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Article
The Decline of Dialogue: The Rise of Caucus-Only Mediation and the Disappearance of the Joint Session
Alternatives to the High Cost of Litigation (2021)
  • Lela Love, Benjamin N. Cardozo School of Law
  • Eric Galton
  • Jerry Weiss
Abstract
This article examines the rise of caucus-only mediation and the decline of the joint session, using data from a survey of mediators in the International Academy of Mediators. The authors write that “the trajectory of mediation may be mirroring a fractured, polarized society where conversation is perceived as awkward, if not dangerous.” The article concludes that there should be a presumption in mediation of a joint session with dialogue between the parties—a rebuttable presumption in particular cases. The authors call for mediators to remain leaders of understanding how to promote talk and to continue to be expert in dialogue in a shrinking world so desperately in need of human interaction, collaboration, and civil conversation.
Keywords
  • Mediation,
  • Joint Session,
  • Mediators,
  • Dialogue
Disciplines
Publication Date
June, 2021
Citation Information
Lela Love, Eric Galton and Jerry Weiss. "The Decline of Dialogue: The Rise of Caucus-Only Mediation and the Disappearance of the Joint Session" Alternatives to the High Cost of Litigation Vol. 39 Iss. 6 (2021) p. 89 - 100
Available at: http://works.bepress.com/lela-love/64/