Some disputes are not suitable for mediation; likewise, some people are not suitable. Did you ever wonder whether any surveys were conducted which included the adversarial mindset and the consequences on performance in mediation? Okay, just in case you did – wonder no more! According to this article in the Law Gazette, a publication of the United Kingdom’s Law Society, a study conducted by the Centre for Effective Dispute Resolution [CEDR] disclosed that 20% of the lawyers participating in mediation were rated as having performed less than adequately. By the way, this was part of a survey of more than 400 mediators.
What factors do you think led to this outcome? Well, you’ll have to read this interesting piece to learn about the conclusions drawn from the survey.
In addition, here’s the Executive Summary if you’d like more details about the mediator audit. “The audit covered attitudes of civil and commercial mediators to a range of issues concerning their personal background, mediation practice and experience, court-annexed mediation, training standards and professional regulation, and the critical factors in achieving successful mediation.”
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