10.1093/oso/9780197513248.003.0028">
 

Title

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

10.1093/oso/9780197513248.003.0028

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