Thursday, February 23, 2006

If It Looks, Walks And Quacks Like A Duck – It’s Not Mediation! It’s A Duck!

There is a myriad of alternative dispute resolution processes. You know them – negotiation, conciliation, facilitation, mediation [of course], early neutral evaluation, ombudsman, fact-finding, mini-trial, summary jury trial, arbitration, private judging, and litigation [again, of course]. There are combinations of these and other processes [we are very clever thinkers!]. There are also other ADR processes as well. All to say, the most visible are negotiation, mediation, arbitration and litigation. What happens sometimes [and sadly so] is that some of the other ADR processes are called mediation when, in fact, they are not as reflected in this opinion letter to in Baton Rouge, Louisiana. Reading it, you can almost feel the writer’s frustration. You can, can’t you?

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