Gollum, Meet Smeagol: A Schizophrenic Rumination on Mediator Values Beyond Self Determination and Neutrality
James Richard Coben
Hamline University School of Law
Cardozo Journal of Conflict Resolution, Vol. 5, p. 65, 2004
The author asserts that the exclusive reliance on the "Two Towers" of self-determination and neutrality as the foundation for mediation practice has inevitably left us with a process routinely characterized by mediator manipulation and deception. The "tricks" are tolerated by sophisticated repeat players, and absent transparency in practice, disturbingly not known to others. The evolution of mediation, from empowerment/community roots to corporate/court sustenance, is no surprise given the nation's journey through the Reagan revolution, the ideology of free markets, and the Supreme Court's unbridled support for freedom to contract in disputing. In short, mediation is at a crossroads needing to confront its mythology and find commitment to values beyond self-determination and neutrality.
Number of Pages in PDF File: 22
Keywords: mediation, self-determination, neutrality, justice, empowermentAccepted Paper Series
Date posted: September 9, 2011
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