Resolution Systems InstituteResolution Systems InstituteMenuDonate
  • Home
  • About
    • Overview
    • Mission
    • People
    • History
    • Awards
    • Careers
    • Support RSI
  • Services
    • Program Administration
    • Program Design
    • Research and Evaluation
  • Our Impact
    • Child Protection Mediation
    • Evaluation of a Child Protection Mediation Program
    • Eviction Mediation
    • Foreclosure Mediation
  • Resource Center
    • Overview
    • Court ADR Basics
    • Guide to Program Success
    • Mediation Efficacy Studies
    • Model Surveys
    • The OPEN Project: ODR Party Engagement
    • Peer Review Tools
    • Special Topics
  • Publications
  • Blog
  • Contact
  • Donate
Combined ShapeBack to search results

Tort Reform Renews Debate Over Mandatory Mediation

Reuben, Richard C.. Dispute Resolution Magazine, Jan. 1, 2007

In light of impending tort reform, the author of this article addresses mandatory mediation and proposes that, although the "mandatory" aspect may have been appropriate to "get the ball rolling" in the 1970s and 1980s, it is no longer necessary. Instead, he advocates for an incentive-based voluntary model of mediation. The author outlines both the benefits and the disadvantages of mandatory mediation and concludes that the costs outweigh the benefits. He also provides a list of questions for legislators to consider when drafting the reforms.

For counterpoint to this article, please see "Another View of Mandatory Mediation," by Frank E.A. Sander.

11 E Adams Street, Suite 500, Chicago, IL 60603

  • 312.922.6475
  • info@aboutrsi.org
  • © 1998-2025 RSI
  • Facebook
  • Twitter
  • LinkedIn

To give you the best possible experience, this site uses cookies. If you continue browsing, you accept our use of cookies and agree to our Disclaimer, Privacy & Copyright policy.

Learn More