Abstract:
This thesis identifies four major problems facing the Altemative Dispute Resolution
profession-especially domestic mediation-and proposes constructive solutions using
ADR pioneer and feminist-pragmatist philosopher Mary Parker Follett's work. I argue
these problems are grounded in a conception of persons as independent and radically
autonomous, rather than interdependent and embedded in social communities. Mediators
often justify professional expansion by claiming mediation is more empowering than other
ADR methods. However, absent a well-developed theory of interdependence, mediation
perpetuates the power of negative socioeconomic forces over clients, furthering oppression
not empowerment. Central to Follett's theory is a conception of power consistent with the
idea that persons are interdependent. Effective domestic mediation reform could be
achieved using Follett's theory, which demonstrates how ostensibly individual matters leading to "private" conflicts are inseparable from social circumstances and public
concerns. I conclude with several solutions based on this alternative conception that help
rectify current ADR problems.