Comments: Relative Effectiveness of Mediators and Attorney-Mediators in a Court Annexed Mediation Program

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paul , Knoxville TN  paulrajkowski@yahoo.com     03/19/13
Fine article with stata to point out results by each professional. My question is was there an effort to know whether joint or separate session had any impact?I maintain that the parties benefit more from joint. Does court ordered make a difference? Maybe more stats with refinements will bring light to a 30 yr debate that it makes no difference what your background, mediators with good backgrounds are equals and that the decider is how the mediator carries himself/herself in interviews and in the process.....

Doug Thompson, Cohasset MA  dthompson@keystone.org     12/22/11
Interesting article. Two quick thoughts: First, I have always thought these kinds of cases tended to be subject a rough "one-third" reality. That is, one-third will settle no matter how inept the mediator; one-third will not settle regardless how skilled the mediator; and one third will settle only with skilled mediation. Second, there is an implied premise (I think) in the article that mediator "effectiveness" is defined by settlement rates. I would agree that the two things are correlated. However, consider mediator X who helps parties explore their interests, evaluate options and makes informed decisions which leads one or both of the parties to trial vs. mediator Y who takes the same parties, knocks the legs out from each side so they fall together in an agreement....who is more "effective?"

Rick Des Rosiers, Windsor On   10/05/11
Mediator Efficiency Study
Good article Jim and it's the first time I have seen a study that compares the efficiency ratings of Attorney Mediators and Non-Attorney Mediators. While we have a similar Mandatory Mediation process in some of our courts in Ontario, Canada, I would be curious to see what would occur if the election of the type of mediator(Attorney/Non-Attorney Mediator), was given to the parties to decide. How many cases for mediation are assigned with the clients having no idea of the Attorney/Non-Attorney affiliation? After informed consent, it should be included in the process to allow the parties to decide how their mediation is to be conducted.