Cal. Litig. 2014, Volume 27, Number 2

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.

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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.

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