What are the ingredients for a successful mediation initiative?
Simply stated, the visible support of the chief judge or justice, the management of mediation, and the professional commitment by mediators to be prepared and patient are crucial to mediation’s success. With a chief judge or justice conveying interest in and support for mediation, attorneys take mediation seriously and bargain in good faith. Management is essential and should be planned for in the initial program design. Because attorneys are busy people, a lot of work involves finding a date and time when they can meet. If mediation schedules are kept, resources are not wasted. A mediator must discern which cases are the most promising candidates for resolution and nudge those cases with multiple contacts, if necessary. For a discussion of these points, see Roger Hanson, “Courts Have Surprising Success Mediating Workers’ Comp Cases,” Dispute Resolution 25 (winter 2001).
