Mediation Theory and Practice

First-time mediator stories

Cathia A. Moon, Susan S. Raines, Laffon Brelland Jr — Tue, 16 Nov 2021 00:00:00 +0000

How can mediation trainers and programme directors ensure that mediators are ready for their first solo case? This study utilised an online survey of forty-one mediators across case types to learn from their first mediation experiences; we asked them to reflect on how it felt to mediate for the first time and the ways in which their training had (or had not) prepared them to succeed. We found that more mediators used negative descriptors than positive ones to describe their initial mediation experience, yet nearly all claimed to have enjoyed mediation training. Study participants voiced a desire for more observations and co-mediation of real cases, or short of that, more role-play practice to prepare them for mediation. This study shares their narratives, analyses their feedback for mediation trainers, and helps to normalise the nervousness felt by most mediators during their first (and subsequent) cases.

What can different fields of mediation learn from one another and how might this inform current practice?

Andrew Sims — Tue, 16 Nov 2021 00:00:00 +0000

This article will examine two innovative aspects of mediation practice that are evident in some, but not all, mediation fields: an ‘extended preparation’ phase following an initial pre-mediation meeting; and the identification and application of wider learning opportunities at an organisational level, based on anonymised mediated outcomes. It will explore the impact these two distinct aspects have in the mediation fields in which they are currently used, including their costs and benefits, and consider the extent to which they could be applied to other mediation contexts. It will offer some observations about how current mediation practice might benefit from ‘cross-field’ learning and it will conclude by urging practitioners to consider adopting a more expansive view of the mediator’s role and the mediation process.

Purpose in practice

Lesley Allport — Tue, 16 Nov 2021 00:00:00 +0000

This article examines the similarities and differences of practice and purpose across all fields of mediation delivery. It outlines conclusions from research conducted as part of my PhD in 2016. I was seeking to establish how far there is an understanding of mediation, its purpose, the way it is delivered and the principles by which it is governed that would be recognised and shared by mediators regardless of the context. My conclusions are based on findings from interviews with practitioners working across a variety of sectors. They reveal that mediation achieves multiple purposes which can be organised into themes including: ‘empowerment’, ‘ending the conflict’, ‘improving communication’, ‘relationship repair’, ‘resolving issues’ and ‘settlement’. While context does influence outcome, these purposes were not exclusive of one another: In fact, the central question is more to do with finding an appropriate starting place for discussions. I concluded that mediation is first and foremost a party-led process and this is a key factor in defining its purpose in any context.

A strategy model for workplace mediation success

Brian M. Barry — Tue, 16 Nov 2021 00:00:00 +0000

This article proposes a three-step model to help workplace mediators decide on the optimum strategy for mediating workplace disputes. The model uses a grid – the Workplace Mediation Strategy Grid – which is based on a modified version of a grid Professor Leonard Riskin developed for categorising mediation orientations. The model asks the mediator to first consider the nature of the workplace dispute based on three facets of the dispute. This guides the mediator to plot a position on the Grid which represents two fundamental aspects of strategy for mediating that dispute: (1) how broadly the problem should be defined by the mediator and (2) the style of mediation that the mediator should use. The mediator implements this strategy improving the likelihood of a fair and positive outcome for the disputing parties.

Editors’ note

Pablo Cortés, Maria Federica Moscati — Tue, 16 Nov 2021 00:00:00 +0000

In memoriam: ‘Sonia’ Nourin Shah-Kazemi

Mohamed M. Keshavjee — Tue, 16 Nov 2021 00:00:00 +0000