Originally from Alternatives to the High Cost of Litigation

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This article reports the results of the second and third studies in a continuing research project designed to determine how mediators succeed in assisting disputing parties to achieve settlements—and why they sometimes fail.

In Study One, we asked 30 experienced mediators, most of whom deal primarily with commercial, labor, and employment disputes, and nearly all of whom had mediated more than 100 disputes, how they accounted for their success. See Stephen B. Goldberg, “Mediators Reveal Their Essential Techniques for Successful Settlements,” 24 Alternatives 81 (May 2006).

“What skills and techniques,” they were asked, “enable you to get settlements? . . . What [do] you view as your essential strengths and techniques?” Seventy-five percent of the mediators responded that their ability to achieve rapport with disputing parties—a relationship of understanding, empathy, and trust—was central to their success in bringing about settlement.