Seven (Sometimes Surprising) Facts About Mediation


Ever wonder how I get all the news and mediation related stories for EnjoyMediation.com and ADRhub.com? One of the ways is going to news.google.com and search keywords such as "mediation."

This morning, during my search, the following came up which I am sure will generate some thoughts and comments (internally sure- will you post them... maybe?).

Enjoy:

  1. The mediator can't force you to do anything
  2. You might not even see the other party
  3. There is a lot of waiting during mediation
  4. Most mediations settle in the last hour of the scheduled mediation
  5. sometimes settlement isn't the only purpose
  6. Even is mediation is unsuccessful, there may be further negotiations
  7. Every mediation is different
Read the list with descriptions from 4Hoteliers [HERE].

Am I the only one who would like to see the stats for point 4 and find out who are the mediators that relay so much on caucusing?

3 comments:

  1. Fascinating article, but I think it's a good illustration of the variation in mediation styles and techniques. I know it's not unusual in more evaluative kinds of mediations to do so much caucusing, I can't imagine that a mediation where the parties never see or talk to each other would work well for my mediation style.

    I wonder if participants in this style of mediation feel some internal pressure to "get it over with" and settle as the time to conclude the scheduled mediation draws closer. I notice the author of the article is Of Counsel to a firm of 200+ attorneys in multiple cities, so perhaps in that context (and when doing a very evaluative, mediator-directed kind of mediation) this statistic holds true. I'm not sure I'd say that this is anything close to a universal truth, however.

    I wonder if attorney-mediators would find more in that article that resonates than I do.

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  2. I came across this as well with my Google alerts as well. The first thing that struck me was their definition of a mediator (attorney or judge) and it seemed glaringly obvious that they were talking about workplace mediation.
    Like Tammy, I couldn't imagine conducting a mediation where the 2 parties never talk/see each other throughout the process! I can see in extreme circumstances maybe, but those would be few and far between. I have heard of the notion of settling near the end of the day - or in the last hour before. I think that it stems from the added pressure of time and that both parties want the case to settle. It would be interesting to schedule a shorter time for those cases and see if you get the same results...if it is the pressure of time that gets the parties to settle, them give them less time right off the start.
    I also found #7. Every Mediation is Different, to be quite different. The parties are encouraged to follow the lead of their attorney, but I would say that the party should have more of a vocal role and use the attorney for legal advice.

    Thanks for posting Jeff!

    -Jason (@jasondyk)

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  3. I’m still learning from you, as I’m trying to reach my goals. I absolutely love reading all that is written on your site. Keep the posts coming. I loved it!

    ReplyDelete

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