Book Review

Book Review of "Mediating Legal Disputes: Effective Strategies for Lawyers and Mediators" by Dwight Golann (Aspen Law & Business).Published in cooperation with the American Bar Association Section of Dispute Resolutio

Bush on Mediator Dilemmas

Despite its richness, I believe that there are three features of the study that raise both conceptual and practical difficulties. They are: (1) its methodology for identifying ethical dilemmas; (2) its presumptions regarding the extent to which public policy can or should address some or all of the mediator\u27s dilemmas; and (3) its applicability to mediator roles and dilemmas in contexts outside a court-referral system. I consider each of these features below

ADR Paradigms and Intervenor Values

Mediators insist that they can be neutral intervenors when assisting parties reach a negotiated settlement. They view their role as that of facilitating the development of settlement terms that the parties find acceptable, irrespective of whether the mediator approves of them or if they are in the best interests of either the parties or the public.\u2

Mediation, Democracy, and Cyberspace

Published in cooperation with the American Bar Association Section of Dispute Resolutio