33 Pages Posted: 18 Nov 2011
Date Written: January 1, 2011
Critical race theorists have raised important concerns about alternative dispute resolution in general and mediation specifically. Many of the critiques were written prior to the ascendency of court-connected mediation. To set the context, Part II of this article begins with a brief history of the court-connected mediation movement in the United States. In Part III, the critiques of mediation, specifically focusing on those related to minorities, are summarized. Part IV identifies some of the flaws in the critiques as related to court-connected mediation. Part V includes actions that court programs can undertake to address the issues raised by the critiques and concludes with an assessment of court-connected mediation’s response to date.
Keywords: Court-connected mediation, ADR, alternative dispute resolution, mediation, critical race theorists, minorities, race
Suggested Citation: Suggested Citation
Press, Sharon, Court-Connected Mediation and Minorities: A Report Card (January 1, 2011). Capital University Law Review, Vol. 39, p. 819, 2011. Available at SSRN: https://ssrn.com/abstract=1954896