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Further Investigation into the Secrets of Successful and Unsuccessful Mediators

Goldberg, Stephen B.; Shaw, Margaret L.. Alternatives to the High Cost of Litigation, Sep. 8, 2001

This article addresses results observed from three studies assessing what mediator characteristics were most crucial for successful mediation outcomes, and alternatively, why other mediators failed to achieve successful outcomes. The crucial finding to be extracted from the three studies is that successful mediators are able to build a relationship of trust and confidence with the disputants. The study finds that the actual skills of the mediator are important, but to a lesser degree than the mediator's ability to build confidence. The findings also indicate that there is not one specific model for being a successful mediator; different mediators can be equally successful using different styles and approaches. From the results, the author enumerates the implications for training, mediators, and advocates in an attempt to improve the practice, teaching, and selection of mediators.

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