What Happens When Mediation is Institutionalized?: To the Parties, Practitioners and Host Institutions

Sharon Press
Mitchell Hamline School of Law Dispute Resolution Institute

James J. Alfini
South Texas College of Law

John Barkai
University of Hawaii – William S. Richardson School of Law

Robert A. Baruch Bush
Hofstra University – Maurice A. Deane School of Law

Michele Hermann
University of New Mexico – School of Law

Jonathan M. Hyman
Rutgers Law School

Kimberllee Kovach
affiliation not provided to SSRN

Leonard L. Riskin
University of Florida – Levin College of Law

Carol Bensinger Liebman
affiliation not provided to SSRN

January 1, 1994

Ohio State Journal on Dispute Resolution, Vol. 9, p. 307, 1994


The Alternative Dispute Resolution Section of the Association of American Law Schools presented a program, at the 1994 AALS Conference, on the institutionalization of mediation – through court-connected programs and otherwise. The topic is an important one, because this phenomenon has become increasingly common. Moreover, the topic seemed especially appropriate for the 1994 program, since Florida – the host state for the conference – was one of the first states to adopt a comprehensive statute providing for court-ordered mediation (at the trial judge’s option) in civil disputes of all kinds. The move toward institutionalizing mediation has raised many questions, and the program mentioned was designed to highlight those questions, and provoke discussion. This article includes an edited transcript of the panelists’ comments.

What Happens When Mediation is Institutionalized?- To the Parties, Practitioners and Host Institutions

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