As a mediator, you've probably come across the phrase "access to justice" when reading about or listening to discussions of mediation, but are you also familiar with the "procedural justice" aspect of mediation? And for the court-connected mediation programs that you mediate for...Do those programs collect data? In this episode, Veronica talks with Nancy Welsh--the Frank W. Elliott, Jr. University Professor, Professor of Law and Director of the Dispute Resolution Program at Texas A&M University School of Law--about both procedural justice and data collection in court-connected mediation. Questions answered during the episode include:
What is procedural justice when it comes to mediation?
What is the connection between procedural fairness and self-determination?
What can mediators do to help parties share their voice in mediation?
How can ODR help support procedural justice in mediation?
Why is data collection important for court-connected ADR and what data should be collected?
Links to resources mentioned in the show:
Nancy's Faculty Profile Page
Aggie Dispute Resolution Program Page
Sampling of Nancy's Articles:
Do You Believe in Magic?: Self-Determination and Procedural Justice Meet Inequality in Court-Connected Mediation
But Is It Good: The Need to Measure, Assess, and Report on Court-Connected ADR
Making Deals in Court-Connected Mediation: What's Justice Got to Do with It?
Bringing Transparency and Accountability (with a Dash of Competition) to Court-Connected Dispute Resolution
About Nancy Welsh:
Nancy A. Welsh is the Frank W. Elliott, Jr. University Professor, Professor of Law and Director of the Dispute Resolution Program at Texas A&M University School of Law. In 2016-2017, she was Chair of the ABA Section of Dispute Resolution.
Professor Welsh is a leading scholar and teacher of dispute resolution and procedural law. She examines negotiation, mediation, arbitration, judicial settlement, and dispute resolution in U.S. and international contexts, focusing on self-determination, procedural justice, due process, and institutionalization dynamics. Professor Welsh has written more than 60 articles and chapters that have appeared in law reviews, professional publications and books and is co-author of DISPUTE RESOLUTION AND LAWYERS, 5TH ED. Additionally, she is co-editor with Howard Gadlin of EVOLUTION OF A FIELD: PERSONAL HISTORIES IN CONFLICT RESOLUTION. In 2006, she conducted research in the Netherlands as a Fulbright Scholar and taught at Tilburg University.
In 2016, she was named a Visiting Scholar of the Program on Negotiation at Harvard Law School and a Visiting Fellow of the Institute for Advanced Study at Indiana University Bloomington.
She has advised state legislatures and federal and state agencies and courts regarding the institutionalization of dispute resolution, conducted empirical research, convened roundtables and symposia on various dispute resolution topics, and served as a mediator, facilitator and arbitrator.
Professor Welsh presents nationally and internationally, conducts training, and teaches Texas A&M’s unique required course for 1Ls – ADR Survey - as well as Civil Procedure, Mediation, and Dispute System Design Seminar.