TY - JOUR
T1 - The Appropriateness of Mediation: A Case Study and Reflection on Fuller and Fiss
AU - Burns, Robert P.
PY - 1989
Y1 - 1989
N2 - Fiss would probably argue that the case should not be mediated, for it meets two of his four proposed grounds for preferring adjudication to mediation: significant distributional inequalities existed between the parties and the case, if litigated, might have called forth an authoritative interpretation of the law. Fuller, on the other hand, would consider the case appropriate for mediation if the participants intended to create relevant norms to define their relationship and had a strong interest in continuing the relationship and the mediation. The author concludes that the participants, by choosing mediation over litigation, did not choose the more conservative process. They exposed themselves to one another's angers and irrationalities and became aware that cooperation was not possible.
AB - Fiss would probably argue that the case should not be mediated, for it meets two of his four proposed grounds for preferring adjudication to mediation: significant distributional inequalities existed between the parties and the case, if litigated, might have called forth an authoritative interpretation of the law. Fuller, on the other hand, would consider the case appropriate for mediation if the participants intended to create relevant norms to define their relationship and had a strong interest in continuing the relationship and the mediation. The author concludes that the participants, by choosing mediation over litigation, did not choose the more conservative process. They exposed themselves to one another's angers and irrationalities and became aware that cooperation was not possible.
M3 - Article
VL - 4
JO - Ohio State Journal on Dispute Resolution
JF - Ohio State Journal on Dispute Resolution
ER -