The Anti-Antagonist: What if mediation isn’t voluntary – Can it work?

Thirty years ago, when the use of mediation began to expand beyond labor issues into other substantive areas, the concept of voluntary participation was a core principle of mediation practice. Trained mediators rallied against court programs that mandated participation in mediation. Much was written about the need for participation to be a voluntary choice in order for it to actually work. The pervasive attitude was that people can’t work out conflicts and disputes in mediation if they’re compelled to participate ...