Ohio State Journal on Dispute Resolution
The article assesses the social justice critique of mediation and its bases. It describes various responses that mediation's proponents have offered to counter its social justice critics and illustrates the flaws in the arguments used to counter the critics. It presents a new view of how mediation can be supportive of social justice and explains the conditions essential for mediation to meet that goal. It discusses the U.S. Supreme Court's decision in Brown v. Board of Education of Topeka.
Robert A. Baruch Bush and Joseph P. Fogler,
Mediation and Social Justice: Risks and Opportunities, 27 Ohio St. J. on Disp. Resol. 1
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/643