Volume 5, Number 2

Benjamin N. Cardozo School of Law, Yeshiva University
Cardozo Journal of Conflict Resolution
Kukin Program for Conflict Resolution
Jacob Burns Institute for Advanced Legal Studies

Present

JUSTICE IN MEDIATION

March 12, 2004 9am – 2pm

The panelists aim to provide an engaging analysis of the justice dimensions of mediation. Critics of mediation claim that mediation sacrifices a just result- a result in keeping with accepted societal norms- for mere efficiency and expedience. The panel will examine this critique and explore perspectives on justice in mediation including, reparative justice, retribution, distributive justice, relationship and community building, and procedural justice. Panelists will address whether the mediator's introduction of legal (or other) norms into mediation compromises the parties' self-determination of which justice norms should apply.

Moderators:

Professor Lela P. Love, Benjamin N. Cardozo School of Law
Professor Harold I. Abramson, Touro Law Center

Speakers:

Professor James R. Coben, Hamline University School of Law
Mediator Values beyond Self-Determination

Professor Clark J. Freshman, University of Miami School of Law
The Promise and Perils of "Our" Justice: Psychological, Critical and Economic Perspectives on Communities and Prejudices in Mediation

Professor Isabelle R. Gunning, Southwestern University School of Law
Mediator Neutrality, Activism and Justice

Professor Jonathan M. Hyman, Rutgers School of Law-Newark
"Swimmining in the Deep End: Mediators' Engagement with Justice"

Professor Carrie J. Menkel-Meadow, Georgetown University Law Center
"Past and Future as Justice in Mediation - Can Peace Reconciliation BE Acheived Without Acknowledgment and Responsibility?"

Professor Jacqueline M. Nolan-Haley, Fordham University School of Law
Lessons for Mediation from the Merger of Law and Equity

Professor Joseph B. Stulberg, The Ohio State University Moritz College of Law
Is Party Endorsement of an Outcome Sufficient Indicia of Justice Done?

Professor Ellen A. Waldman, Thomas Jefferson School of Law
The Dialectic of Justice in Mediation
"Justice being taken away, then, what are kingdoms but great robberies?"

Professor Nancy A. Welsh, Penn State Dickinson School of Law
"Mediation: Part of the Enhancement or Erosion of a Democratic Justice System?"

Jacob Burns Moot Court Room
Cardozo School of Law 55 Fifth Avenue (at Twelfth Street)
New York, NY 10003

Jacob Burns Institute foe Advance Legal Studies,
the Cardozo Journal of Conflict Resolution
and the Kukin Program for Conflict Resolution

would like to acknowledge and thank the following individuals for their assistance and contribution to this symposium:

Barton Beebe
Barbara Birch
Oscar Diaz
Malte Pendergast-Fischer
Amy Gaudet
Peter Goodrich
Jonathan & Ira Kukin
Felix Lopez
Lela Love
Ilene Mates
Jackie Tavarez

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