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Alternative Dispute Resolution

Mar. 20, 2010

'Puff, the Magic Dragon:'Binding Mediation

Binding mediation, a hybrid ADR approach, is based on a misunderstanding of mediation's true nature.

A. Marco Turk

Emeritus Professor CSU Dominguez Hills

Email: amarcoturk.commentary@gmail.com

A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.

I can still hear Peter, Paul and Mary singing the song "Puff, the Magic Dragon" as it went to the top of the record charts in 1963 .It proved to be the inside favorite about a fun-loving dragon from a special place called "Honah Lee," who taught children in a magical world about self-esteem. A line in the song says, "A dragon lives forever, but not so girls and boys." That analogy can be made to historical arbitration versus meditation. It seems that the former, as the bedrock of al...

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