Originally from:
AAA Handbook on Mediation - 2nd Edition - Electronic
AAA Handbook on Mediation - 2nd Edition - Hardcover
CHAPTER 5 - Preview Page
MEDIATION HYPE & HYPERBOLE:
HOW MUCH SHOULD WE BELIEVE?
Mark R. Sherman
I. Introduction
The mediation process is an indispensable device in the “tool kit” of
many dispute resolution professionals. Early in the last decade, as
mediation became an institutionalized step in a diverse array of dispute
resolution systems, mediators and disputants alike were generous, even
effusive, in their claims about its positive attributes.1 Whether viewed as
pure “hype,” or as “hyperbole,” some of these claims have fallen
conspicuously short of reality. In other fields besides the author’s “home
turf” of employment disputes, much of the naive enthusiasm surrounding
the mediation process has also begun to wane. In many quarters, the
process has ceased to be viewed as a panacea and is, instead, seen with a
combination of realism, cynicism and even contempt. Some people may
feel that they obtained sub-optimal outcomes from the process in the
past. Others in the market for an adjudicated outcome may view
mediation as little more than a toll booth on the road to litigation. Yet
others may be disappointed that mediation does not always live up to all
the claims its proponents have made for it. In other words, they may feel
confused or misled by the hype and hyperbole surrounding mediation
