Abstract
AbstractIn 1680 the German jurist Johann Wolfgang Textor systematically and comprehensively analyzed the practice of mediation in the context of resolving international disputes. As mediation and alternative dispute resolution in general undergo tremendous growth in the United States, and as concern over the theoretically disorganized, ad hoc manner of that growth continues to intensify, Textor's work takes on new significance. He identified several fundamental principles in mediation, giving historical content to, among others, the principles of unbias, authority, and acceptance. More importantly, he posited certain principles that demonstrate the legitimacy of, and provide historical precedents for, the controversial practice of compulsory mediation.
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