This joint study from the Straus Institute and the International Academy of Mediators ("IAM") examines the differences in default mediation practices by region. The study included a survey of 130 IAM members who were each, roughly about one-third, from inside California, outside California but inside the U.S. and international mediators.
Survey responses revealed that three main differences in mediator practices by region. First, mediators inside California tended toward beginning mediations in caucus, whereas mediators outside the U.S. tended toward beginning mediations with a joint opening session. Second, the survey also revealed differences in how mediators handle revealing information with parties. In California, mediators tended to tell a party that they would share all information as appropriate unless a party instructed them otherwise. In contrast, international mediators were more likely to inform parties that all information would remain confidential unless a party indicated otherwise. Finally, international mediators tended to not offer opinions about proposals and likelihood of settlement, whereas both groups of U.S. mediators tended to share their opinions regarding settlement with parties.