The formal legal system is the foundation and superstructure of the justice system. Private ordering makes the legal system function-makes it livable.
Most disputes are more likely to be resolved by private means.
However, private ordering requires the security of the formal legal system to set parameters and create entitlements. Mediation does not lead to social justice, although it may play an important role in our shift in thinking about problem solving. Brown vs. Board of Education or Roe vs. Wade, in all likelihood, could not have been mediated.