Mediation and Justice: What Standards Govern?

Cardozo Journal of Conflict Resolution, Vol. 6, 2005

Ohio State Public Law Working Paper No. 37

44 Pages Posted: 9 Sep 2005  

Joseph P. Stulberg

Ohio State University (OSU) - Michael E. Moritz College of Law; Vermont Law School

Abstract

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

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

Joseph P. Stulberg (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

Vermont Law School

68 North Windsor Street
P.O. Box 60
South Royalton, VT 05068
United States

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