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ADR

1998

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Law Faculty Publications

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Full-Text Articles in Law

Are We Ready For Mediation In Cyberspace?, Joel B. Eisen Jan 1998

Are We Ready For Mediation In Cyberspace?, Joel B. Eisen

Law Faculty Publications

In Part I, I provide a brief model of a hypothetical multiparty environmental mediation proceeding. I describe limits on environmental mediation common to both the online and offline settings, and provide a model for analysis of the hypothetical proceeding. In Parts II and III, I consider limits on online mediation's potential that derive from the electronic character of the proceeding. In Part II, I discuss challenges for online mediation and conclude that such mediation, particularly complex proceedings such as environmental disputes, should be deferred for the time being. In Part III, I discuss additional concerns about the flow of communication …