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Abstract

In this essay, I continue to argue against such rigid characterization of the mediation enterprise and in favor of what I term an "eclectic" approach to mediation. The eclectic style is one in which a mediator - while maintaining neutrality and impartiality at all times - attempts to both assist the disputants in finding acceptable solutions on their own and also remains free to provide necessary guidance as to the outcomes that might obtain in the legal regime that will govern their dispute should no agreement result from the mediation. In short, my view of good mediation practice is one where the mediator may employ both facilitative and evaluative techniques in order to assist the parties. Permissible mediation conduct should vary not according to some ironclad formula but should instead reflect the personal style of the mediator as well as the desires of the disputants and the context and nature of the dispute.4

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