One of the interesting panelists at the symposium was Lawrence Mills, a Seattle attorney who is currently the Chair of the American Bar Association Section of Dispute Resolution. One topic he discussed was the findings of a task force on mediation quality. Their report named four elements necessary for quality mediation: 1) solid preparation by the mediator, counsel, and parties; 2) customizing the process to the matter at hand; 3) essential analytical assistance from the mediator; and 4) persistence by the mediator.
Some might be surprised by the second element, the importance of tailoring the mediation process to the needs of those involved. Yet one of the greatest benefits of mediation is that the parties can make the process their own. They can determine time, place, duration, participants, style, and whatever else they must design to make the process work for them. If their needs change, they can change the process to fit.
