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Who Owns Mediation? Based on: Mediator Practice Models: The Intersection of Ethics and Stylistic Practices in Mediation. Imperati. 33 Willamette Law Review 703 (1997); If Freud, Jung, Rogers And Beck Were Mediators, Who Would The Parties Pick And What Are The Mediators’ Obligations? Imperati, (43 Idaho L. Rev. 643 (2007); and Reclaiming Mediation: Rebutting Folger and Bush’s Theory, Imperati. Mediate.com’s Futures Project (2015).


Explored the ethical issues and practical questions surrounding the competing mediation models. Who “owns” mediation? Even if mediation participants are familiar with these options, that familiarity in and of itself, will not help them predict the mediator’s approach.


What are the differences between the approaches at the macro and micro levels? Do they matter? In the real world, each party desires the mediator to be “facilitative” with them and “evaluative” of the other side’s position. To resolve this dilemma, a mediator must explain the process of mediation in such a way as to conform to the parties’ expectations to the selected mediation model. Learn practical tools to provide the best combination of approaches for the particular parties at the table.

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