Erin Archerd, Associate Professor of Law at Detroit Mercy School of Law, has published “Evaluating Mediation’s Future,” Journal of Dispute Resolution, Vol. 2020, No. 1, 2020. In her journal article, Professor Archerd advocates for using facilitative techniques to distinguish mediation from other alternative dispute resolution mechanisms.
Here is the abstract:
This article makes the case for continued, robust support for the use of facilitation mediation in the State of Michigan and throughout the United States. Using Michigan’s unique use of case evaluation, a form of ADR similar to non-binding arbitration, and the increasing preference for mediation in civil cases, this article suggests that ADR practitioners and providers should continue to make deliberate use of more facilitative techniques in order to preserve the differentiation and value of mediation relative to other ADR processes.