Issues in Mediation: Rhetoric and Reality Revisited

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Abstract
The rapid growth of mediation programs in the past decade has been accompanied by substantial research and commentary. Although most studies of mediation find it to be effective and satisfying for resolving disputes outside the courts, questions remain about its processes, effectiveness, and broad impact. This article examines both long‐standing and newly emerging issues in light of the varied programs established since 1969 (and with regard to the accompanying research and commentary). These issues include the appropriateness of mediation for different types of disputes; concerns about power disparity, coercion, and state control; public knowledge and use of mediation; the affiliation of mediation programs with government agencies or communities; and their impact on the justice system, and on neighborhood development and empowerment.