Bush’s and Lande’s Differing Perspectives of Mediation Theory

Abstract

This article summarizes and contrasts two articles published in the Cardozo Journal on Dispute Resolution expressing differing perspectives about basic mediation theory. One is Professor Robert A. Baruch Bush’s article, Beyond the Toolbox: Values-Based Models of Mediation Practice. The other is my article, Real Mediation Systems to Help Parties and Mediators Achieve Their Goals. Prof. Bush believes that a system of theoretical models is critically important. I believe that a dispute system design framework enables mediators and mediation stakeholders, especially parties, to more accurately understand and characterize how mediators think and act – and to act accordingly. Prof. Bush’s article prompted me to develop a Real Practice Systems Project, which I describe in my article.

Keywords: mediation, theory, models, dispute system design, facilitative mediation, evaluative mediation, transformative mediation, real practice system, teaching, training, practice, preparation