Probing the Legitimacy of Mandatory Mediation: New Roles for Judges, Mediators, and Lawyers

Dublin Core

Title

Probing the Legitimacy of Mandatory Mediation: New Roles for Judges, Mediators, and Lawyers

Description

This Article probes the fundamental assumptions behind the use of mandatory or court-ordered mediation. The authors question the predominant use of standing rules or judicial practices referring cases to mediation. These referrals are inconsistent with the traditional roles of judges and courts, exclude the public from the justice system, and allow repeat players to develop a private justice system with little to no oversight. The Article questions why judges allow and encourage mandatory mediation and calls for all participants to take a more active role in the process. Based on surveys of judges, mediators, and lawyers, the Article exposes troublesome trends that further support the need to either abandon mandatory mediation or substantially revise the responsibilities of judges, mediators, and lawyers in the process to better protect litigants.

Creator

Tracy Walters McCormack, Susan Schultz, and James McCormack

Publisher

St. Mary's Journal on Legal Malpractice and Ethics, St. Mary's University School of Law

Date

2011

Contributor

St. Mary's University School of Law

Rights

Copyright to authors Tracy Walters McCormack, Susan Schultz, and James McCormack

Relation

St. Mary's Journal on Legal Malpractice and Ethics

Format

RFC3778

Language

English, en-US

Type

Text

Identifier

STMU_StMarysJLegalMalpracticeAndEthics_v01i1p0150_McCormack_Step12.pdf

Files

Probing the Legitimacy of Mandatory Mediation: New Roles for Judges, Mediators, and Lawyers

Citation

Tracy Walters McCormack, Susan Schultz, and James McCormack, “Probing the Legitimacy of Mandatory Mediation: New Roles for Judges, Mediators, and Lawyers,” St. Mary's Law Digital Repository, accessed August 20, 2017, http://lawspace.stmarytx.edu/item/STMU_StMarysJLegalMalpracticeAndEthics_v01i1p0150_McCormack_Step12.pdf.

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