Recently while reading Deborah Laufer’s ADR Network newsletter, I cam across the following:
ABA Section of Dispute Resolution Task Force on Improving Mediation Quality – http://www.abanet.org/dispute/documents/FinalTaskForceMediation.pdf.
The Task Force focused on the use of mediation in civil disputes of all kinds, including commercial, employment and personal injury cases. Matrimonial, family and community disputes were excluded. The four elements found to be essential to effective mediations were:
* Preparation by the mediators, counsel and parties;
* Customization of the mediation process for the specific dispute;
* Use of analytical techniques by the mediator; and
* Patience, persistence and active engagement by the mediator.
Some quick thoughts I have on this:
1) It’s great that this list detailing quality traits has been released.
2) I think, although matrimonial, family and community disputes were excluded, the elements apply to all kinds of mediation.
3) I am interested in how those traits are displayed. Are they displayed and used a certain way (establishing a theme) by individual mediators and then also mediators across the board?
4) In regards to point three- that is exactly the reason I am doing my current research- to find out how exactly those traits are used and displayed while also exploring to see if there are themes with individual mediators as well as a collection of mediators.
For example, point four states patience and persistence as key elements. How do mediators effectively act persistent and patient. What is it that displays those traits?
Thoughts?
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