Dispute Resolution Magazine
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.
American Bar Association Section of Dispute Resolution
Leonard L. Riskin & Nancy A. Welsh,
What's It All About? Finding the Appropriate Problem Definition in Mediation,
Disp. Resol. Mag.
Available at: https://scholarship.law.tamu.edu/facscholar/992