Insights on Mediator Practices and Perceptions

Abstract

Despite the abundance of literature on mediation, there is a dearth of understanding regarding how mediators actually work, how their individual experiences compare, and how regional or national patterns and trends may vary. In order to help gain further insights into mediation practice, the International Academy of Mediators (IAM) and the Straus Institute for Dispute Resolution, Pepperdine School of Law undertook a survey on Mediator Practices and Perceptions in 2014. The survey identifies areas of convergence in mediation practice among mediators working inside and outside the U.S., but also reveals key areas of apparent divergence in practice, including regional variations (1) in the relative use of joint session and caucus in mediation; (2) the way in which mediators handle information divulged by the parties in caucus; and (3) the extent to which mediators provide case evaluations and opinions. These findings offer strong arguments for more extensive exploration of developments in mediation “markets” and regions of practice around the world.

Keywords: mediation, caucus, joint session, mediator, confidentiality, evaluative, facilitative, directive, empirical, survey, dispute resolution, practices, comparison, International Academy of Mediators, Straus Institute for Dispute Resolution, Pepperdine, lawyers, culture, conflict