Mapping the World: Facts and Meaning In Adjudication and Mediation

28 Pages Posted: 14 Jun 2012 Last revised: 26 Feb 2013

Robert Rubinson

University of Baltimore - School of Law

Date Written: 2011

Abstract

This Article explores what is and what is not in adjudication and mediation, thus illuminating the profound differences between these two processes. The Article does this work in four parts. First, it offers an analysis of cognitive mapmaking and its inevitability in constructing meaning. It then explores how adjudication defines meaning in a particular way. This Article then conducts a comparable analysis of mediation. Finally, it focuses on the bridging function attorneys play between the worlds of mediation and adjudication.

Keywords: maps, communication, adjudication, dispute resolution, simplification, facts, rules of evidence, mediation, exclusion, legal representation, lawyers, attorneys

JEL Classification: K19, K39, K49, L84

Suggested Citation

Rubinson, Robert, Mapping the World: Facts and Meaning In Adjudication and Mediation (2011). Maine Law Review, Vol. 63, No. 1, 2011, pp. 61-87; University of Baltimore School of Law Legal Studies Research Paper No. 2013-04. Available at SSRN: https://ssrn.com/abstract=2083709 or http://dx.doi.org/10.2139/ssrn.2083709

Robert Rubinson (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States

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