Location

Brock University

Document Type

Paper

Start Date

15-5-1997 9:00 AM

End Date

17-5-1997 5:00 PM

Abstract

If some have conceptualized law as a culture of argument, then perhaps ADR is a culture of rhetoric. Judges facilitate rational argumentation during trials. Mediators and arbitrators sometimes seem to glory in their sophistic lineage. As the attractiveness of mediation increases, it is worth pausing to consider whether these perspectives on ADR are warranted. There is some truth to fears about potential abuse of power in mediation. Would the culture of argument improve it? Those engaged in "transformational mediation," I argue, can accommodate such concerns and facilitate understanding of the proper role of argumentation in dispute resolution processes.

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Creative Commons Attribution 4.0 License
This work is licensed under a Creative Commons Attribution 4.0 License.

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Jerome Bickenbach, Commentary on Kominar

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Jerome Bickenbach, Commentary on Kominar (May 1997)

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May 15th, 9:00 AM May 17th, 5:00 PM

Rhetoric or Argument: The Rational Culture of ADR

Brock University

If some have conceptualized law as a culture of argument, then perhaps ADR is a culture of rhetoric. Judges facilitate rational argumentation during trials. Mediators and arbitrators sometimes seem to glory in their sophistic lineage. As the attractiveness of mediation increases, it is worth pausing to consider whether these perspectives on ADR are warranted. There is some truth to fears about potential abuse of power in mediation. Would the culture of argument improve it? Those engaged in "transformational mediation," I argue, can accommodate such concerns and facilitate understanding of the proper role of argumentation in dispute resolution processes.