Just settlement? Rethinking the mediator’s goals
Discussions in Dispute Resolution: The Foundational Articles
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)….
Link to Published Version
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