Helping You Do the Best Mediation You Can

8 Pages Posted: 18 Feb 2024

See all articles by John Lande

John Lande

University of Missouri School of Law

Date Written: February 1, 2024

Abstract

This article is Part 2 of a two-part series presenting action research about factors affecting mediators’ individual practice systems and how they can improve their systems. Mediators’ systems grow out of their personal histories, values, goals, motivations, knowledge, and skills as well as the parties and subjects in their cases. From their mediation experiences, they develop categories of cases, parties, and behavior patterns, and they design routine procedures and strategies for dealing with recurring challenges before, during, and after their mediation sessions.

Part 1 describes a study of mediators at educational programs to help them learn why they developed their individual practice systems and to encourage them to improve them. The study supports the premises of “real practice systems” theory. Many attendees said that the programs helped them learn about their own practice systems and inspired them to continue developing them.

Based on the findings in Part 1, this article suggests a program for mediators to understand and improve their practice systems, individually and in groups. It includes links to a 20-minute video, practical articles, a self-assessment worksheet, and a menu of checklists for mediators to refine their systems. It provides suggestions for educational practice groups where members help each other grapple with challenging cases. This article also includes suggestions for sponsors of educational programs, faculty, and trainers.

Keywords: mediation, mediation goals, real practice systems, professional identity, self-assessment, educational program, checklists, preparation, reflective practice, career development

JEL Classification: K40, K41

Suggested Citation

Lande, John, Helping You Do the Best Mediation You Can (February 1, 2024). Available at SSRN: https://ssrn.com/abstract=4713626 or http://dx.doi.org/10.2139/ssrn.4713626

John Lande (Contact Author)

University of Missouri School of Law ( email )

Hulston Hall
Columbia, MO 65211
United States

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