NCJ Number
141269
Journal
Mediation Quarterly Volume: 10 Issue: 2 Dated: (Winter 1992) Pages: 119-128
Date Published
1992
Length
10 pages
Annotation
To relate some of the rich jurisprudential history to contemporary mediation practice, this article concentrates on the contributions of the jurists of the 17th Century, the golden age of the Law of Nations.
Abstract
The systematic analysis of mediation provided by Johann Wolfgang Textor in the "Synposis of the Law of Nations" contributes significantly to contemporary mediation theory. Textor identified eight principles as inherent in the practice of mediation: authority, unbias, agreement, the obligation to accept an offer of mediation, the right to refuse mediation, the sound reasons requirement, the limitations on agency, and the legitimacy of compulsory mediation. Although not all-inclusive, these principles address most aspects of the mediation process. Importantly, the principles legitimize and provide historical precedents for the controversial practice of compulsory mediation. Textor contends that in the historical practice of nations, the obligation to accept an offer of mediation and the requirement of sound reasons for rejecting a mediator's proposal serve to justify compulsory mediation. 41 references