Mediation 2004: The Art and the Artist

Source: (2004) Penn State Law Review. 108(4): 1017-1076.

Robert Creo’s professional experience and expertise stem from his many years of work as a commercial mediator. On the basis of that work he argues that mediation is an art and not a science. There is, as he puts it, a growing ‘legalism and institutionalism’ in the field of mediation. A number of movements and events are tending toward the development and enforcement of uniform standards of rules and conduct for mediators. While not advocating a lack of competency and professionalism for mediators, Creo expresses concern about the prospect of external regulation of mediation, of “mediation orthodoxy.â€? He argues instead that free market principles should be the guiding forces in any movement toward formal professionalism. Tolerance and diversity of practice should be core values of the mediation community.