Likewise, I do not mean to criticize Hensler's contribution to this volume. Although she is a prominent procedural justice researcher herself, she is certainly not responsible for the inattention given to the questions I have identified, and her measured conclusions about what might be inferred from the existing research are certainly appropriate. Indeed, I take Hensler' s broader point to be that courts should not mandate mediation simply because they believe as a matter of faith that mediation is a "better" process than others." Rather, courts should base their decisions, to the extent possible, on empirical evidence about the relative desirability, fairness, and legitimacy of the available dispute resolution processes. This seems quite sensible.
Procedural Justice Research and the Paucity of Trials,
2002 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2002/iss1/7