Conflict Resolution

Advanced Problem-Solving Strategies

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In an exchange of letters published in the most recent issue of the New York Review of Books, commenting on an article last month about reforming the plea bargaining process by Federal District Judge Jed Rakoff in New York, Judge Rakoff defends his proposal to get judges more involved in plea bargaining by comparing it to the way mediation is offered to civil litigants in the same court. Here is how he describes mediation as he sees it being practiced: [C]ivil litigants regularly meet with magistrate judges or court-appointed mediators shortly after a case is filed and, in separate, confidential presentations to the mediator, describe their respective evidence and positions. The mediator then meets again with the parties separately and, […]

I was interviewed the other day for a possible article on court-ordered mediation. In discussing this topic, it’s hard to avoid talking about such questions as settlement rates in various kinds of programs, or how mediation programs affect the workload of the courts. We are looking for statistical measures of the success of mediation as compared to other means of resolving cases in court (settlement conferences with judges, arbitration, neutral evaluation, lawyer-initiated settlement discussions, disposition by motion, trial, etc.) That also tends to be the way that judges measure the value of court-connected or private mediation programs. We can’t help but wonder which method gives you the most bang for the buck. But those kinds of measures only tell part […]

Last week SCMA put on a program organized by Jason Harper, about peer mediation programs in high schools. The stars of the program were undoubtedly the three high school students trained as mediators at University High School, who described how they spend every sixth period preventing fights and dealing with a whole range of other conflicts that break out among high school students. The adult mediators in the audience were struck by the maturity and poise of these students, and their obvious mastery of the fundamentals of the mediation process. This program has become so entrenched in this particular school that students often try mediation before calling each other out into the schoolyard for a fight. But peer mediation can do […]