Find Mediators Near You:

Opportunistic Distortions of Mediation

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”…

Join the Mediate.com community of mediators and gain access to exclusive tools, insights, and referrals to advance your service helping others.

  • In‑depth articles like this one, written for experienced mediators
  • Continuing‑education tools, practice marketing support, referral opportunities
  • A trusted network of peers committed to fair, empowering dispute resolution

You’ve already seen part of this article, join now to read without interruption.

Already a member? Log in here
author

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

Featured Members

ad
View all

Read these next

Category

The 3 Things To Focus On If Your Practice Is Failing To Thrive

Whether you recently started a legal or dispute resolution practice or if you have been in business for years, many entrepreneurs are finding that their businesses are struggling lately. They...

By Susan Guthrie
Category

Looking to the Future: Complexity, Chaos, and Making Connections

Diversity matters! For mediation to develop in fresh and vibrant ways, we need to think and act creatively. Some of the best ideas come from making connections – for example,...

By Lisa Parkinson
Category

Trade Secret Mediation: Negotiating Beyond the Distrust

This article was previously published in Seyfarth Shaw’s “Trading Secrets” blog.Trade secret litigation often involves deep levels of distrust, heated emotional exchanges, suspicion and anger on the part of parties...

By Erica Bristol
×