Real Practice Systems Project Menu of Mediation Checklists

15 Pages Posted: 4 Dec 2023 Last revised: 2 May 2024

See all articles by John Lande

John Lande

University of Missouri School of Law

Date Written: December 1, 2023

Abstract

This is a detailed menu of checklists for mediators, including mediators’ actions before, during, and after mediation sessions. The checklists also include items about information to provide on websites, compliance with ethical requirements, and reflection and improvement of mediation techniques. They are intended to prompt mediators to become more conscious and intentional in their work, helping them to develop routines and strategies for dealing with recurring problems.

The checklists are extensive but not exhaustive. They are not recipes to follow strictly, thoughtlessly, or completely. Instead, they should help mediators decide what to do in any specific case or in their practice generally. Mediators can use them to develop their own checklists, modifying or omitting some items and adding others. They should tailor these checklists to reflect their values, practice philosophies, and characteristics of their cases and clients. Mediators can perform almost all of the tasks in the checklists regardless of their views about various mediation models or theories.

The checklists are concrete illustrations of Real Practice Systems (RPS) theory, illustrating that each mediator inevitably has a unique practice system. Under this theory, mediators base their systems on their personal histories, values, goals, motivations, knowledge, and skills as well as the parties and the cases in their mediations.

The checklists are designed primarily for practicing mediators but they may be valuable to teachers and trainers, students and trainees, program administrators, and academics analyzing mediation.

Keywords: real practice systems, mediation, negotiation, mediation advocacy, checklist, preparation, interests, intangible interests, techniques, best alternative to a negotiated agreement, BATNA, dispute resolution, decision fatigue, decision making, drafting, self-assessment, reflective practice, teaching

JEL Classification: K40, K41

Suggested Citation

Lande, John, Real Practice Systems Project Menu of Mediation Checklists (December 1, 2023). University of Missouri School of Law Legal Studies Research Paper No. 2023-17, Available at SSRN: https://ssrn.com/abstract=4650839 or http://dx.doi.org/10.2139/ssrn.4650839

John Lande (Contact Author)

University of Missouri School of Law ( email )

Hulston Hall
Columbia, MO 65211
United States

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