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My $0.02 on the “corruption” of the civil justice system by mediators.

In his most recent post, Geoff Sharp calls for further comment on Prof. Peter Murray’s polemic, The Privatization of Civil Justice, published in the summer edition of the American Judicature Society’s Judicature magazine.  I have not yet had the opportunity to read the entire article, but Geoff quotes liberally here, and Vickie Pynchon discusses it at length here and here.

Based on these excerpts, it appears that Murray claims that private dispute resolution mechanisms such as arbitration and mediation erode the civil justice system because arbitrator and mediators handle cases in a self-serving manner without the benefit (?) of any oversight.

I had written a lengthy piece excoriating Professor Murray’s article (and to an extent, Professor Murray), which I now realize is quite unfair, since I have only read the excerpts published (well within the bounds of Fair Use) by Geoff.  So, I will throw my support behind Vickie, whose thoughtful commentary my own comments echoed.  I will simply say that I am deeply offended by his characterization of mediators as money-grubbing whores who would prostitute their beliefs solely to generate repeat business.

18 Sep 08 | ADR, Deep Thoughts, Mediation, My Practice, Rants

One Response to “My $0.02 on the “corruption” of the civil justice system by mediators.”

  1. Stephen M (Ethesis) | September 21st, 2008 at 8:46 pm

    The only thing a mediator can really do to get repeat business is be fair and neutral in addition to having excellent skills.

    Any whiff of someone prostituting themselves would make clients scatter faster than anything else I can think of.

    Just my perspective, from mediating and hiring mediators since the mid 1980s.

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