Before this course: Conflict Resolution: teams and families (course 9.7.3). You already know how to map a conflict, build team agreements, run a structured problem-solving meeting, handle family conflict and repair trust, and you know the stop signs for a joint meeting. Here you go one step further: you learn to act as a neutral mediator for other people's disputes, and to teach and review others who mediate.
Before this course, and what the evidence says about mediation
Two neighbours both want the same parking spot. A mediator is like a calm referee who does not pick a winner. The mediator keeps the talk fair and safe, and helps the neighbours make their own deal.
- A working definition. The Model Standards of Conduct for Mediators (2005) say: "Mediation is a process in which an impartial third party facilitates communication and negotiation and promotes voluntary decision making by the parties to the dispute." The mediator runs the process. The parties make the decisions.
- What mediation can give people: the Standards list chances to define and clarify issues, understand different views, identify interests, explore possible solutions, and reach agreements both sides find satisfactory, when they want to.
- Long-term family evidence. In one study, families with child custody disputes were randomly assigned to mediate or to go to court (litigate). Twelve years later, parents who did not live with the children and had mediated were more involved in their children's lives, kept more contact and had more say in co-parenting, and this did not lead to more conflict between the parents (Emery and colleagues, 2001).
- Conflict over time. A follow-up of 109 parents from the same study, randomly assigned in the mid-1980s and measured 5 weeks, 13 months and 12 years after settlement, found that conflict between mediating parents went down in the year after settlement, while conflict between litigating parents went up (Sbarra and Emery, 2008).
- Not a magic tool. A Cochrane review of restorative justice conferences for young offenders aged 7 to 21 (face-to-face meetings with the people they harmed) found 4 trials with 1,447 young people. It found no significant effect on re-arrest or reoffending, and rated the evidence as low quality, with few studies and high risk of bias. The authors note that effects may be clearer for victims than for offenders (Livingstone, Macdonald and Carr, 2013).
- What this means for a mediator: some well-run mediation is linked with good long-term results, but results depend on the setting, the case and the quality of the process. Never promise an outcome.
| Study | Setting | Main finding | Limit |
|---|---|---|---|
| Emery et al. (2001) | Child custody disputes | More parent involvement 12 years later, no more conflict | One study; disputes settled in the 1980s |
| Sbarra & Emery (2008) | Same families, 109 parents | Conflict fell after mediation, rose after court | Small sample |
| Livingstone et al. (2013) | Youth restorative conferences | No clear effect on reoffending | Few, low-quality trials |
- Write the definition of mediation in your own words, in one sentence.
- Underline who makes the decisions in that sentence (the parties).
- For each study in the table, write one sentence: what it suggests for your practice.
- Write one limit for each study.
- Write one sentence you could say to a party who asks "Will this work?" without promising an outcome.
- Check: your answer to step 5 is honest, mentions that results vary, and makes no promise.
Videos by other creators on YouTube, for reference. They are not made by or affiliated with The Future Market.
Read the video script
[Host] "A mediator does not judge. A mediator helps people make their own decision."
[Text on screen: Impartial · Facilitates · Voluntary decisions] "The Model Standards define mediation as an impartial third party who helps people talk and decide for themselves."
[Text on screen: 12 years later: more involvement, no more conflict] "In one long study of custody disputes, parents who mediated stayed more involved with their children, without more conflict."
[Text on screen: Youth conferences: no clear effect on reoffending] "But a review of youth conferences found no clear effect on reoffending. Evidence matters."
[Host] "So stay humble: never promise an outcome."
Write a half-page "What mediation is and is not" sheet you could give to a party before a first meeting. Include one honest sentence about what research shows and one about what it does not show.
