This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

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...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails