ABSTRACT
The mediation diversion involved two critical points of choice for disputants; first, the agreement to mediate at all and, second, to jointly accept an agreement. Thus, as a voluntary process with consensual outcomes, mediation presents the unavoidable analytical and theoretical problem of sample self-selection in any comparison with adjudication. Although negotiation in mediation is the focus of this book, with adjudication only appearing as the logical BATNA, information critical to negotiations is described by analyses of exactly who agrees to mediate, who reaches agreement, and whether the agreement resulted in a monetary outcome.
