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Insights on Mediator Practices and Perceptions

Disp. Resol. Mag., Winter 2016, at 4

Pepperdine University Legal Studies Research Paper No. 9

7 Pages Posted: 9 Apr 2016  

Thomas Stipanowich

Pepperdine University School of Law

Date Written: 2016

Abstract

Despite the abundance of literature on mediation, there is a dearth of understanding regarding how mediators actually work, how their individual experiences compare, and how regional or national patterns and trends may vary. In order to help gain further insights into mediation practice, the International Academy of Mediators (IAM) and the Straus Institute for Dispute Resolution, Pepperdine School of Law undertook a survey on Mediator Practices and Perceptions in 2014. The survey identifies areas of convergence in mediation practice among mediators working inside and outside the U.S., but also reveals key areas of apparent divergence in practice, including regional variations (1) in the relative use of joint session and caucus in mediation; (2) the way in which mediators handle information divulged by the parties in caucus; and (3) the extent to which mediators provide case evaluations and opinions. These findings offer strong arguments for more extensive exploration of developments in mediation “markets” and regions of practice around the world.

Keywords: mediation, caucus, joint session, mediator, confidentiality, evaluative, facilitative, directive, empirical, survey, dispute resolution, practices, comparison, International Academy of Mediators, Straus Institute for Dispute Resolution, Pepperdine, lawyers, culture, conflict

Suggested Citation

Stipanowich, Thomas, Insights on Mediator Practices and Perceptions (2016). Disp. Resol. Mag., Winter 2016, at 4; Pepperdine University Legal Studies Research Paper No. 9. Available at SSRN: https://ssrn.com/abstract=2759982

Thomas Stipanowich (Contact Author)

Pepperdine University School of Law ( email )

24255 Pacific Coast Highway
Malibu, CA 90263
United States
310-506-4655 (Phone)
310-506-4437 (Fax)

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