Evaluating Mediation’s Future

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.

This and other scholarly works written by Professor Archerd are available from the Social Science Research Network.

                        author

Beth Graham

Beth Graham received a J.D. from the University of Nebraska College of Law in 2004 and a M.A. in Information Science and Learning Technologies from the University of Missouri in 2006. She also holds a B.S. in Public Administration from the University of Nebraska-Omaha. She is licensed to practice law… MORE >

Featured Mediators

ad
View all

Read these next

Category

Litigation–Style Mediation Has Got to Go

Institute for the Study of Conflict Transformation by Dan SimonIt’s entirely understandable that retired judges and experienced litigators would want to work as mediators. In their work, they’ve seen how...

By Dan Simon
Category

Texas Insurer Abandons Mandatory Mediation-Arbitration Endorsement Proposal

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesThe Texas Farm Bureau has reportedly abandoned a proposal that would have allowed insureds to relinquish their right to sue the...

By Beth Graham
Category

California Court of Appeal Extends the Reach of Section 16600 to Upset Arbitration Award Because of Alleged Overly Broad Confidentiality Provisions

In an expansive recent ruling, the California Court of Appeal in Brown v. TGS Management Co., LLC reversed a judgment confirming an arbitration award, examining the arbitrator’s findings, and ultimately invalidating confidentiality...

By Robert Milligan, Sierra Chinn-Liu

Find a Mediator

X
X
X