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I'm learning "Mediation Skills: facilitate agreements" on The Future Market. Lesson 1: "Before this course, and what the evidence says about mediation". What the lesson teaches: - A working definition. The Model Standards of Conduct for Mediators (2005) say: "Mediation is a process in which an impartial third party facilitates communication and negotiation and promotes voluntary decision making by the parties to the dispute." The mediator runs the process. The parties make the decisions. - What mediation can give people: the Standards list chances to define and clarify issues, understand different views, identify interests, explore possible solutions, and reach agreements both sides find satisfactory, when they want to. - Long-term family evidence. In one study, families with child custody disputes were randomly assigned to mediate or to go to court (litigate). Twelve years later, parents who did not live with the children and had mediated were more involved in their children's lives, kept more contact and had more say in co-parenting, and this did not lead to more conflict between the parents (Emery and colleagues, 2001). - Conflict over time. A follow-up of 109 parents from the same study, randomly assigned in the mid-1980s and measured 5 weeks, 13 months and 12 years after settlement, found that conflict between mediating parents went down in the year after settlement, while conflict between litigating parents went up (Sbarra and Emery, 2008). - Not a magic tool. A Cochrane review of restorative justice conferences for young offenders aged 7 to 21 (face-to-face meetings with the people they harmed) found 4 trials with 1,447 young people. It found no significant effect on re-arrest or reoffending, and rated the evidence as low quality, with few studies and high risk of bias. The authors note that effects may be clearer for victims than for offenders (Livingstone, Macdonald and Carr, 2013). - What this means for a mediator: some well-run mediation is linked with good long-term results, but results depend on the setting, the case and the quality of the process. Never promise an outcome. - Study - Setting - Main finding - Limit The exercise I'm working on: Write a half-page "What mediation is and is not" sheet you could give to a party before a first meeting. Include one honest sentence about what research shows and one about what it does not show. I'm stuck. Please: 1. Explain the main idea in plain, simple words with one everyday example. 2. Walk me through the exercise one small step at a time. Ask me what I've done so far before giving the next step. 3. Don't just give me the final answer. Help me do it myself, and check my work when I share it.
I'm a parent helping my child (about 8 years old) with a lesson called "Before this course, and what the evidence says about mediation" from the course "Mediation Skills: facilitate agreements". Here's what the lesson says: Two neighbours both want the same parking spot. A mediator is like a calm referee who does not pick a winner. The mediator keeps the talk fair and safe, and helps the neighbours make their own deal. The activity: Write a half-page "What mediation is and is not" sheet you could give to a party before a first meeting. Include one honest sentence about what research shows and one about what it does not show. Please explain this so an 8-year-old understands: short sentences, a fun everyday example, and no hard words. Then give me 3 simple questions I can ask my child to check they understood, and a way to do the activity together, one tiny step at a time.
Sources
- Model Standards of Conduct for Mediators (2005), AAA, ABA and ACR (copy hosted by the US District Court, Western District of New York): www.nywd.uscourts.gov/sites/nywd/files/Model%20Standards%20Of%20Conduc
- Emery, Laumann-Billings, Waldron, Sbarra & Dillon (2001), "Child custody mediation and litigation: custody, contact, and coparenting 12 years after initial dispute resolution," Journal of Consulting and Clinical Psychology (PubMed): pubmed.ncbi.nlm.nih.gov/11393609/
- Sbarra & Emery (2008), "Deeper into divorce: using actor-partner analyses to explore systemic differences in coparenting conflict following custody dispute resolution," Journal of Family Psychology (PubMed): pubmed.ncbi.nlm.nih.gov/18266541/
- Livingstone, Macdonald & Carr (2013), "Restorative justice conferencing for reducing recidivism in young offenders (aged 7 to 21)," Cochrane Database of Systematic Reviews (PubMed): pubmed.ncbi.nlm.nih.gov/23450592/
The mediator's ethics: the Model Standards
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Intake and screening: is mediation right for this case?
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Run a full mediation, from opening to options
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Impasse, strong emotions and power gaps
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Write the agreement and close well
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Mediation as a profession: training, certification and schemes
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Teach and review: lead a practice mediation lab
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Final project
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Quiz
In the Model Standards' definition, who makes the decisions in mediation?
The parties; the mediator is impartial and helps them talk and decide.
What did the 12-year custody study find for parents who mediated?
Parents who did not live with the children stayed more involved, without more conflict between the parents.
What did the review of youth restorative conferences find about reoffending?
No clear effect, and the evidence was low quality.
What is the difference between "shall" and "should" in the Model Standards?
"Shall" means must; "should" means highly desirable, departed from only for very strong reasons.
What should a mediator do about a possible conflict of interest?
Make a reasonable inquiry, disclose it, and go ahead only if all parties agree, or withdraw if it would undermine the mediation.
What must a mediator not do with information from a private session (caucus)?
Pass it on without the consent of the person who shared it.
What should a mediator do on learning of domestic abuse or violence?
Take appropriate steps, including postponing, withdrawing or ending the mediation.
Why hold intake meetings with each party separately?
So each person can speak freely about safety and choose mediation without pressure.
Name three tools for impasse.
Any three of: a break or caucus, reality testing, a smaller issue first, a trial period, reframing, objective criteria.
What makes an agreement clause clear?
It says who does what, by when and how often, and how you will know it happened.
What does IMI require for its Certified Mediator status?
At least 200 hours of practice or 20 mediations, an approved assessment and commitment to its code of conduct.
What should someone do if a party is in danger right now?
Call the local emergency number.
Final exam
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Certificate
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