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Publication Title

Journal Of Contemporary Legal Issues

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This essay started out as an informal talk to a number of dispute resolution colleagues concerning what I believe is a neglected and important perspective on our field. My goal here is to bring some attention to that perspective, at two levels. First, I want to show that there is an underlying ideological dimension to the ongoing controversy over adjudication and mediation that accounts for a lot of the heat, if not a lot of the light, that goes on in the discussion of these and other dispute resolution processes. Second, I want to dig a bit deeper than I think most of us have dug so far to try to say what that ideological dimension is, what the positions are that are being staked out and struggled over. I am especially interested in clarifying what I see as the ideological basis of the mediation side of the argument, where I think there has been little clarity to date.