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Week 4 Mediation Ethics

Week 4 Mediation Ethics

Q This week's lesson discussed some of the legal and ethical issues with mediation. Consider and comment on the following questions: 1. Would you argue, as some scholars would, that mandatory mediation violates disputants' fourteenth amendment rights? Why or why not? 2. Notwithstanding your answer to #1, can mandatory mediation be justified on other grounds such as judicial efficiency or the positive outcomes often reported from reluctant participants? Explain your answer.

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1. I would not argue that mandatory mediation violates disputants’ fourteenth amendment rights. This is because there will have to be attending of the process of mediation by the disputants only. The settling of the dispute by the method of mediation is not mandatory for the disputants. Therefore, it is like a formal hearing and meeting of the disputants with their respective mediators. Any resolution mutually found by the disputants in mediation completely depends upon the discretion of the disputants. There is the presence of a facilitator in mediation who is not partial. This facilitator’s assistance is taken by the disputants during the process of mediation.