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Abstract

I do not want to overstate my claim. There is nothing in the UMA that precludes conducting a mediated conversation in a manner consistent with what I frame below as a "robust vision" of the mediator's role. The Act, however, does not provide sustained support for it and, more seriously, appears to license the type of intervener that I believe is inconsistent with basic process goals. Hence, I am conjecturing - though I do not believe it is "idle conjecturing" - as to how parties, representative, and the mediator shall conduct their mediation conference under the vision of mediation embedded in the Act; it is a vision, I believe, that diminishes rather than promotes mediation's salient values.

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