JUSTICE IN MEDIATION
March 12, 2004

Mediator Values beyond Self-Determination

Professor James R. Coben
Hamline University School of Law

The exclusive reliance on self-determination as a guiding principle has encouraged development of a model of neutral intervention that is flawed from its inception and has prevented mediation from gaining support on the political left.
First, neutrals are expected to be "valueless" and to act impartially. Second, in the service of self-determination, mediators justify all sorts of manipulation and deception, tolerated particularly by sophisticated repeat players like lawyers and their wealthy customers, because the "tricks" work. What's needed is a commitment to values beyond self-determination.

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