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In Defense of Mediation

Abstract

Professor Rosenberg responds to Professor Tina Gillo's criticism of mandatory mediation in child custody cases in The Mediation Alternative: Process Dangers for Women. This response explains that, as judged by both women and men, mandatory mediation is significantly more satisfying than litigation. Professor Rosenberg explains what mediation is, and how Family Systems Theory works. He also suggests that many mediators, but not judges, are women of color, so that mediation is likely to provide an alternative that is less subject to race and gender bias than is litigation.

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33 Ariz. L. Rev. 467 (1991)

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Authors

Joshua D. Rosenberg (University of San Fransciso)

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