Category Archives: Mediation

Mediation and the Self-Represented — Towards a New Paradigm

The mediation world seems to be starting seriously to engage the issue of self-represented litigants. Indeed, last week at the ABA Conference of the Section on Dispute Resolution, I was on a panel on the subject with Heather Scheiwe Kulp, … Continue reading

Posted in Judicial Ethics, Mediation, Supreme Court | 5 Comments

Interesting Post on South Africa Proposed Law on Traditional Courts

There is obviously substantial dispute about the concept of traditional courts, with advocates promoting their use of non-adversarial values, and opponents fearful that such an approach removes the key power of courts to protect the weak and vulnerable against the … Continue reading

Posted in Access to Justice Generally, Mediation | Tagged | Leave a comment

On the Role of Mediators and Neutrals with the Self-Represented

A recent conversation made me realize how little attention we have paid to what happens to the self-represented in mediation and other environments that involve a supposed neutral.  After all, it is not at all unusual for states to mandate … Continue reading

Posted in Judicial Ethics, Mediation | 3 Comments