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Judges as Mediators: Retaining Neutrality and Avoiding the Trap of Social Engineering

International Journal of Arbitration, Mediation and Dispute Management, Vol. 73, pp. 24-30, 2007

8 Pages Posted: 13 Apr 2007  

Steven A. Certilman

Steven A. Certilman, PC

Abstract

As jurisdictions have begun to regulate laymen and attorneys practicing as mediators, few have provided guidelines for judges serving as mediators. Decisiveness and the willingness to use the authority of office may be the very traits which make judges effective dispute resolvers and administrators but they may also be anathema to mediation's collaborative nature, where the buy-in of the parties is essential to success. Judges serving as mediators should be trained to leave their judicial demeanor in chambers and focus on the non-adjudicative nature of mediation. The use of coercive techniques will do damage to the public's perception of the mediation process and should be eliminated.

Keywords: Mediation, Mediators, Judges, Neutrality, Clergy Cases I

JEL Classification: K40, K41, K49

Suggested Citation

Certilman, Steven A., Judges as Mediators: Retaining Neutrality and Avoiding the Trap of Social Engineering. International Journal of Arbitration, Mediation and Dispute Management, Vol. 73, pp. 24-30, 2007. Available at SSRN: https://ssrn.com/abstract=979818

Steven A. Certilman (Contact Author)

Steven A. Certilman, PC ( email )

350 Bedford Street
Suite 403
Stamford, CT 06901
United States

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