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Another View of Mandatory Mediation

Sander, Frank E.A.. Dispute Resolution Magazine, Jan. 1, 2007

This article responds to Richard Reuben's "Tort Reform Renews Debate Over Mandatory Mediation" article. The author distinguishes between court-ordered and legislatively mandated mediation and states that compulsory arbitration does not result in fewer settlements and that mediation participation satisfaction rates are high regardless of agreement status. Mediation should be utilized for appropriate cases and mediators should be well-trained and well-qualified in order for a mediation program to be successful. He also recommends beginning with a small pilot program in order to modify defects in the process.

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