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Article
ADR: An Eclectic Array of Processes, Rather than One Eclectic Process
Journal of Dispute Resolution
Publication Date
1-1-2000
Abstract
When mediators try to resolve a controversy by providing their analysis of the legal – or other – merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral’s judgment, award or opinion to determine or jump-start a resolution. This article urges that this add-on activity to mediation should be called by its proper name. The essay highlights the advantages of calling "mediation plus evaluation" a mixed process and discusses the advantages of having an eclectic and diverse mix of processes from which parties and counsel can choose to promote party choice and self-determination.
Publisher
University of Missouri School of Law
Keywords
- Alternative Dispute Resolution (ADR),
- Mediators
Disciplines
Citation Information
Lela P. Love and Kimberlee K. Kovach. "ADR: An Eclectic Array of Processes, Rather than One Eclectic Process" Journal of Dispute Resolution Vol. 2000 (2000) p. 295 Available at: http://works.bepress.com/lela-love/26/