Having toiled in the vineyards of ADR for close to 25 years now, I take heart in the progress which this discipline has made in that time. Like so many other ADR practitioners, I frequently adorn myself with self congratulatory laurels attesting to the great advances, understanding and acceptance which mediation and arbitration have enjoyed.
I confess to being a little disappointed when I read articles setting forth the basics of the various processes, explaining that mediation is quite distinct from arbitration, and that the objectives and required skill sets of the two processes are very different. After all, I argue, isn’t it 2006 and doesn’t everyone know the difference between arbitration and mediation by now.
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