This tool kit is based on the work of the American Bar Association Section of Dispute Resolution Task Force on Improving the Quality of Mediation. The Task Force developed the recommendations below and the documents attached over the course of more than 30 facilitated group discussions with mediation users and mediators. The Task Force conducted these discussions in nine cities in the US and Canada. A summary of comments shared during focus group discussions are available in appendix D.
Purpose
The purpose of this tool kit is to allow local and state mediation organizations and bar association to conduct their own local discussions, tailoring the discussion protocols and survey questionnaires attached to their local needs. This tool kit is not a guide to doing social science research in the academic sense. The recommendations below are merely guidelines and suggestions from the Task Force’s experience conducting discussions on expectations, issues, concerns, and observations regarding local mediation practices. The Task Force encourages local and state groups to modify the process to suit their own local needs. If groups wish to conduct more rigorous social science research on mediation, we recommend that you partner with experts in your state’s institutions of higher education.
Components
Section II lays out the steps for convening a discussion on mediation quality.
Section III discusses how to convene an organizing committee and then how to identify and invite representative stakeholders to attend the discussions.
Section IV covers how to use the information gathered during the discussions.
Section V lists a number of documents that will assist organizing committees.
The complete versions of these documents can be obtained from the Task Force’s web site: http://www.abanet.org/dch/committee.cfm?com=DR020600 .
Dispute Settlement Counsel by Michael Zeytoonian. I’ve heard people who are in a business or employment dispute often lament: “I’m stuck in this dispute, and now we’ll have to litigate;...
By Michael A. ZeytoonianSee the video: "Inmates talk about how the power of peace is transforming their lives and community, demonstrating the possibilities of human redemption in the darkest of circumstances." Prison Inmates...
By Douglas Noll, Laurel KauferBusiness Conflict Blog by Peter Phillips It sometime sometimes seems that the community of business lawyers is divided into two broad tribes: The lawyers who handle the deals, and the...
By F. Peter Phillips