JUSTICE IN MEDIATION
March 12, 2004

Mediation: Part of the Enhancement or Erosion of a Democratic Justice System?

Professor Nancy A. Welsh
Penn State Dickinson School of Law

Courts have recently been criticized as democratic institutions which are “dysfunctional,” “rogue,” or “arbitrary.” ADR processes which are now integral parts of the court have been subject to similar criticisms, primarily due to bias towards the court in general, a lack of accountability for third-party neutrals who participate in or coordinate ADR proceedings, and a view that ADR is merely a crutch for our failing courts. Mediation advocates, therefore, should additionally be advocates of re-invigorating our democratic justice system, and placing meaningful accountability mechanisms for third-party neutrals in ADR processes.

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