Editing Mediation (section)

===Mediation with arbitration===
Mediation has sometimes been utilized to good effect when coupled with [[arbitration]], particularly [[binding arbitration]], in a process called 'mediation/arbitration'. The process begins as a standard mediation, but if mediation fails, the mediator becomes an arbiter.

This process is more appropriate in civil matters where [[rules of evidence]] or [[jurisdiction]] are not in dispute. It resembles, in some respects, criminal [[plea bargain|plea-bargaining]] and [[Confucian]] judicial procedure, wherein the [[judge]] also plays the role of [[prosecutor]]—rendering what, in Western European court procedures, would be considered an arbitral (even 'arbitrary') decision.<!--in plea bargaining, the prosecutor is the judge, not the other way around, no?-->

Mediation/arbitration hybrids can pose significant [[ethics|ethical]] and process problems for mediators. Many of the options and successes of mediation relate to the mediator's unique role as someone who wields no [[coerce|coercive]] power over the parties or the outcome. The parties awareness that the mediator might later act in the role of judge could distort the process. Using a different individual as the arbiter addresses this concern.