ADR: An Eclectic Array of Processes, Rather than One Eclectic Process

7 Pages Posted: 11 Nov 2013

See all articles by Lela P. Love

Lela P. Love

Yeshiva University - Benjamin N. Cardozo School of Law

Kimberlee K. Kovach

South Texas College of Law Houston

Abstract

When mediators try to resolve a controversy by providing their analysis of the legal – or other – merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral’s judgment, award or opinion to determine or jump-start a resolution. This article urges that this add-on activity to mediation should be called by its proper name. The essay highlights the advantages of calling "mediation plus evaluation" a mixed process and discusses the advantages of having an eclectic and diverse mix of processes from which parties and counsel can choose to promote party choice and self-determination.

Keywords: ADR, Dispute Resolution, Mediators, Evaluation, Neutrality

Suggested Citation

Love, Lela P. and Kovach, Kimberlee K., ADR: An Eclectic Array of Processes, Rather than One Eclectic Process. Journal of Dispute Resolution, Vol. 2000, No. 2, 2000. Available at SSRN: https://ssrn.com/abstract=2350960

Lela P. Love (Contact Author)

Yeshiva University - Benjamin N. Cardozo School of Law ( email )

55 Fifth Ave.
New York, NY 10003
United States
(212) 790-0365 (Phone)
(212) 790-0205 (Fax)

Kimberlee K. Kovach

South Texas College of Law Houston ( email )

1303 San Jacinto Street
Houston, TX 77002
United States

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