I just became a guest writer for the Kluwer Mediation Blog, which features academics and practitioners from around the world. I want to cross-pollinate Indisputably and KMB by encouraging subscribers of each blog to subscribe to the other. I hope to stimulate conversations between our communities.
My first KMB post is The Evolution To Planned Early Multi-Stage Mediation. It discusses problems with the pressure to complete mediations in a single day, shifts to mediation by video because of the coronavirus, and an evolution toward the use of multi-stage mediations. This piece includes links to posts by practitioners who now are using multi-stage mediations and who describe their procedures.
2 thoughts on “Kluwer Mediation Blog Post on the Evolution of Mediation”
Although forms of mediation have been in play for thousands of years,6 our present, evolving global preoccupation with mediation and other techniques for managing conflict was prefigured by developments in the United States beginning nearly four decades ago. That “Quiet Revolution” sprang from multiple wellsprings, including concerns about the perceived risks and costs of litigation as well as delays resulting from crowded court dockets, and the desire to empower parties to more effectively achieve a resolution of their own disputes and even sustain, restore or transform human relationships. This growing wave of change produced hundreds of court-connected programs aimed at promoting negotiated or mediated settlement of litigated cases; analogous measures sponsored by numerous federal and state agencies; myriad neighborhood justice centers or community-based mediation programs; and a host of bodies or groups (from bar associations and non-governmental organizations (NGOs), to for-profit entities) aimed at promoting or providing education, training or professional dispute resolution services.
James Claxton, of Rikkyo University, wrote The Latent Blossoming Of Remote Mediation, which elaborates themes in this post.