ABSTRACT
Judicial mediation activities occur in both public and private settings. This chapter presents a brief comparative institutional history of judicial settlement work focused on how the work arose and developed in the public and private sector. It contrasts the institutional features and case processing procedures in the two settings. The chapter examines the premises, staff and routine case processing practices of the local Judicial Arbitration and Mediation Services (JAMS) office. JAMS' essential nature as a business concern is apparent in its decor and amenities, which stand in notable contrast to the no-frills context of public courthouses. There are several institutional differences between private judicial mediations and settlement conferences in court, beyond the different procedures for scheduling the mediation and selecting the judge-mediator. The chapter describes the institutional features and case processing practices which characterize judicial mediation as it occurs in the public court and privately at JAMS.
