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14 Disp. Resol. Mag. 43 (2007-2008)
Doing the Best Mediation You Can

handle is hein.journals/disput14 and id is 129 raw text is: As a mediator who handles civil cases, what can you do to be most effective? What would lawyers and parties most appreciate in your work as a mediator? Conversely, what might you do that would turn them off, impede the process, and reduce your chances of being selected again? These were some of the questions considered by the Task Force on Improving Mediation Quality (Task Force) of the ABA Section of Dispute Resolution, which recently issued its final report.' In 2006, after the Section decided that a national credentialing program was not a feasible way to ensure mediation quality, it created the Task Force to investigate factors that promote high-quality mediation practice. The 17 Task Force members represented diverse geographic locations, mediation perspectives, and practice areas. They included lawyer and nonlawyer mediators, lawyers who represent clients in mediation, academics, and administrators of court-connected mediation programs. The Task Force recognized that mediation norms vary widely by type of dispute, and thus it would not make sense to focus on all types of mediation. Rather, it focused on one area and anticipated that similar inquiries might be undertaken later for other areas. It focused only on pri- vate practice civil cases (such as commercial, tort, employment, and construction cases, but not family law or community disputes) where the parties are represented by counsel in mediation. The Task Force conducted research on the views of lawyers, parties, and mediators by using focus groups, sur- veys, and interviews. It held focus groups in nine cities across the United States and Canada, including Atlanta, Chicago, Denver, Houston, Miami, New York, San Francisco, Toronto, and Washington, D.C. At the end of some focus groups, participants completed surveys. More than 200 people participated in the focus groups, and 109 respondents completed the surveys. The Task Force also conducted individual telephone interviews with 13 parties in mediation.2 The participants were selected because of their mediation experience with large civil cases, so this was not a random sample of civil litigators, mediators, or parties. The Task Force used the data to inform its recommenda- tions, recognizing that the subjects' views are not necessarily the best indicator of mediation quality. The Task Force con- cluded that there is not a one-size-fits-all best practice regime that would improve the quality of civil mediation. Rather, it recommended that mediators and mediation par- ticipants tailor the procedures to fit each case. What's a Mediator to Do? The Task Force found that many mediation participants said they appreciate mediators who are not only skilled and knowledgeable, but who also have good intuition about meeting parties' emotional needs. They have been John Lande is associate professor and director of the LL.M. Program in Dispute Resolution at the University of Missouri School of Law. He was a member of the Section's Task Force on Improving Mediation Quality, and he took the lead in design- ing and analyzing the Task Force's research. He can be reached at landej@missouri.edu. DISPUTE RESOLUTION MAGAZINE SPRING and SUMMER 2008 43

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