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Making Deals in Court-Connected Mediation: What's Justice Got to Do With It?
Welsh, Nancy A.. Washington University Law Quarterly, Vol 79, p. 787, 2001
The author asserts that within the context of the courts, mediation should deliver to disputants an experience of procedural justice, or a sense that justice is being done. With this in mind, she examines the changes that have occurred in court-connected mediation - greater attorney involvement, greater emphasis on assessment of the value of the case, greater reliance on caucus, and less emphasis on creative solutions - and places those changes in the context of procedural justice. She concludes that these changes may diminish litigants' perception of justice and tarnish the legitimacy and authority of the courts.
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Washington University School of Law
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