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5 Resolved: J. Alternative Disp. Resol. 125 (2015)
Seating Arrangements in Mediation

handle is hein.journals/resolvjo5 and id is 125 raw text is: SEATING ARRANGEMENTS IN MEDIATION By: Samuel A. Bryant, Esq.1 I. INTRODUCTION Seating arrangements are an aspect of mediation over which the mediator has the most control2. Thus, the mediator can use seating arrangements to set the tone of a mediation before the parties arrive. This paper will analyze the use of seating arrangements in mediation. Section II describes the importance of seating arrangements in mediation. Section III explains the psychological effects of seating arrangements on the mediating parties. Section IV provides examples of different seating arrangements. Section V presents other considerations the mediator must contemplate before using seating arrangements. Section VI describes ideas that will help a mediator execute a planned seating arrangement. Finally, section VII concludes that every mediator should carefully consider seating arrangements before mediation. II. IMPORTANCE OF SEATING ARRANGEMENTS Seating arrangements are important to mediation because it is an aspect that can help mediators accomplish the ultimate goal of mediation--reaching a voluntary and mutually satisfactory agreement. However, this cannot occur unless the parties perceive mediation as being a fair process. A deliberate seating arrangement helps the parties perceive the mediation process as a fair one. Furthermore, the American court system recognizes the importance of 1 Civil litigation associate at Wicker, Smith, O'Hara, McCoy & Ford in West Palm Beach Florida. J.D. 2014, University of Florida. I would like to thank my family, especially my uncle, Aaron Samuel Lee Jr. for your love and encouragement. I would also like to thank Professor Robin Davis for reviewing an earlier draft of this article and for her counsel throughout this process. 2 See Eric Kornhauser & Shawn Whelan, Mediation and Environment, CMA LEARNING, available at, http://www.cmalearning.com.au/images/stories/pdf/MediationEnvironment.pdf. (Of all the elements in mediation, the environment is probably the least dynamic therefore the most easily controlled.) Resolved: Journal of Alternative Dispute Resolution Volume V, Issue I Page 125

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