Document Type
Article
Publication Title
Journal of Dispute Resolution
Publication Date
2023
Abstract
This paper introduces a new method and tool for mediators to use as a way of keeping party self-determination foremost in their practice. The tool is based on the "checklist" model used to ensure best practices for healthcare professionals in hospitals, and also on discourse analysis methods to identify key markers of party actions to exercise self-determination in mediation sessions. The self-determination checklist is a simple way for mediators to orient their interventions so as to support the parties' own deliberation and decision-making efforts.
Recommended Citation
Robert A. Baruch Bush and Dan Berstein,
Orienting Toward Party Choice: A Simple Self-Determination Tool for Mediators, 2023 J. DISP. RESOL. 1
(2023)
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/1390