Volunteered or Voluntold: Effectiveness of Good Faith Clauses on Court-Ordered Mediation

Authors

J. Michael Moore

Abstract

Mediation is the “process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.” There is a growing trend in many states and the federal government to allow courts to refer parties to mediation or other forms of alternative dispute resolution (“ADR”). However, one of the distinguishing elements of a mediation is that the parties come to a voluntary agreement. If the court has forced the parties to mediate, does that negate the voluntary nature of mediation? The answer to this question appears to be yes, but the real question is whether these mediations can still serve their original purpose without being strictly voluntary.

Recommended Citation

J. Michael Moore, Volunteered or Voluntold: Effectiveness of Good Faith Clauses on Court-Ordered Mediation, 2025 J. Disp. Resol. (2026)
Available at: https://scholarship.law.missouri.edu/jdr/vol2025/iss2/12