Opportunistic Distortions of Mediation

September 22, 2025

We all know that there are many variations of mediation that nonetheless represent legitimate examples of the process. But there are now instances in which the incentives adopted by legislatures and courts to encourage the use of mediation seem to be inviting opportunistic distortion and even misuse. Examples include “drive-by mediation” in Texas, “binding mediation”…

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Nancy Welsh

Nancy Welsh is a recognized scholar and has been a professor of law for the last 20 years, teaching dispute resolution and procedural law. She has dedicated the better part of her career to the practice, system design and assessment of mediation and other negotiative and conflict management processes, including… MORE