Techniques that would be helpful in most mediations

Here are six techniques that you should consider asking your mediator to incorporate. They come from Dispute Res. Mag., Vol. 14, Spring/Summer 2008, and are listed in declining order of value as determined by a survey of 109 participants in focus groups on mediation conducted in 2006-2007.

  1. Suggest possible ways to resolve issues
  2. Ask pointed questions that raise issues
  3. Give analysis of case, including strengths and weaknesses
  4. Recommend a specific settlement
  5. Apply some pressure to accept a specific solution
  6. Make prediction about likely court results

In general, mediators favored the first two techniques also, but were lukewarm about the usefulness of the others. I suppose that these techniques also improve the outcomes of arbitrations (See my post of Jan. 16, 2008: arbitration with 14 references.).

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