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Naming the Game: Should Mediation Wear the ADR Label?

Marshall, Carol J.. Dispute Resolution Journal,

The author raises the question of whether mediation is correctly characterized as an alternative dispute resolution process. A case in mediation can be considered resolved when the parties decide not to litigate, but the actual dispute may remain unsettled. Alternately, mediation may end with no resolution between the parties. Therefore, the author argues that calling mediation a "dispute resolution" process can be misleading to parties who are unfamiliar with the process, who may believe that some form of resolution or settlement is guaranteed. She calls for mediators, attorneys and court administrators to spend more time educating parties about the nuances of the mediation process, in order to allow them to make an informed decision about how to pursue their dispute.

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