How Do Mediator Actions Affect Mediation Outcomes? The Report of the Section’s Task Force on Research on Mediator Techniques Offers a Few Clues

Dispute Resolution Magazine, Vol. 24, p. 26, 2017

5 Pages Posted: 27 Apr 2022

See all articles by Roselle Wissler

Roselle Wissler

Sandra Day O'Connor College of Law, Arizona State University

Gary Weiner

Independent

Date Written: 2017

Abstract

In 2013, the ABA Dispute Resolution Section created a Task Force on Research on Mediator Techniques and asked it to review the empirical research and try to determine which mediator actions are beneficial, which are detrimental, and which have no effect on mediation outcomes. This article describes the Task Force’s work and summarizes its analysis of the research findings for seven categories of mediator actions and three sets of mediation outcomes. The analysis of the studies found that none of the categories of mediator actions was found to have consistent effects on any of the three sets of mediation outcomes, some actions had different effects on different mediation outcomes, and a considerable proportion of studies reported no effects. Accordingly, the Task Force concluded that until there is more and better empirical research on this subject, mediators should be careful in making broad claims about “best” techniques.

Keywords: mediator, empirical research, mediation

Suggested Citation

Wissler, Roselle and Weiner, Gary, How Do Mediator Actions Affect Mediation Outcomes? The Report of the Section’s Task Force on Research on Mediator Techniques Offers a Few Clues (2017). Dispute Resolution Magazine, Vol. 24, p. 26, 2017, Available at SSRN: https://ssrn.com/abstract=4061216

Roselle Wissler (Contact Author)

Sandra Day O'Connor College of Law, Arizona State University ( email )

111 E. Taylor St.
Mail code 9520
Phoenix, AZ 85004-4467
United States

Gary Weiner

Independent ( email )

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