What the Early Stages of Mediation Look Like Today

7 Pages Posted: 13 Apr 2023

See all articles by Roselle Wissler

Roselle Wissler

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

Art Hinshaw

Arizona State University

Date Written: 2023

Abstract

Over the past decade or two, several mediator surveys suggest that changes have been taking place in the early stages of mediation. The surveys, however, have shed little light on what actually occurs during pre-session communications and during initial mediation sessions, be they joint sessions or separate caucuses, and on settings and case types beyond the private mediation of large civil and commercial cases. To get a sense of the current use of pre-session communications and initial joint sessions or initial separate caucuses, as well as what takes place during them, we conducted an online survey of civil and family mediators in state and federal court mediation programs and private mediation settings. The findings summarized here are based on the responses of 1,065 mediators across eight states and four regions of the United States.

Keywords: mediation, empirical research, mediator

Suggested Citation

Wissler, Roselle and Hinshaw, Art, What the Early Stages of Mediation Look Like Today ( 2023). 29 ABA Dispute Resolution Magazine 7 (January 2023), Arizona State University Sandra Day O'Connor College of Law Legal Studies Research Paper No. 4405237, Available at SSRN: https://ssrn.com/abstract=4405237 or http://dx.doi.org/10.2139/ssrn.4405237

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

Art Hinshaw

Arizona State University ( email )

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

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