Document Type
Article
Publication Date
7-2009
Journal Title
Dispute Resolution Magazine
ISSN
1077-3592
Abstract
In this article, we propose four mechanisms to enable mediation participants to explore problems broadly and then to decide what problem definition is most appropriate for the mediation of their case:
- A three-step systematic method for determining the problem to be addressed;
- Two variations of a rule that could be adopted by courts (and private providers) that would require lawyers or mediators to implement this systematic way of working with problem definition; and
- A new rule under which a court (or private) mediation program would offer to customize any mediation in order to seek the most appropriate problem definition
We offer these mechanisms here to stimulate a dialogue regarding the most effective and administrable approaches that could give parties-especially one-shot players-the opportunity to influence the focus of their mediation sessions.
First Page
19
Last Page
22
Num Pages
4
Volume Number
15
Issue Number
4
Publisher
American Bar Association Section of Dispute Resolution
Recommended Citation
Leonard L. Riskin & Nancy A. Welsh,
What's It All About? Finding the Appropriate Problem Definition in Mediation,
15
Disp. Resol. Mag.
19
(2009).
Available at:
https://scholarship.law.tamu.edu/facscholar/992