Comments on: Do Popular Mediators Have Higher Settlement Rates? Empirical Analysis of 578 Mediated Cases http://cobbmediation.wordpress.com/2008/11/04/do-popular-mediators-have-higher-settlement-rates-empirical-analysis-of-578-mediated-cases/ Insights into dispute resolution theory and practice from The Center for Legal Solutions, Inc. Sun, 15 Feb 2009 20:37:58 +0000 http://wordpress.com/ hourly 1 By: Do Popular Mediators Have Higher Settlement Rates? Empirical Analysis of 578 Mediated Cases « Center for Legal Solution’s Blog http://cobbmediation.wordpress.com/2008/11/04/do-popular-mediators-have-higher-settlement-rates-empirical-analysis-of-578-mediated-cases/#comment-20 Do Popular Mediators Have Higher Settlement Rates? Empirical Analysis of 578 Mediated Cases « Center for Legal Solution’s Blog Sun, 15 Feb 2009 20:27:22 +0000 http://cobbmediation.wordpress.com/?p=30#comment-20 [...] See Original Blog Post & Comments [...] [...] See Original Blog Post & Comments [...]

]]> By: Jim Shannonhouse http://cobbmediation.wordpress.com/2008/11/04/do-popular-mediators-have-higher-settlement-rates-empirical-analysis-of-578-mediated-cases/#comment-14 Jim Shannonhouse Thu, 27 Nov 2008 14:57:10 +0000 http://cobbmediation.wordpress.com/?p=30#comment-14 As operator of a mediation service for cases in litigation in Mecklenburg County, NC I find your studies of great interest. My theory is that our most popular mediators are successful partially because they are highly skilled and partially because they are chosen to mediate in expection that they will be able to help counsel settle cases they want to settle. In effect, their reputations create a self-fulfilling proficy in favor of settlement. It is worth mentioning that the value put on these mediators is financially greater than those of lessser reputation. I look forward to following your research to see if these thoughts are accurate. Thank you for bringing this analytical process to the sometimes instinctive world of mediation. Jim Shannonhouse As operator of a mediation service for cases in litigation in Mecklenburg County, NC I find your studies of great interest. My theory is that our most popular mediators are successful partially because they are highly skilled and partially because they are chosen to mediate in expection that they will be able to help counsel settle cases they want to settle. In effect, their reputations create a self-fulfilling proficy in favor of settlement. It is worth mentioning that the value put on these mediators is financially greater than those of lessser reputation.

I look forward to following your research to see if these thoughts are accurate.

Thank you for bringing this analytical process to the sometimes instinctive world of mediation.

Jim Shannonhouse

]]> By: Elena G. Rodriguez http://cobbmediation.wordpress.com/2008/11/04/do-popular-mediators-have-higher-settlement-rates-empirical-analysis-of-578-mediated-cases/#comment-6 Elena G. Rodriguez Tue, 18 Nov 2008 02:19:46 +0000 http://cobbmediation.wordpress.com/?p=30#comment-6 I find that attorneys select mediators they know and are comfortable with more often than mediators they don't know, (regardless of the settlement rate they are told those mediators have). It takes a few mediations with a given attorney for them to completely rely on a relationship with a new mediator. On the other hand, the more you mediate for a given client (attorney) the more familiar a mediator becomes with the type of cases and clients a particular attorney has. Frequency has a positive result in the outcome of the settlement. I find that attorneys select mediators they know and are comfortable with more often than mediators they don’t know, (regardless of the settlement rate they are told those mediators have). It takes a few mediations with a given attorney for them to completely rely on a relationship with a new mediator.

On the other hand, the more you mediate for a given client (attorney) the more familiar a mediator becomes with the type of cases and clients a particular attorney has. Frequency has a positive result in the outcome of the settlement.

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