Judges as Mediators: Retaining Neutrality and Avoiding the Trap of Social Engineering

Abstract:     
As jurisdictions have begun to regulate laymen and attorneys practicing as mediators, few have provided guidelines for judges serving as mediators. Decisiveness and the willingness to use the authority of office may be the very traits which make judges effective dispute resolvers and administrators but they may also be anathema to mediation's collaborative nature, where the buy-in of the parties is essential to success. Judges serving as mediators should be trained to leave their judicial demeanor in chambers and focus on the non-adjudicative nature of mediation. The use of coercive techniques will do damage to the public's perception of the mediation process and should be eliminated.

Number of Pages in PDF File: 8

Keywords: Mediation, Mediators, Judges, Neutrality, Clergy Cases I

JEL Classification: K40, K41, K49

Accepted Paper Series