, Mediate.com’s CEO.

                       

Diane J. Levin

Diane Levin, J.D., is a mediator, dispute resolution trainer, negotiation coach, writer, and lawyer based in Marblehead, Massachusetts, who has instructed people from around the world in the art of talking it out. Since 1995 she has helped clients resolve disputes involving tort, employment, business, estate, family, and real property… MORE >