Alternative Dispute Resolution
Feb. 20, 2010
The Silent War Between Arbitration or Mediation
Marco Turk of Cal State Dominguez Hills discusses the undercurrent of resentment and opposition to mediation as the ADR process of choice.
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.
Just when we thought that all was well on the western front of ADR, we find that there is at least an undercurrent of resentment and opposition to mediation as the ADR process of choice. In his prestigious third edition (2009) "The Law and Practice of Arbitration," Thomas E. Carbonneau, Orlando Distinguished Professor of Law and Faculty Director of the Arbitration Institute at Penn State University, has pulled out all stops in his attempt to put mediation in its place. He seems to b...
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