Litigation
Cal. Litig. 2014, Volume 27, Number 2
Content
- Adr Update - the Pre-Mediation Conference: An Underused Step Toward Resolution
- California Attorney Fee Orders: When to Appeal, Defend or Settle
- Editor's Foreword This Award-Winning Publication (?)
- Fighting Procrastination in Legal Practice: Defining and Finding Your Role in the Cycle
- From the Section Chair
- Litigation Section Executive Committee Past Chairs
- Masthead
- McDermott on Demand: Horsing Around
- Mum's the Word: Why Saying Too Much May Invalidate a Contract
- New Lawyer Column: Motion Buffet
- Past Editors-in-Chief
- Riverisland: Inordinate Burdens or Leveling the Playing Field
- Sargon Enterprises v. Usc-a Different Perspective
- Table of Contents
- The Inelegant Art of Scorched Earth Discovery
- Mediation Research: What Really Works?
Mediation Research: What Really Works?
By Gary Weiner
Attorneys have been taking their clients to mediation for years now. Many cases settle and a lot don’t. Lawyers and mediators have all kinds of ideas about what works and some can even give you a theory about why. Lawyers have a whole host of ideas about why to choose one mediator or another. Mediators have ideas about what they do and why it works when it does.
[Page 24]
But, do we really know? Surprisingly, we don’t really have much good empirical information on what really works. Some new research seems to say that even mediators don’t really know what it is they actually do when they mediate.