Notre Dame Law Review
Informed consent has a central role to play in mediation. Without it, mediation's promises of autonomy and self-determination are empty. This Article has given the theoretical and policy justifications for a reform of mediation practice that honors the principle of informed consent. I have argued for a contextualized approach that takes into account mediation's location, the voluntariness of the parties' consent, and their representational status. This kind of analysis will lead to a more informed practice of mediation decisionmaking than exists currently and provide a perspective that can more prudently guide a mediator's conduct. The proposed approach promotes greater fairness in mediation, particularly for parties who do not have lawyers. And fairness is what matters at the end of the day.
Informed Consent in Mediation: A Guiding Principle for Truly Educated Decisionmaking , 74 Notre Dame L. Rev. 775
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