Mandatory mediation violates disputants’ fourteenth amendment rights? Discuss

This week’s lesson discussed some of the legal and ethical issues with mediation. Consider and comment on the following questions:

1. Would you argue, as some scholars would, that mandatory mediation violates disputants’ fourteenth amendment rights? Why or why not?

2. Notwithstanding your answer to #1, can mandatory mediation be justified on other grounds such as judicial efficiency or the positive outcomes often reported from reluctant participants? Explain your answer.