Is ‘binding mediation’ a new solution?

Is ‘binding mediation’ a new solution? (access required)

No dispute resolution procedure is perfect. Litigation is expensive, protracted, public and risky. Arbitration has become essentially a private litigation with most of its attendant ills, and, even when conducted closer to its original, relatively-streamlined procedures, it is still expensive and in some ways more risky. Mediation requires good faith participation and agreement on the ...

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One comment

Larry Martin
February 3, 2009 at 10:05 am

This should NOT be called Mediation. Facilitated Arbitration is what it is.The whole process is built on sham empowerment, since all participants know from the get-go that the real power is with the pretend mediator I can’t imagine a single move or statement being made in the
> process which would not be directed toward controlling the outcome which
> may be imposed by the person in charge….the most challenging part of mediation is disabusing the parties that the mediator is the decision maker. In this process the mediator would be the default decision maker which would rob the parties of any real power or control. It is Facilitated Arbitration. I suggest the word mediation appear nowhere in the name of this process.