Systematic Analysis in Dispute Resolution

JOHN W. COOLEY

Traditionally, mediation has been defined as a process in which an impartial intervenor helps disputants reach a voluntary settlement of their differences through an agreement defining their future behavior. Mediation consists of eight stages: initiation, preparation, introduction, problem statement, problem clarification, generation and evaluation of alternatives, selection of alternatives, and agreement. ¹ The mediator does not impose a decision on the parties. Yet despite this lack of decision-making authority, the mediator is effective for several reasons:

1.	Parties are more likely to disclose important information concerning their true settlement objectives to a mediator than to an arbitrator, judge, or other party with decision- making authority.
2.	A mediator is able to work, in caucus, with each party in defining a realistic settlement range or solution, often discovering an overlap in settlement ranges or solutions that can lead to a prompt agreement.
3.	By focusing on problem-solving rather than fault-assignment, a mediator keeps the parties in a settlement frame of mind rather than an adversarial one.
4.	Mediation is confidential and involves virtually no risk to the parties since they cannot be bound by the mediator.
5.	If the parties cannot agree, each is free to terminate the mediation. This freedom allows the parties to consider more creative solutions than are likely to emerge from an adversarial process. 2

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