Cardozo Journal of Conflict Resolution, Vol. 6, 2005
44 Pages Posted: 9 Sep 2005
Analysis posits that the most compelling account of the mediation process supports, as its governing values, voluntariness, inalienability of welfare interests, publicity of outcomes, right to treatment as an equal, informed decision-making, and toleration of conflicting fundamental values. As such, mediation constitutes an example Rawls' "pure procedural justice": there are no criteria independent of these governing values, such as a projected jury verdict or judge's decision, that can be applied to assess whether parties reached the "right" result. Rather, any result they reach through mediation is fair. In this significant sense, a "just" outcome is whatever the parties, via mediation, mutually adopt.
Keywords: alternative dispute resolution
JEL Classification: K41
Suggested Citation: Suggested Citation
Stulberg, Joseph P., Mediation and Justice: What Standards Govern?. Cardozo Journal on Dispute Resolution, Vol. 6, 2005; Ohio State Public Law Working Paper No. 37. Available at SSRN: https://ssrn.com/abstract=800827