Future of Mandatory Mediation

The Evolution, Growth, Present Status, and Future of Mandatory Mediation

Mariam Barth Paul

Upper Iowa University

October 8, 2010

Dr. James Block

The Evolution, Growth, Present Status, and Future of Mandatory Mediation

Introduction

Mandatory law mediation comes seven years after the Connecticut General Assembly adopted a similar law to help reduce medical insurance premiums and Mal meritless legal claims. In 2003, the state legislature passed a law requiring those wishing to file a claim of medical malpractice to first obtain a certificate of good will; that is,a statement from the professional medical care (with the same training as a health care provider listed in the lawsuit),maintaining that there is reason to believe,negligence occurred(Boettger, 2004).

Alternative Dispute Resolution, ADR, opened the door for parties in conflict to resolve their differences through non-traditional judicial forums. These alternatives include the option of the parties to resolve their differences without the high costs associated with litigation and at the same time reducing inventories court cases.

Body: A Discussion and Analysis

Recently, mediation has been brought to the attention and the watchful eye of many states and legal systems for its ability to resolve party disputes in divorce proceedings. Many states already have a valid charter, which give their courts the latitude to order the parties to conflict mediation when deemed appropriate, and many of those currently being turned into additional legislation to order, or mandate, the parties to mediation by participating in "good faith "to the conflict is resolved in court. Cases relating to debt recovery, family relationships (divorce and child custody), the victim of criminal and appellate matters have been the target of the new mandatory mediation law (Held, 2004).

The Evolution, Growth, Present Status and Future of Mandatory Mediation or Arbitration of discrimination Claims

Anthony M. Lanzone, who has participated in many panels of ADR, defines mediation as "a non-binding, confidential process for resolving the dispute to one or more neutral third parties. Physical and legal persons in general to participate in mediation on a voluntary basis in order to resolve the dispute through non-binding negotiations with the assistance of a neutral third party. "(Boettger, 2004).

Voluntary participation of the party and self-determination are key requirements of the "standard model of conduct for intermediaries, which will allow the parties to be in control without feeling forced or coerced participation obligation to reach an agreement (Hamilton and Keck 52-55). The warring parties have positions in order to effect the replacement of traditional voluntary participation with the mandatory participation requirement under the guise of participation in "good faith", where participants must actively participate in mediation before the full court practice, their cases in court.

"Honesty" advocates mediation support defined goals to increase the overall efficiency of the legal process of the dispute by compulsory participation in mediation sessions. Opponents argue that being forced to participate in the mediation of conflicts not only with the quality of the processes of traditional mediation, but in fact the result of the participation of "bad faith" (Boettger, 2004), or negative impact on the ...