The ABA Section on Dispute Resolution's Task Force on Improving the Quality of Mediation conducted this study of mediations conducted for civil disputes between represented parties. Based on a series of workshops, surveys and interviews of mediation participants, the Task Force identified four main issues related to mediation quality: pre-mediation preparation by the mediator, parties and counsel; customization of the mediation process on a case-by-case basis; analytical assistance from the mediator; and persistence by the mediator (p 3). Survey respondents were strongly in favor of a high level of preparation on the part of mediators and attorneys before a mediation, as well as parties and counsel being given an opportunity to determine the process they want to follow in mediation. Respondents also advocated mediators playing a more persistent role in encouraging parties to reach settlement. Results were more mixed on the question of whether mediators should offer analysis or advice in mediation, but a majority was in favor of mediators filling such a role.

The report also included a set of recommendations, including developing more extensive training and educational materials on mediation processes and strategies, as well as encouraging further study of mediation quality in local programs and for different types of cases.