•  
  •  
 

Abstract

It has become fashionable, if it was not always, to find fault with the legal system and those who operate it. For people seeking alternatives to, or substitutes for, the traditional system of justice, mediation and other nonlitigation processes are appealing.' As a general proposition, we are neither advocates for nor opponents of mediation as a process for handling and resolving disputes. Our experiences in observing mediations and in mediating have led us to conclude that there are appropriate and inappropriate uses of mediation as there are appropriate and inappropriate uses of other processes including litigation. Indeed, one of our goals in teaching law students to mediate is to provide future lawyers a framework in which to diagnose problems and to evaluate the appropriate applications and limitations of all dispute resolution processes. 2

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.