Document Type
Article
Publication Date
2024
Abstract
This article is Part 1 of a two-part series presenting action research about factors affecting mediators’ individual practice systems and how they can improve their systems. It reports the results of a study of mediators who attended two educational programs.
This study supports the fundamental premises of real practice systems theory. Mediators have unique practice systems based on numerous variables including their personal histories, values, goals, motivations, knowledge, and skills as well as the parties and subjects in their cases. While mediators consciously use some techniques, much of their behavior is based on unconscious routines. Through reflection, individually and in groups, mediators can become more aware of their systems and consciously decide to refine and improve them.
The attendees found the educational programs to be very valuable, and many said that it helped them learn about their own mediation approaches. Based on the results of this study, Part 2 in this series – Helping You Do The Best Mediation You Can – suggests a practical program for mediators to understand and improve their practice systems, individually and in groups. It also includes suggestions for sponsors of educational programs, faculty, and trainers.
Recommended Citation
John Lande,
Why Do Mediators Mediate the Way They Do?University of Missouri School of Law Legal Studies Research Paper No. 2024-10
(2024).
Available at: https://scholarship.law.missouri.edu/facpubs/1239