What Happens When Mediation is Institutionalized?: To the Parties, Practitioners, and Host Institutions

Abstract

The Alternative Dispute Resolution Section of the Association of American Law Schools presented a program, at the 1994 AALS Conference, on the institutionalization of mediation – through courtconnected programs and otherwise. The topic is an important one, because this phenomenon has become increasingly common in recent years. Moreover, the topic seemed especially appropriate for the 1994 program, since Florida – the host state for the conference – was one of the first states to adopt a comprehensive statute providing for court-ordered mediation (at the trial judge\u27s option) in civil disputes of all kinds. The move toward institutionalizing mediation has raised many questions, and this program was designed to highlight those questions, and provoke this discussion about them. The panel for the program was composed of mediation scholars, teachers and practitioners, from eight diverse jurisdictions around the country, with expertise on many different aspects of the institutionalization issue. The program was organized by Professor Baruch Bush (Program Chair), together with Professor Carol Liebman (Section Chair) and Dean James Alfini (Panel Moderator). This article presents an edited transcript of the panelists\u27 comments

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