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<xTITLE>Decline of Dialogue? Galton, Love, and Weiss on Joint Sessions, Caucuses, and the State of Mediation</xTITLE>

Decline of Dialogue? Galton, Love, and Weiss on Joint Sessions, Caucuses, and the State of Mediation

by Eric R. Galton, Lela Love, Jerome F. Weiss
June 2021

CPR Speaks Blog

If the point of mediation is to get parties together to discuss and thereby resolve their problems, why is the distinct trend to keep the parties apart?

The cover story in the new June issue of Alternatives to the High Cost of Litigation presents a survey that shows how caucuses predominate and joint sessions are declining in mediation practice. 

The authors–veteran leaders in the profession—are Eric Galton of Lakeside Mediation Center in Austin, Texas; Lela P. Love, a law professor and director of the Kukin Program for Conflict Resolution at New York’s Benjamin N. Cardozo School of Law, and Jerry Weiss, founder of MediationInc, based in Shaker Heights, Ohio.

The authors join us in the YouTube video above to discuss their research.  Please like and share it at the YouTube link or below on TwitterFacebook, and LinkedIn.

In their Alternatives article, “The Decline of Dialogue: The Rise of Caucus-Only Mediation And the Disappearance of the Joint Session,” 39 Alternatives 89 (June 2021), the authors chart the regional differences in the use of joint sessions and so-called phenomenon of “mediation without dialogue,” and use an example of how joint sessions can be deployed to reduce the conflict that caused the dispute.

Alternatives is available here to CPR members who are logged into the CPR website.  Subscription information is available at altnewsletter.com.

Biography


Eric R. Galton

Eric Galton is considered by many to be a pioneer and defining force in the field of Alternative Dispute Resolution. Since 1989 he has mediated over thirty-seven hundred cases, employing a variety of mediation styles, and consistently maintains a 91% settlement rate. Mr. Galton is highly versatile; he mediates disputes ranging from a half day to two weeks in length, in cities all over Texas and elsewhere in the country, involving anywhere from two to 125 parties from a broad spectrum of ethnic, socioeconomic, political, and business backgrounds. He mediates disputes in over 17 areas of law. In addition to his wealth of practical experience, Eric Galton inspires and motivates participants through his uncompromising ethics, incisiveness, compassion, and genuine love of the mediation process.


Lela Love, is a Professor of Law at Cardozo, Director, Kukin Program for Conflict Resolution Director, and Cardozo Mediation Clinic.


Jerome F. Weiss founded Mediation Inc (an Ohio corporation) which is devoted entirely to ADR activities. He has been mediating cases for 23 years. Jerry is a Distinguished Fellow in the International Academy of Mediators (IAM), the leading professional organization for active mediators worldwide. He was recognized as Best Lawyers’© 2013 Cleveland Mediation “Lawyer of the Year”.