She writes "I have written critically before of ADR's two-edged nature and encouraged my fellow ADR practitioners to consider with care their responsibility to the public and to our institutions of justice.
Of course we as a profession should ask ourselves these kind of questions. Does ADR undermine the rule of law? If justice is the end, is ADR the best means?"
China Law Blog weighs in "Great question. Never thought of it until now. I always tell my clients the mediator does not care if you walk away with a million or zero, he just wants the parties to settle. Am I wrong in this?
Here's another concern I have with mediation: it has become so prevalent and so automatic that lawyers under the age of 40 cannot even envision even trying to settle a case without mediation."
My thought - Whilst I believe in mediation and what it does to settle disputes, we are right to ask ourselves these questions as well. Like nearly everything it is no panacea and not without weaknesses nor ethical issues. We should explore this as well.