This article has three principal parts. In the first, we present an overview of judicial mediation and how it responds to some of the perceived problems with the classical model of adjudication. In this analysis, we draw especially on the experience with judicial mediation at the appellate level at the Quebec Court of Appeal. In the second part, we examine the unfolding of the mediation process itself, using an annotated guide to judicial mediation to address broader issues of both practical and theoretical concern. In the third part, we consider the crucial question of ethics in mediation, signaling some of the problems in applying ethical models developed in the context of classical adversarial litigation and advocacy to mediation. Finally, we conclude by suggesting some continuing challenges and subjects for further study.
Louise Otis and Eric H. Reiter,
Mediation by Judges: A New Phenomenon in the Transformation of Justice ,
6 Pepp. Disp. Resol. L.J.
Available at: http://digitalcommons.pepperdine.edu/drlj/vol6/iss3/2