Just settlement? Rethinking the mediator’s goals
Document Type
Book Chapter
Publication Date
2021
Department/School
Political Science
Publication Title
Discussions in Dispute Resolution: The Foundational Articles
Abstract
Lawrence Susskind (1981) famously argued mediation’s success should be judged by the agreement’s basic fairness or justice. Josh Stulberg (1981) responded that settlement, and not justice, is the mediator’s goal (pp. 88, 97, 100-101, 103, 105, 106). In order to achieve settlement, the process must provide self-determination to the parties, that is, be voluntary and noncompulsory, which requires the mediator to be impartial and not focus on the fairness of the outcome (pp. 86, 88-91)….
ISBN
9780197513248
Link to Published Version
Recommended Citation
Pappas, B. A. (2021). Just settlement? Rethinking the mediator’s goals. In B. A. Pappas, Discussions in dispute resolution (pp. 136–140). Oxford University Press. https://doi.org/10.1093/oso/9780197513248.003.0028