CHAPTER 3

Appropriateness of Process in Mediation

In this chapter and those that follow, our focus will be primarily on one ADR modality: mediation. The appropriateness of process in mediation ­cannot be overstated. It is most important to those seeking mediation as a means of minimizing conflict and avoiding the adversarial process in the family law context. In ADR circles, it is often said that if a peacemaker can handle the heat generated in the emotional furnace of the marriage dissolution process, he or she is a good candidate for successfully mediating all types of disputes, from labor and business to international relations conflicts.

When choosing a style or approach to mediation, lawyers, peace­makers, and mediation participants need ...

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