Originally from Alternatives to the High Cost of Litigation

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Last month, Part 3 of this series reported on the results of an action research study analyzing mediators’ reactions to an educational program (referred to below as the “Why Mediators Mediate program”) helping them reflect on their “real practice systems,” or RPS, discussed in the earlier articles all deriving from John Lande, “Real Practice Systems Project,” Indisputably (Dec. 20, 2022) (available at https://bit.ly/3V2LudS).

RPS theory argues that each mediator has a unique practice system based on numerous variables including their personal histories, values, goals, motivations, knowledge, and skills as well as the parties and subjects in their cases. While mediators consciously use some techniques, much of their behavior is based on unconscious routines. Through reflection, individually and in groups, mediators can become more aware of their systems and consciously improve them.

This article uses lessons from a study to recommend things that mediators can do to improve their mediation practice systems. It also includes suggestions for sponsors of continuing education programs, faculty, and trainers to incorporate these insights and techniques in programs, courses, and trainings.