Party's Progress: Mediation and Ritual Process

Abstract

This paper examines mediation’s effectiveness in conflict resolution using ritual’s framework. Part I provides the necessary background on mediation and ritual, delving into mediation’s three distinct — ritualistic — stages to reveal mediation’s shortcomings. Part II reinterprets mediation by proposing a more ritualistic approach. Part III advocates for mediation practitioners to employ increased ritualistic and performance-related practices to intensify parties’ liminal experiences and advance mediation’s position on the dispute resolution continuum in the U.S. Specifically, this Part proposes a new tactic for mediators to employ.

Keywords: Ritual, culture, mediation, dispute resolution, law