Joseph P. Stulberg
Ohio State University (OSU) – Michael E. Moritz College of Law; Vermont Law School
Cardozo Journal of Conflict Resolution, Vol. 6, 2005
Ohio State Public Law Working Paper No. 37
Analysis posits that the most compelling account of the mediation process supports, as its governing values, voluntariness, inalienability of welfare interests, publicity of outcomes, right to treatment as an equal, informed decision-making, and toleration of conflicting fundamental values. As such, mediation constitutes an example Rawls’ «pure procedural justice»: there are no criteria independent of these governing values, such as a projected jury verdict or judge’s decision, that can be applied to assess whether parties reached the «right» result. Rather, any result they reach through mediation is fair. In this significant sense, a «just» outcome is whatever the parties, via mediation, mutually adopt.