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The Thinning Vision of Self-Determination in Court-Connected Mediation: The Inevitable Price of Institutionalization?
Welsh, Nancy A.. Harvard Negotiation Law Review, 6(1): 1-, 2001
Self-determination is considered to be one of the cornerstones of mediation but, the author argues, the meaning of self-determination is changing for court-connected mediation as it becomes more institutionalized. In the new meaning of self-determination, parties play a less central role and mediators place more emphasis on winning a settlement. This has led to a greater number of parties claiming that they were coerced into settlement. The author examines the ways in which party self-determination can be protected and argues for a three-day cooling off period before mediated settlement agreements become enforceable.
Publisher or Resource Origin
Harvard Law Review
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