Consideration for Mediation and Alternative Dispute Resolution for North Dakota
14 Pages Posted: 23 Aug 2012
Date Written: 2001
Abstract
This article discusses the practice of mediation in North Dakota. In part one, Professor Spain defines mediation, explaining that mediation has become the catch phrase for numerous alternative dispute resolution processes. Part two discusses the origins, goals, and values of mediation as a process for resolving conflict. Part three contrasts the goals and processes of “facilitative mediation” and “evaluative mediation.” Part four raises ethical considerations in mediation. Spain concludes by noting that ongoing recommendations for the design and implementation of alternative dispute resolution processes are necessary to ensure the most effective mediation practices in North Dakota.
Keywords: alternative dispute resolution, ADR, mediation, North Dakota, conflict, facilitative mediation, evaluative mediation, confidentiality, tranformative mediators, ethics
JEL Classification: K19
Suggested Citation: Suggested Citation